Simon Osborn-King

Experience includes advising:

Commercial Litigation

• A New York venture capital firm in expedited proceedings (an unfair prejudice petition) arising out of the disputed sale of a 25% shareholding in an international software business (Otello Corporation v Moore Freres & Company [2018] EWHC 2347 (Ch)).
• A major insurer in relation to COVID-19 related business interruption insurance issues, including applying to join the appeal as a party in the FCA Business Interruption Test Case (The Financial Conduct Authority v Arch Insurance (UK) Limited & Ors, FL-2020-000018).
• Global software company in relation to claims for payment of success fees alleged to be owing to a global investment banking firm in relation to a very significant acquisition in the TMC sector.
• A global insurance company in coverage disputes with an aircraft lessor regarding multiple multi-million dollar policy claims.
• GLAS on all aspects of the capital structure of Hema BV leading into and through its €880 million restructuring by way of English scheme of arrangement and Dutch in-court share pledge enforcement.
• A FTSE100 corporate in relation to a high value breach of contract claim against it by its JV partner concerning the operation of a joint venture in Asia.

Compliance, Investigations and Enforcement

• Deutsche Bank on multiple high-profile global investigations by enforcement agencies into LIBOR misconduct, and on the subsequent coordinated settlements in the US and UK.
• A leading U.K. insurer in a broad ranging FCA investigation directed at the client’s core business and involving issues dating back over a decade.
• Olympus in relation to high profile investigations in several jurisdictions regarding an alleged financial fraud.
• A major U.K. residential property developer in its investigations into bribery and false accounting allegations.
• A senior executive in a FCA investigation relating to a high-value breach of money laundering controls at a leading international bank.
• A number of UK financial institutions in responding to supervisory visits, thematic reviews and skilled person reviews.
• A wide range of private equity funds, including in the financial services, professional services, manufacturing, technology, media and telecom sectors on anti-corruption, anti-money laundering and sanctions due diligence matters.

Fraud

• An asset management company in bringing proceedings for claims of breach of fiduciary duty, dishonest assistance and unlawful means conspiracy and obtaining a worldwide freezing order and proprietary asset preservation order against the defendants (Montlake QIAIF Platform ICAV v (1) Tiber Capital (2) Massimo Bochicchio and (3) Kidman Asset Management Limited, CL-2020-000571), and, in connection with the proceedings, obtaining a Norwich Pharmacal disclosure order against Interactive Brokers (U.K) Limited (Montlake QIAIF Platform ICAV v. Interactive Brokers (U.K.) Ltd., CL-2020-000583).
• An individual and three Hong Kong incorporated companies) in a USD 2bn fraud claim against 17 defendants in connection with the sale of their majority stake in a holding company of a prominent renewable energy company in Asia (Nopporn Suppipat and others v. Nop Narongdej and others, CL-2018-000716)
• A private equity fund in defending claims, valued at approximately £350 million, brought by a private equity fund for fraudulent misrepresentation.
• Olympus in civil claims brought against it by its former CEO in connection with an alleged financial fraud.
• Partner and chief financial officer of a global private equity firm in defending claims of fraud, dishonesty, misappropriation and breach of fiduciary duties.
• A high-net-worth individual and his companies in relation to a private prosecution for conspiracy to defraud.
• A global software company in bringing claims in the UK and Europe for fraudulent misrepresentation, anti-competitive behaviour, corporate espionage, and the dissemination of confidential information.