The Crypto in Disputes Forum - 3rd Annual

Stephen Palley is a litigation partner and co-chair of Brown Rudnick’s Digital Commerce group. Stephen is a seasoned litigator with over 20 years of extensive courtroom experience litigating and trying complex commercial matters. He has deep technical and U.S. regulatory knowledge, particularly in the digital asset space, and assists clients working on the frontiers of technology, including on deal work for blockchain and other technology enterprises. He is also a fellow of the American College of Coverage Lawyers, and uses his insurance knowledge and experience to advise clients on insurance coverage matters related to technology and other risks. Stephen has written extensively and been quoted widely on legal issues arising from the use of Blockchain technology, with appearances in both print and television media. He is an editor of the International Journal of Blockchain Law (IJBL), a law journal launched in November 2021 to help non-legal communities better understand Blockchain applications and digital assets. Before joining Brown Rudnick, Stephen founded his prior law firm’s Technology, Media and Distributed Systems Practice Group in 2017, which he also chaired. He serves as an outside general counsel to technology and media startups and as a trusted advisor to established businesses across a range of industries, with a focus on securities and financial regulatory law.

Carmel King is a Director in Grant Thornton UK’s Insolvency and Asset Recovery team, specialising in investigations, asset tracing and recovery actions for clients who have suffered a financial loss as a result of fraud. Carmel has a particular interest in cryptoasset fraud investigation and recovery strategies, and leads this practice area for the team. The practice combines blockchain analytics with corporate intelligence and digital forensic techniques to conduct investigations, alongside insolvency proceedings, court-appointed receiverships, other civil procedures and litigation funding to formulate legal claims and enforce judgements. She regularly presents on the topic and has published numerous articles.

Carmel is the Co-Chair of INSOL Europe’s Anti-Fraud Forum and the Vice Chair of CFAAR, the Crypto Fraud and Asset Recovery network.

Henry Farris is a partner in the litigation and arbitration team at Withersworldwide.

He has a broad commercial litigation practice, working on complex disputes in the financial services, banking and corporate sectors, often with an international or multi-jurisdictional element.

He has particular expertise in (i) disputes arising out of the private equity and investment fund sectors; (ii) brokerage and capital markets disputes (iii) disputes relating to banking services and (iv) shareholder and company claims.  He also has significant recent experience advising on disputes relating to cryptoassets and digital payment services.

Darragh is a much sought-after commercial barrister combining approachability with sensible, pragmatic advice and effective advocacy. 

He has a busy commercial litigation practice with specific emphasis upon insolvency and asset recovery, civil fraud, contractual disputes and company law.

Darragh is at the forefront of developing the law in respect of cryptoassets. In this area, he has been consistently ranked in Band 1 of Chambers UK bar directory and Tier 1 of the Legal 500 Bar directory. He has appeared in many significant cases in this area, including AA v Persons Unknown [2019] EWHC 3556 (Comm), [2020] 4 W.L.R. 35, [2020] 2 All E.R. (Comm) 704 where the Commercial Court held that digital assets such as Bitcoin could constitute property for the purposes of English law.

He is frequently instructed in the Business and Property Courts in respect of complex claims concerning transactions at undervalue, breaches of directors’ duties and shareholder disputes.

Prior to joining the Bar,  Darragh worked for Goldman Sachs in London where he was involved in benchmark debt and equity capital markets transactions. His background brings particular understanding of financial businesses and products.

Ali is a founding associate of AS Legal Consultants, a boutique firm with full rights of audience in all courts of the UAE, and with multiple sector focusses. Called to the Bar of England and Wales in 2015, and now a solicitor of the Senior Courts of England and Wales, Ali leads on web3, AI and cybersecurity matters – both contentious and non-contentious – across the firm and operates the corporate governance offering through their partner firm, Senebria. His regulatory focus is on emerging technologies across the UK, Europe and the UAE, and he sat on the focus groups for the development of VARA in December 2022.

