Robin A. Henry

Some of the world’s largest financial institutions, insurance companies, and businesses turn to Robin Henry in connection with their most complex commercial and financial disputes. Robin is an experienced and effective advocate for plaintiffs and defendants, both inside and outside the courtroom.

Robin’s practice encompasses a diverse range of matters, including securities litigation, M&A disputes, financial fraud, asset recovery, attorney and auditor malpractice, tax fraud, and claims of improper tax treatment. Robin has extensive experience with a broad array of financial products, including primary market life insurance products, mortgage-backed securities, CLOs, CDOs, currency and credit default swaps, asset-backed commercial paper, and financial insurance on structured products.

Robin also regularly works with clients to minimize disputes before they materialize by providing strategic counseling and advice on the mitigation of litigation risk. Clients engage Robin to handle litigation due diligence in transactions where potential litigation exposure drives a component of value. Robin’s business-centric approach includes gaining a deep understanding of the sectors in which her clients operate. Her focus is always helping her clients achieve their near-term and long-term business objectives in an efficient and cost-effective manner.

Prior to joining Fried Frank, Robin was a partner at an international law firm.

Robin represents clients in some of their most high-profile cases. Matters that she has led or co-led in recent years include:

• Representation of an international financial institution in out of court discussions regarding claims of economic impossibility or material adverse change under an acquisition agreement governed by non-US law.
• Representation of an international bank in a dispute concerning responsibility for the underpayment of stamp duty reserve tax to Her Majesty’s Revenue and Customs of the UK associated with the conversion of ADRs.
• Representation of multiple hedge funds in relation to claims under the settlement of RMBS litigation and the proper distribution of settlement funds under the governing waterfall.
• Representation of an international bank in connection with client’s right to payments under a swap agreement on an underlying CLO.
• Representation of a multi-national insurer in tax refund litigation against the federal government regarding the propriety of foreign tax credits claimed in connection with a series of foreign borrowing transactions.
• Defense of an attorney malpractice action at trial; the case was successfully resolved at the conclusion of the second day of jury deliberations.
• Representation of an international bank in multiple litigations and government-facing proceedings relating to its investment in an asset-backed commercial paper conduit.
• Representation of an international bank in connection with an internal investigation regarding the structuring of CLOs, including proffers to the federal government which resulted in no charges being brought against the bank.
• Representation of monoline insurer in connection with policies issued on an array of structured products, including mortgage-backed securities and CDOs.
• Representation of one of the largest trust services providers in litigation relating to billions of dollars of mortgage loan repurchase claims.
• Representation of a liquidating hedge fund in connection with litigation against its dealer counterparties. Obtained the first published opinion in the US interpreting the market quotation provision of the ISDA Master Agreement. Recovered hundreds of millions of dollars for the hedge fund’s creditors.
• Representation of a Big Four accounting firm in multiple litigations concerning its audit work for a former client.
• Representation of a leading toy company in its disputes with a toy inventor. Obtained favorable rulings for the client in both the Southern District of New York and the Second Circuit Court of Appeals.
• Directed the handling of litigation arising out of the debt default of Nicaragua, as well as actions arising from the restructuring of approximately US$500 million in private Mexican debt.
• Lead defense counsel at trial to a technology company in bankruptcy whose insurance carriers sought to rescind the company’s directors’ and officers’ liability coverage, the availability of which was central to the resolution of pending securities litigation and the confirmation of a plan of reorganization. After a successful bench trial in the Eastern District of New York and an argument in the Second Circuit Court of Appeals, the case was settled favorably for the client.