Marc Keidan - Partner
Marc co-founded Cooke, Young & Keidan together with Gerald Cooke and Philip Young in January 2009. He is recognised as a leading commercial and corporate litigation lawyer in London and has many years of experience in acting on complex business related disputes. Marc has a track record of successfully advising on and running high value matters including breach of contract claims, partnership and shareholder disputes and civil fraud cases. He also handles professional negligence actions, predominantly acting against investment managers and law and accountancy firms.
Marc presently has a particularly active practice in the field of banking and finance and "credit crunch" disputes. Related to this, Marc often advises and acts for hedge funds and other sophisticated investors, in high stakes litigation against investment banks and frequently with an international dimension. In addition, Marc has considerable experience in acting for businesses in complaints against, and disputes with, the banks, including in particular in relation to the mis-selling of interest rate protection products.
Marc has substantial High Court trial experience, as well as expertise in assisting clients to resolve disputes through mediation and other forms of ADR.
What the legal directories say
Marc is ranked as a leading lawyer in the Chambers and Partners Guide (2012 edition), in both the banking litigation and commercial litigation categories. That directory praises his "excellent judgment" and commends him for looking to "figure out the end goal and how best to get there" as well as for being "extremely attentive and well informed".
The Legal 500 Guide (2011 edition) observes that Marc "positions a case such that the other side finds settling to be a far better solution than risking court". The World Finance Legal Awards 2012 named Marc as Best Lawyer, UK (WorldFinance).
Background
Marc obtained a First Class Honours degree from Manchester University and was awarded a distinction in the Legal Practice Course undertaken at the College of Law, London. He then trained with the international law firm, Simmons & Simmons, before joining the dispute resolution group of City firm Theodore Goddard upon his qualification as a solicitor in 1999. During his time with Theodore Goddard (subsequently Addleshaw Goddard after a merger) he acted for a number of blue-chip clients, both domestic and international, on various contentious matters, including complex High Court commercial cases. In January 2009 Marc co-founded Cooke, Young & Keidan. Throughout his time at Cooke, Young & Keidan, Marc has continued to act on substantial and heavyweight commercial and financial litigation.
Cases of note
Typical examples of Marc’s cases are those which have been the subject of the following reported judgments.
RBS -v- Highland Financial Partners LP & Ors [2010] EWHC 3119 (Comm) - a widely commented upon judgment in a banking litigation case relating to a failed CDO issue which terminated in late 2008. The bank was subjected to strong judicial criticism for conducting a “sham” auction of leveraged loans and was found to have deceived its counterparty, our hedge fund client; the judgment includes discussion of issues relating to the bank’s breach of its equitable mortgagee duties and the valuation of financial assets.
Deutsche Bank AG and another -v- Highland Crusader Offshore Partners LLP and others [2009] EWCA Civ 725; [2009] WLR (D) 254 - a leading Court of Appeal authority in relation to the grant of anti-suit injunctions. The hedge fund, for which the firm was acting in respect of its defence of a US$ 70 million claim, was successful in overturning the grant of an injunction which was preventing it from continuing its fraud proceedings commenced against the bank in Texas.
A -v- B & Ors [2007] EWHC 54 (Comm) (23 January 2007) - a substantial Commercial Court case arising out of a fraud claim and trusts dispute, concerning an award of indemnity costs against a party where court proceedings were commenced in breach of an agreement to resolve disputes through arbitration.
Dadourian Group International Inc -v- Simms and Others [2006] EWCA Civ 399 - a Court of Appeal decision in a substantial fraud case, concerning the exercise of the court's discretion to permit a party to enforce a worldwide freezing order in a foreign jurisdiction.
Gregg & Co. (Knottingley) Ltd. & Anor -v- Emhart Glass Ltd. [2005] EWHC 804 (TCC) - a Technology & Construction Court case concerning the supply of defective industrial equipment.
Professional groups
Marc is a member of The City of London Solicitors Company, the Law Society of England and Wales, the London Solicitors Litigation Association, the Commercial Litigation Association, the Financial Services Lawyers Association and the Young International Arbitration Group.