Dealer Oppostion to Enron's Hedging Lawsuits

• 4.16.2004

In an April 16, 2004, Financial Times article on Enron's attempts to recover more than $900 million from four investment banks in connection with equity derivative transactions the company arranged prior to its collapse in 2001 ("Companies the Americas: Dealers oppose Enron's hedging lawsuits"), Wilmer partner Craig Goldblatt noted that the lawsuits are "more than a private dispute" and, in fact, "could have ramifications for the financial markets." Mr. Goldblatt further noted that the suits are "a matter of significant importance for the entire [derivatives] industry."

Representing the industry associations, including the Bond Market Association, the Securities Industry Association and the International Swaps and Derivatives Association, Wilmer filed an amicus brief with the court in support of the banks, arguing that the bankruptcy code includes provisions that prevent "unwinding" of derivatives payments.