He focuses his practice on complex (and often international) commercial litigation, arbitration and investigations involving allegations of fraud or dishonesty. He acts for both Claimants and Defendants in those matters.

Chris has particular expertise in both contentious and non-contentious matters involving digital assets (including NFTs) and also cyber security (including both incident response and related disputes). He advises on global asset recovery strategies and the management/co-ordination of parallel litigation in multiple jurisdictions (including where injunctions and disclosure orders are required). Many of these cases involve parallel criminal investigations and processes in other jurisdictions.

He was part of the team that served proceedings by NFT in Osbourne v Persons Unknown, and regularly acts for victims of cyber enabled fraud.

Chris joined Kingsley Napley in July 2023 and was listed in the Legal 500 for Commercial Litigation mid market (2021 and 2022) and Civil Fraud (2021).

Alex is a Partner in our London litigation group with extensive experience of domestic and international cases.

In the past four years he has conducted cases across seven jurisdictions with over US $9bn in contention. With a focus on pursuing or defending assets in complex civil fraud situations, Alex has pursued his clients’ interests in the UK, BVI, Cayman, Cyprus, Hong Kong, Switzerland, Gibraltar, France, Spain and multiple U.S. states.

Stephen is a partner in the Restructuring & Insolvency team. He advises lenders, corporates, directors, investors, insolvency practitioners and other key stakeholders in a range of domestic and cross-border restructuring and insolvency circumstances.  He has a mixed contentious and non-contentious practice, specialising in the technology, financial services and real estate sectors.  

Laura Douglas specialises in in advising financial institutions and other market participants on financial markets regulation, with a particular focus on payments and FinTech regulation, regulatory aspects of structured financing transactions and the implementation of regulatory reform measures. Laura also has expertise in advising on regulatory perimeter issues, regulatory licensing, post-trade activities including clearing and settlement services, and M&A involving financial institutions.

I am a partner and co-head of our International Dispute Resolution Group, as well as the London team.

I specialise in complex disputes, often of a cross border nature, and have particular expertise in the aviation & defence sector, commercial life science, and in matters involving fraud.

Heading-up Bird & Bird's fraud team, I have considerable experience in obtaining urgent remedies both in the UK and overseas to trace and preserve assets, asset recovery and in the recovery and protection of trade secrets. Fraud is not sector-focused and can hit businesses when and where they least expect.

Simon specialises in online financial services, e-commerce, IT, SaaS, privacy, personal data, cryptoassets, smart contracts and AI. His clients include e-money and payment services providers, consumer credit lenders and brokers, online peer-to-peer finance platforms, retailers, marketplaces and data providers. Simon is highly experienced in his field and has consulted as in-house payments counsel to WorldPay and Amazon.com.

Graham has practised commercial law in Manchester for over 30 years and in that time has handled most forms of commercial disputes. He has held positions of Managing and Senior Partner whilst always maintaining an active case load.

He handles complex commercial disputes including applications for urgent interim relief, professional negligence claims and shareholder disputes. His present cases include shareholder disputes in values of up to £200m. He works with international lawyers in cross border disputes as well as dealing with disputes governed by arbitration (where English law is applicable) and has recently handled significant disputes involving ship building and an international agency agreement in the Middle East.

He acts on contentious insolvency matters including claims against directors under the Insolvency Act. His work increasingly involves allegations of fraud and dishonesty and often in regulated industries and professions. He regularly receives instructions from Insolvency Practitioners who are involved in commercial disputes. 

Ioanna is a PhD student in law at King's College London. She also serves as a Senior Editor of the King's Student Law Review.

Ioanna holds an LLM with a business specialisation from the University of California, Los Angeles (UCLA), an LPC/MSc from the University of Law, Bloomsbury and an LLB from the University of Warwick. She is a qualified lawyer in Cyprus, registered with the Cyprus Bar Association.

