In a recent decision providing important reminders for participants in the OTC derivatives markets, a New York federal district court judge ruled in favor of Citibank in a case brought by one of its hedge fund clients. Notably the judge ruled that VCG Special Opportunities Fund Limited (“VCG”) had, by its conduct, effectively waived its right to claim that Citibank wrongfully demanded additional collateral in respect of a credit default swap.
A summary of the key resolutions that were incorporated into the revised order to establish procedures for assigning and settling various “Derivative Contracts” are set forth in the attached client alert.
Since the filing by Lehman Brothers Holdings Inc. (LBHI) and certain of its affiliated debtors of a motion to establish procedures for assigning and settling various “Derivative Contracts”, more than 80 parties have filed objections to the motion with the relevant bankruptcy court in New York. The deadline for objections was Friday, November 28, 2008. A hearing on the LBHI motion is scheduled to take place on Wednesday, December 3, 2008 at 10 a.m. (EST). A summary of the objections filed is provided in the attached client alert.