Jeremy Kosky
Partner
Jeremy Kosky, a partner and the Head of Disputes in WilmerHale's London office, brings more than 35 years of experience in high-stakes and business-critical international commercial litigation, with cases taken to trial in England, France, Italy and Luxembourg, as well as offshore jurisdictions including, the Cayman Islands, Bermuda, BVI and the Channel Islands. He frequently takes the strategic lead on complex and sensitive matters involving reputational exposure, governance breakdown and fiduciary risk. He has been ranked by Chambers UK for 18 consecutive years, recognized individually in both Commercial and Corporate Litigation and Private Wealth Disputes.
Mr. Kosky has extensive experience acting for private capital sponsors, financial institutions, corporates and family offices in relation to investments which have suffered severe losses, assets held in complex structures both onshore and offshore, and both civil and criminal claims. Many of his cases have involved alleged breaches of fiduciary duty, corporate governance and shareholder claims, claims in the pharmaceutical sector and criminal claims, such as fraud, tax evasion and fraudulent bankruptcy. His sub-specialties include advising private capital sponsors on big-ticket disputes such as dividend recaps, including claims of fraudulent conveyance and claims under Section 423 of the Insolvency Act 1986, as well as unfair prejudice and derivative claims and economic torts such as unlawful means conspiracy.
Mr. Kosky joins WilmerHale from another international law firm, where he focused on cross-border disputes and crisis advisory for private capital sponsors, corporate boards, principals and family offices, practising as a partner for over 25 years. He is also well known for his ability to negotiate settlements persuasively for his clients, recently enhanced by qualifying as a mediator, accredited with the Civil Mediation Council (CMC) and appointed to the Abu Dhabi Global Market (ADGM) pro bono mediators panel and the Dubai International Financial Centre (DIFC) Courts Panel of Mediators.
Experience
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- Defended an investment management firm against claims by a former executive asserting a perpetual interest in the business, securing a trial victory.
- Defended a mining company in split trials on liability and damages arising from a commercial dispute with a business counterparty.
- Advised a beneficiary of an offshore trust in litigation involving an attempt by a family member to revoke a $2 billion trust on grounds of undue influence and abuse of confidence, ending with settlement during the course of an eighteen months' trial.
- Defended a global investment bank's trust business against allegations of grossly negligent breach of trust, resolving the matter during the course of a nine months' trial.
- Defended a global asset manager against claims by investors alleging breach of contract and misrepresentation in connection with a real estate investment fund, securing summary dismissal of claims valued near £1 billion.
- Defended a hedge fund firm against claims of mis-selling complex financial products, resolving the matter shortly before trial.
- Advised an institutional trustee in connection with claims that trust assets were subject to an unwritten partnership, resulting in settlement.
- Advised a trustee on unprecedented changes to a trust and its subsequent approval by an offshore court.
- Defended a UK pharmaceutical company against claims of economic duress and intimidation brought by a US competitor, resolving the matter after a heavy trial lasting eight weeks.
- Defended a private capital sponsor against claims under insolvency law alleging fraudulent conveyance, securing withdrawal of the claims with indemnity costs during trial.
- Defended a corporate director and offshore trustees against claims for breach of fiduciary duty and knowing receipt relating to an offshore investment fund.
- Advised directors of a global industrial business headquartered in the US in connection with a threatened derivative claim brought by minority shareholders, resulting in settlement.
- Advised beneficiaries of high-value trusts in a US dispute over a sibling's beneficiary status, including questions of DNA testing, resolving the matter through settlement.
- Advised a global freight forwarding business in relation to claims against the sellers of a UK business with inflated financial statements.
- Advised a trustee and a high-net-worth individual in a shareholder dispute involving an emerging markets hedge fund business, securing a successful outcome at final arbitral hearing.
- Advised a global bank seeking to enforce a debt in Mauritius and litigating the matter through the appeal courts to the Privy Council in London.
- Advised directors in defending civil and criminal proceedings in Italy arising from a company's business collapse, securing successful outcomes at trial and on appeal.
- Advised a telecommunications company in successfully defending claims for breach of duty of good faith and collusion, with the trial court's judgment upheld on appeal.
- Advised a corporate client defending a double-derivative claim threatened by a minority shareholder but injuncted from proceeding with the claim by one of the offshore courts.
- Advised a corporate client and its UBO in defending against claims both in the US and the UK for multiple breaches of a software licence brought by a global technology company.
- Advised a high-net-worth individual in connection with his role as CEO of a global business and its ownership, management and control and the terms of sale of the business and sharing of net sale proceeds between him and other members of his family.
- Advised a family in relation to their global pharmaceutical business interests in the face of multiple law suits in the US.
- Advising a high-net-worth individual bringing claims for breach of trust against an offshore trust business.
- Advising a bank trustee in relation to a complex trust restructuring.
- Advising members of a board of directors defending claims for breach of fiduciary duty in the context of a minority shareholder's claims of unfair prejudice.
Recognition
- Ranked by Chambers UK for 18 consecutive years in Commercial and Corporate Litigation and Private Wealth Disputes.
- Recognized as a "Leading Partner" in The Legal 500 UK for Commercial litigation: premium and "Hall of Fame" status for Contentious Trusts and Probate.
Insights & News
Credentials
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Education
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LLM, Advanced Litigation, Nottingham Law School, 1998
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LLB, University of Manchester, 1989
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Admissions
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England and Wales
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Bermuda
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Credentials
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Education
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LLM, Advanced Litigation, Nottingham Law School, 1998
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LLB, University of Manchester, 1989
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Admissions
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England and Wales
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Bermuda
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