Ioanna's research aims at drawing conclusions and offering suggestions as to the potential regulatory framework that the UK should adopt to facilitate and support DAOs' application in the corporate world. More specifically, her research will delve into a comparative study between DAOs' and corporate governance, aiming at drawing conclusions as to the true governance benefits and implications of DAOs. In addition, her research aims at evaluating the legislature attempts of the EU, Switzerland, USA and a few other relevant jurisdictions in recognising DAOs.

Marcus is a leading telecoms and technology specialist.

Having spent over a decade advising technology, media and telecoms clients in Europe, Australia and the Middle East – including significant time in-house at a telco – he is well versed on the intricacies of these industries, the technical and commercial challenges they face and how to help his clients succeed.

He has a wealth of experience handling complex telecommunications and technology commercial arrangements relating to the delivery of next-generation networks and digital infrastructure. He has also worked on industry-shaping arrangements including a Europe-wide tower demerger, national telecommunications infrastructure carve-outs, fibre network build and wholesale services arrangements, subsea cable systems, smart city implementation projects and significant technology procurement and outsourcing agreements.

Laura has expertise in a wide range of business, commercial and contractual disputes such as SPA, warranty, agency, supplier and franchisee disputes.

She specialises in unlawful competition practices, business diversion & economic torts involving for example breaches of confidence, directors and fiduciary duties, poaching, post termination restrictions, inducement, conspiracy & deceit;  and in intellectual property disputes (trade mark infringement/passing off/brand protection).

Sivan is a Partner in the Dispute Resolution division in London and works predominantly within the finance disputes team. He specialises in complex finance, FinTech and financial crime related litigation.  He has developed both advisory and contentious experience in multi-jurisdictional matters relating to derivatives trading, prime brokerage agreements, facility agreements, hedging agreements, structured finance transactions and trade finance instruments.  In addition to his FinTech/finance related work, Sivan advises on matters relating to litigation financing and funding.  Sivan also regularly advises on general commercial cases and has worked with clients on claims involving fraud, negligence and contractual disputes. Sivan has dealt with claims all the way from the County Court through to the High Court, Court of Appeal and Supreme Court.

Andrew is an experienced solicitor specialising in banking and finance litigation, asset based lending and alternative finance lending, cryptocurrency asset recovery and commercial litigation. In addition, Andrew has extensive experience of dealing with complex commercial and crypto asset recovery litigation. He works alongside leading asset recovery experts to ensure quick, commercial and pragmatic steps are taken to assist victims recover their misappropriated assets. Andrew is a member of the Shoosmiths' crypto working group. 

Stephen is an experienced commercial litigator, with a particular focus on financial services and banking related disputes, and contentious regulatory matters. He has extensive experience acting for a variety of financial institutions, including hedge funds, brokers and investment managers. Stephen also has significant experience of professional negligence matters, involving professionals in a number of disciplines. He also regularly advises on a broad range of pensions related disputes.

Stephen has expertise in all forms of regulatory investigations and litigation – he regularly advises clients subject to investigation by the FCA. In addition to High Court trial experience, he often works with clients to resolve disputes through mediation and other forms of alternative dispute resolution.

Stephen’s experience working with financial institutions includes both in-house and private practice. Prior to joining CYK, Stephen worked in-house at a global derivatives broker-dealer, where he was responsible for litigation and contentious regulatory matters across the European business. These included, for example, significant disputes in relation to FX, equity and commodity derivatives, both exchange-traded and OTC, and involving counterparties, regulators and exchanges. Stephen particularly enjoys cases involving complex financial instruments and market conduct issues where his product knowledge acquired in-house is valuable.

Jonathan has acted in a wide range of international and domestic commercial disputes, with particular experience of banking and financial services litigation (and regulatory investigations) and litigation arising in the context of corporate restructurings and other insolvency proceedings.  He also specialises in the conflict of laws and jurisdiction.

