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Mark Cooper

Partner

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Languages: German

Mark is a dispute resolution partner based in London in the Financial Service Disputes & Investigations group.  He helps financial institutions like yours resolve or manage complex disputes.

A financial services dispute resolution partner, Mark leads on some of the group’s most significant and high-profile disputes mandates, acting for a broad range of domestic and international institutions, including many private banks.

Mark advises on the full spectrum of financial services disputes, both in the UK and abroad, including in relation to contractual disputes, derivatives and structured products, civil fraud, breach of fiduciary duty, product mis-selling, banking confidentiality and internal systems and controls.

Mark has particular experience of freezing orders and other relief commonly encountered by financial institutions on a third party basis, especially where these raise complex cross-border issues or where quantum is significant.  Mark has assisted leading wholesale and retail banks with the design of institution-wide processes for dealing with such orders.

Mark has first-hand knowledge of working at a major financial institution, having spent time working in both the business and litigation departments of major US and Swiss investment banks.

Mark’s experience includes:

Civil Disputes

  • representing a leading UK bank in relation to unlawful means conspiracy and unjust enrichment proceedings against multiple individuals and corporate defendants;
  • successfully acting for a foreign corporate in proceedings before the Court of Appeal and Supreme Court in relation to the benefits received by a former business partner in breach of his fiduciary duties;
  • representing the branch of a leading international private bank in relation to proceedings arising out of USD 300M fraud judgment against former individual and corporate customers;
  • defending a major private bank in relation to claims for breach of fiduciary duty arising out of historic finder agreements;
  • acting for a foreign corporate in proceedings concerning the enforceability and wrongful termination of various conditional fee agreements;
  • advising a UK private bank on recovery in relation to various defaulted facilities secured against high value residential and commercial property;
  • acting for a US investment bank in the context of market manipulation and fraudulent bankruptcy charges in Italy; and
  • acting for a leading UK bank in relation to claims brought by shareholders arising out of a rights issue

Insolvency Disputes

  • acting for a corporate trustee in the context of claims in excess of a billion USD arising in multiple jurisdictions following the insolvency of a bond issuer; and
  • advising various clients on the recovery of assets following the collapses of Lehman Brothers and MF Global

Tax Disputes

  • acting for a US investment bank in judicial review proceedings in connection with disputed VAT assessments;
  • advising a large UK corporate on the recovery of historic VAT overpayments;
  • undertaking an internal investigation for a Fortune 500 commodities broker further to enquiries by a foreign prosecutor in relation to third party suppliers; and
  • advising various foreign and UK bank on responding to production orders related to HMRC investigations

Contentious Regulatory Proceedings

  • successfully defending a commodities trader at a major international trading and supply company in connection with a criminal and civil market abuse investigation by the FCA.

Mark regularly presents to clients on all aspects of dispute resolution.  Recent presentations include: Group Litigation and Class Actions in England and Wales; The Expansion of Financial Institutions’ Duties of Care: Quincecare and Braganza?; Strategies and Pitfalls in the Early Stages of Litigation; and Coping with Court Orders.

Mark edits the Eversheds Sutherland Court Orders Update blog: https://bit.ly/30Dfuip.  This provides regular updates, analysis and practical advice on the latest cases involving those court orders most commonly encountered by financial institutions (such as freezing orders, third party debt orders and all forms of disclosure order).  Mark is currently co-producing a Global Guide to Freezing Orders which is due to be published in 2022.

Mark is described in Legal 500 as a “highly intelligent and go-getting partner – will leave no turn unturned to achieve client success” and as providing “very pragmatic, commercially aware advice”.

Mark is part of the Litigation & Dispute Management’s Funding Group.  He has experience of structuring bespoke alternative fee solutions (including involving third party funding and/or insurance), so as to enable clients to pursue matters with no or reduced cost exposure.

Mark is also a member of the Litigation & Dispute Management Pro Bono Committee.

Solicitor Advocate (Higher Courts Civil and Criminal Proceedings), 2010

Postgraduate Diploma in Legal Practice, 2003-4

Postgraduate Diploma in Law, 2002-3

MA, Modern History, Oxford University, 1999-2002

Mark Cooper

Partner

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