Damien Byrne Hill
Partner, dispute resolution, London
Damien leads Herbert Smith's banking litigation practice. His experience spans a wide range of contentious issues facing international banks, private equity houses and other financial institutions. He has recently advised on disputes concerning corporate finance transactions, investment advice, fund management, securities trading, project finance, private equity investment, enforcement of security and structured finance.
He trained with Herbert Smith in London and spent five years in the firm's Hong Kong office in the wake of the Asian financial crisis. He was promoted to partner in 2000.
He has acted in some of the most high profile cases of the last decade including the defence of Goldman Sachs in the claim brought against it by IFE, the defence of the Virgin Group in its dispute with T-Mobile and for Rabobank in Enron-related proceedings against Royal Bank of Canada. He is currently acting in a number of proceedings arising out of the financial crisis which are likely to be important precedents in developing areas of the law.
In addition, Damien has advised on company and commercial disputes in London and Asia across a wide range of industries and professions both in the context of High Court litigation and international arbitration.
- Royal Bank of Scotland in its successful application for summary judgment against Highland Financial Partners LP in respect of a failed CDO warehouse and in defeating Highland's subsequent appeal
- Goldman Sachs in successfully defending a claim by a mezzanine investor fund alleging misrepresentation in relation to the Information Memorandum issued on syndication of the investment
- Rabobank in a dispute with Royal Bank of Canada which arose in the context of a highly complex structured finance arrangement for Enron and involved parallel proceedings in London and New York
- the Virgin Group in its successful defence against a claim by T-Mobile concerning their joint venture, Virgin Mobile
- First Investments and others in a claim against US investment manager, Trust Company of the West, in respect of investments in mortgage-backed securities
- IMG in arbitration proceedings against Tom.com in respect of an agreement to sponsor the Chinese National Football League
- investors in an Asian infrastructure fund in proceedings brought against them by the liquidators of Peregrine Investments Holdings Ltd
- the United States Securities & Exchange Commission in obtaining evidence in Hong Kong for use in insider dealing and fraud proceedings