Flavia specialises in international commercial law, fraud, and cutting-edge technology such as Blockchain, AI, Web3, FinTech, smart legal contracts, and digital trade.

Her practice combines years of trial experience and advocacy with deep knowledge and understanding of the technology. This has made her a sought-after advisor and legal strategist for traditional companies, start-ups, and SMEs, as well as blockchain-based businesses, DAOs, public, and private institutions, governmental and non-governmental institutions.

Flavia heads the legal consultancy at the think-tank Big Innovation Centre in London and has given evidence to Parliament at the All-Party Parliamentary Group (APPG) on Blockchain adoption into industry and the legal challenges.

Flavia has been recognised as a leading barrister by acclaimed legal directories, Chambers & Partners, and The Legal 500 for the past decade. In the 2024 rankings Flavia was placed in Tier 1 for Crypto-assets and Blockchain and Tier 3 for Crime (General and Fraud).

Flavia is accredited to receive instructions directly from the public under the Public Access scheme and can be instructed in both contentious and non-contentious legal tech matters. For further details please contact her via the details listed above.

Philippe has an international practice specialising in cross-border commercial and construction & energy disputes.

He regularly appears as counsel in international commercial disputes in the Commercial Court and Chancery Division in London, international arbitration and offshore jurisdictions (including the BVI and Gibraltar). In particular, civil fraud, banking & financial services, award enforcement, jurisdiction, energy, construction, insolvency and company disputes.

He is ranked as a Rising Star (Tier 1) in Banking & Finance at the UK Bar by The Legal 500 (2024 edition).

Musonda Kapotwe has extensive transactional experience advising on the impact of UK financial services regulation on banking, capital markets and derivative transactions. 

As an in-house lawyer at two large financial institutions, she has also advised a range of stakeholders, including the board and senior management, on large-scale, cross-border regulatory implementation projects, including Brexit, client assets, recovery and resolution, prudential regulation, regulatory capital and outsourcing. 

Richard Salter is regarded as one of the leading commercial silks at the bar -  ‘A very considerable presence in court .. a very powerful advocate and a good cross examiner’ .. ‘He has the ear of the court .. [and] .. ‘a wonderful command of the case, expertly handling the facts, the nuances, the contours and the evidence.".. “He has seen it all before and has fantastic authority" .. "He is terrific”.. “Highly respected .. A very safe pair of hands”. (Chambers & Partners Guides 2014 to 2023)

Richard’s practice covers all aspects of commercial litigation and arbitration, including civil fraud.  He is equally at home making legal submissions before the highest courts as he is conducting long, fact-heavy trials and arbitrations - ‘Brilliant at unravelling the most complex deal and identifying the key legal issues’, ‘A man for the most difficult appeals’ (Legal 500, 2016).

Jonas is a Senior Associate at Enyo Law and has experience of handling complex and high-value international commercial and investment arbitration, with a particular focus on construction, energy, crypto and shareholder/JV disputes. He also has extensive experience in commercial litigation. Jonas has recently been leading (with Tim Elliss) on a significant crypto dispute, which made new law in the Court of Appeal in relation to unfair prejudice claims and derivative actions.

Jonas is dual-qualified in France and England & Wales. He studied Law at Assas-Paris II University, graduating with a distinction, and then completed a Master’s degree in International Private Law and International Commercial Law from Sorbonne-Paris I University. As part of his Master’s degree, Jonas studied Law at University College London.

Sam live in the British Virgin Islands, working for Grant Thornton's Insolvency, Restructuring, Asset Recovery & Forensics team. Sam primarily deals with contentious insolvency matters, multi jurisdiction litigation, fraud investigation, asset tracing, and the realisation of complex and illiquid assets.

Sam is also the GT Offshore Manager for the BVI office, being the first point of contact for all other GT offshore offices and presenting BVI updates to the rest of the firm. Sam has also become a Director for RISA, the Recovery and Insolvency Specialists Association in the BVI.

