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Friday, April 26, 2013 2:28:04 PM
By the way Susman Godfrey just won a $700 Million case:
BIG SUSMAN GODFREY WIN FOR
OPPENHEIMERFUNDS
OppenheimerFunds was granted summary judgment on
a claim for over $700 million brought by a group of
banks. The banks—through subsidiaries—invested over
$1 billion in a special-purpose vehicle called AAArdvark
Funding Limited IV, which was managed by
OppenheimerFunds. The banks claimed that
OppenheimerFunds committed fraud and breached
various provisions of the relevant contracts in order to
induce the banks to continue funding during 2007. The
banks sought over $700 million from
OppenheimerFunds.
Today, New York State Supreme Court Justice Charles
E. Ramos granted OppenheimerFunds’ motion for
summary judgment and dismissed the claims. The
ruling is particularly significant because similar suits,
making almost identical allegations, have been filed over
two other “AAArdvark” vehicles. In total, the damages
sought in these cases potentially exceeded $2 billion.
OppenheimerFunds has contended that any alleged
problems with the management of the AAArdvark
vehicles did not result in any losses for the banks. The
AAArdvark vehicles were designed to allow large
commercial banks to arbitrage the difference between
commercial paper interest rates, which prior to the
financial crisis commercial banks could issue for very
low rates, and the interest rates paid on longer term
AAA-rated bonds. During late 2007, the commercialpaper market suffered a historic dislocation that altered
the financial calculus of the deals. OppenheimerFunds
has contended that the banks were using alleged
technicalities to get out of deals.
OppenherimerFunds is represented by Stephen D.
Susman, Harry Susman, Kathryn Hoek, Joseph Portera,
Seth Ard, and Jacob Buchdahl of Susman Godfrey.
The banks involved in the AAArdark IV transaction are
Bank of Nova Scotia, HSBC, and National Australia
Bank. The banks are represented by Kasowitz, Benson,
Torres & Friedman, LLP and Phillips Lytle LLP.
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