Marc Thorley
Biography
Practice Focus
Marc has substantial experience in dealing with a broad range of complex litigation, investigations and regulatory matters. He specialises in financial services sector, acting for banks (investment, retail and commercial) and other industry participants. Examples of his experience are:
- Litigation arising out of complex autocall structured products
- Investigating issues arising out of a delta one / total return swap business
- A major and sensitive conduct investigation for a global FI
- Insider dealing investigation for a leading FI
- Dispute between two international FIs over the interpretation of ISDA master documentation, in the context of lookalike swaps
- Advising a major FI on a significant retail mis-selling issue, including advising on complicated regulatory aspects
Marc also specialises in corporate litigation, where his experience includes major M&A litigation, breach of warranty claims, directors’ duties disputes, acting for both vendors and purchasers in large completion accounts disputes, substantial shareholder dispute proceedings, and disputes relating to earn out entitlements.
Representative Legal Matters
Marc has deep experience in corporate and M&A litigation, including:
- Acting for a purchaser in major High Court litigation arising out of a public to private deal. The case, amongst the largest corporate cases to come before the English courts, concerned the duties owed by a target and its advisors to a purchaser, and settled on the eve of a 100-day trial.
- Advising on numerous breach of warranty disputes.
- Acting for directors of a leading education business in a vigorous dispute between rival shareholders.
- Acting in a dispute between shareholders in a large airline, concerning control rights allegedly acquired under a sale and purchase agreement.
- Acting for vendors and purchasers in substantial completion accounts disputes and earn-out disputes.
- Acting on behalf of a minority shareholder in High Court unfair prejudice proceedings.
- Acting in a High Court dispute concerning control of a significant joint venture business.
Corporate Responsibility
Marc is committed to pro bono work, with a particular focus on access to justice
Admissions
- Hong Kong (2018)
- England & Wales (Solicitor) (2003)
- New Zealand (1995)
Education
- University of Oxford (Bachelor of Civil Law) (1999)
- University of Auckland (LLB (Hons)) (1995)
- University of Auckland (BCom) (1994)