I am a senior associate in our Dispute Resolution team in London, advising our clients on contentious matters, with a special focus on complex fraud and investigations work (often with a cross-border element) across a number of key sectors including life sciences and energy & utilities.

I have been involved in a wide range of High Court litigation, damages enquiries and appeals to the Court of Appeal. I have also been involved in a number of arbitrations (ICC, LCIA and ad-hoc), many of which involved legal issues arising out of complex technical contracts.

I regularly advise on ancillary relief applications including disclosure orders and injunctive relief both in England and abroad. I have obtained third party disclosure orders in England and other jurisdictions and successfully used the material obtained to follow and recover dissipated assets. I am well versed in the enforcement of English and foreign judgments and arbitral awards (including challenges thereof).

A number of my cases involve complex trust structures or company structures used in an attempt to conceal frauds or the dissipation of assets. I regularly advise clients on allegations involving breaches of fiduciary duties, unlawful means conspiracy, allegations of bad faith, conspiracy to defraud and breaches of trust.

I have been involved in a number of investigations including contracts procured by fraud, misappropriation of trade secrets and confidential information, allegations of corruption/bribery as well as regulatory investigations commenced by the Financial Reporting Council, the Tax Disciplinary Board and the Institute of Chartered Accountants of England and Wales.

As an engineer, I take a particular interest in complex disputes in life sciences and those that require a deep technical understanding and industry knowledge. Due to my understanding of the industry, I am able to grasp technical contracts or issues quickly and am able to offer creative problem solutions or ideas to obtain the best result for our clients. Before joining the team at Bird & Bird, I studied at a Higher Technical School for Industrial Engineering in Vienna, Austria. Later, I trained with Bird & Bird and was seconded to our Brussels Competition team before qualifying in 2014.

I have been recognised as a Rising Star in Civil Fraud Legal 500 as well as a Key Lawyer in Commercial Litigation: Premium as well as a Key Lawyer in Commercial Arbitration. I also sit on the Committee of the Female Fraud Forum.

Nik Yeo is a highly experienced trial and appellate advocate in litigation and arbitration.

Directories describe Nik as a “powerful and persuasive advocate”. His diverse practice includes fraud, fintech and finance. He frequently litigates and advises on “smart contracts”, cryptocurrencies and other tech disputes, financial regulation, private equity, leveraged financing and shareholder disputes. He is particularly strong in professional negligence – from disputes arising out of the complex valuation of securitised shopping centres to claims against solicitors, barristers and bankers. Nik is also experienced in insurance, reinsurance, art, and energy.

Nik has been instructed in many of the largest and most complex structured finance and derivative cases from the global financial crisis, including representing Lehman Bros Inc, RBS, Goldman Sachs and HM Treasury in the bank bailout scheme. He is regularly consulted on questions of legal professional privilege, conflict of laws and jurisdiction.

A former solicitor with a magic circle firm, he understands the demands and requirements of corporates and entrepreneurs.

Nik was awarded “Technology, Data & Crypto Junior of the Year” at The Legal 500‘s Bar Awards (2023), “Professional Negligence Junior of the Year” at the Chambers & Partners Awards (2016) and he was previously named “up-and-coming Star at the Bar” by Legal Week.

Helen specialises in general commercial litigation, civil fraud, contentious insolvency and company law issues, and professional negligence.

Her practice has a strong international element with expertise in jurisdictional disputes and conflict of law issues, including as they arise at an interim stage in applications for worldwide freezing orders and service out applications or on the substantive claim, and in the cross-border insolvency context.

Helen is a member of Chancery Bar Association, Commercial Law Bar Association, Thought Leaders 4 Fraud, Insolvency, Recovery and Enforcement and the Female Fraud Forum.

Helen is also on the committees of the Tech Disputes Network, the pre-eminent forum for legal professionals working in the field of crypto, digital assets and other tech disputes. She is also an elected member of the Female Fraud Forum’s Social sub-committee.