TL4
Virtual

Sham: Coulda, woulda, shoulda - rainy days and trusts from the bottom drawer

29 Sep 2021

Location: 3.00pm - 4.00pm UK Time Virtual Event (Zoom)
Members: FREE - Book by 29 Sep
Non Members: Become a Member above and Register for FREE - Book by 29 Sep

Sham: Coulda, woulda, shoulda - rainy days and trusts from the bottom drawer

Highlights

Specialist and niche. Spend an hour drilling down into Sham and its intricacies:

  • What is a sham?
  • What types of sham are there?
  • How do you identify shams? 
  • What kind of forensic evidence can assist?
  • Whose intention is relevant?
  • What are the remedies? (s 423 claims v allegations of sham)

 

Your Expert Speakers include:

Rachael Earle
Barrister
Wilberforce Chambers

Rachael Earle
Rachael Earle Barrister
Wilberforce Chambers
Mark Fennessy
Partner
McDermott Will & Emery

Mark Fennessy focuses his practice on contentious and non-contentious restructuring and insolvency matters. He has particular experience in multifaceted group collapses and global insolvency issues. He has been involved in a number of high-profile assignments for banks, funds and various strategic parties.

Mark has advised on a number of complex cross border matters for creditors (including direct lenders and distressed debt funds) and sponsors and is highly skilled in the restructuring of complex structures and an expert in special situations. He has also actively led a number of complex litigation matters and has significant experience in the investigation of complex fraud cases, multijurisdictional disputes, anti-avoidance/antecedent transaction advice, corporate investigation and analysis, asset tracing, international enforcement and the development of litigation strategies.


Mark Fennessy
Mark Fennessy Partner
McDermott Will & Emery
Elizabeth Mason
Supervising Associate
Simmons & Simmons

Elizabeth is a dual qualified Supervising Associate in the Litigation & Arbitration group of Simmons & Simmons LLP, with a focus on insolvency disputes. She has advised on a range of commercial disputes.

Elizabeth is also a Committee Member of the Junior London Solicitors Litigation Association (JLSLA), an organisation which represents the interests of over 1,300 junior (up to 8 years’ PQE) litigators practising in London, and which provides civil and commercial litigators working at the centre of UK and international litigation with an active forum for sharing and exchanging views, networking, learning and influencing legislation.

In addition, Elizabeth sits on the London Solicitors Litigation Association (LSLA) Pro Bono sub-committee, which aims to raise the profile of pro bono causes.

Prior to her relocation to London, Elizabeth was a lawyer in the commercial disputes group of Henry Davis York (Sydney). She has been instructed to appear in the Local, District, Supreme and Federal Courts (in Australia). Elizabeth has experience in complex corporate insolvency litigation, directors and officers duties, professional negligence claims, commercial and regulatory disputes.


Elizabeth Mason
Elizabeth Mason Supervising Associate
Simmons & Simmons
Daniel Lewis
Barrister
Wilberforce Chambers

Daniel practices in the fields of restructuring and insolvency, company law and commercial dispute resolution, including arbitration.

In both the insolvency and company law fields he is highly experienced in bringing and defending claims against directors, including claims for misfeasance / breach of duty, asset recovery cases and disqualification proceedings.  He regularly acts on claims against directors arising from participation in tax schemes and tax evasion.

His insolvency practice has a particular emphasis on cases with an international element, particularly offshore asset recovery cases.

In the company law field, he is frequently instructed on cases concerning minority shareholders’ rights and disputes over the control of companies (including petitions under section 994, just and equitable winding up and derivative actions).

He undertakes a broad range of commercial litigation, with experience of arbitrations under the LCIA, HKIAC and SCC Arbitration Rules.

He has particular experience advising and acting in cases engaging issues of compliance with FCA (and equivalent offshore regulators) requirements, including advising upon on collective investment schemes, claims management companies, debt management companies and the regulation of investor funds.

He is a member of the R3 Fraud Group Committee which makes recommendations for reform and helps R3 respond to government consultations on fraud issues.


Daniel Lewis
Daniel Lewis Barrister
Wilberforce Chambers

Agenda

2.55pm
Audience Log-on
3.00pm
Chair's Opening Remarks
Speakers:
Mark Fennessy - Partner - McDermott Will & Emery
3.05pm
Coulda, woulda, shoulda - rainy days and trusts from the bottom drawer
Speakers:
Mark Fennessy - Partner - McDermott Will & Emery
Rachael Earle - Barrister - Wilberforce Chambers
Elizabeth Mason - Supervising Associate - Simmons & Simmons
Daniel Lewis - Barrister - Wilberforce Chambers
3.45pm
Panel Q&A
4.00pm
Chair's Summary & Close of Event
Speakers:
Mark Fennessy - Partner - McDermott Will & Emery

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If you are interested in this event and would like some more information before making your decision to attend please contact Paul on +44 2071 014155 or email paul@thoughtleaders4.com