Lawyers

James Montado

James Montado

ISOLAS LLP, Gibraltar

Work Department

Litigation

Position

Partner

Career

Overview

James is a Partner within the ISOLAS litigation team and is recognised by the leading legal directories for his work in complex civil litigation matters with an emphasis on insolvency, trusts, fraud and distributed ledger technology disputes. His clients include multi jurisdictional financial services entities, Banks, liquidators, administrators, regulatory bodies, law enforcement agencies and Government departments.

James’ practice also extends to non-contentious financial services matters where he regularly advises retail and investment Banks as well as other financial institutions on regulatory and contractual matters.

James leads the Firm’s Data Protection and Privacy team where his knowledge and experience on contentious matters assists clients when dealing with regulatory intervention and investigations.

Commercial and Civil Litigation

James contentious practice encompasses a wide range of matters within the disputes context which typically have an international slant. He has been involved in disputes across various sectors and industries with clients including financial services and other regulated entities, global gaming companies and multinational corporate entities. Within this context James is regularly instructed to advise and appear as Counsel on matters relating to jurisdiction challenges, enforcement of foreign judgments, injunctive relief and other interim applications as well as full trials.

James has taken a leading role within the firm in advising clients on contentious matters and disputes arising as a result of the use of cryptocurrency/Distributed Ledger Technologies (DLT) and has represented various well-known global clients in disputes relating to regulatory matters, ICO’s (and other capital raising mechanisms) and fraud / asset tracing claims.

Insolvency & Bankruptcy

James is recognised as one of the ‘go to’ lawyers within the jurisdiction for insolvency and Bankruptcy matters. He is regularly instructed to act for liquidators/ administrators in large multi-jurisdictional insolvencies of regulated entities. Within this context he acts for appointed officeholders advising on general aspects of insolvency law (including recognition of appointments and information gathering) as well as advising on potential claims against former directors, auditors and third parties.

He is also instructed to advise corporate entities on insolvency matters prior to the onset of insolvency including advising directors on their duties, responsibilities and potential liability as well as reviewable transactions. Within this context, James also advises on wider insolvency touchpoints which arise as a result of non-contentious corporate/commercial matters and transactions.

James has also advised foreign public bodies and compensation schemes in respect of Gibraltar insolvency law matters as well as advising officeholders on the application of foreign compensation scheme rules to Gibraltar insolvencies.

In 2018, James advised on Gibraltar’s first crypto/ DLT related insolvency on a wide range of matters including how to treat creditors whose claims were in various cryptocurrencies/tokens.

Banking & Regulatory

James also has an extensive practice in non-contentious financial services matters where he regularly advises banking and other financial institutions on regulatory and contractual matters. In addition, he is also instructed by public bodies in various non-contentious matters with an emphasis on GDPR compliance.

James has advised banking and e-money entities in relation to PSDII, MiFID, CRD, Consumer Credit and other technical regulations emanating from the EU and more recently how Brexit may impact clients’ ability to continue with established business lines due to the potential loss of ‘passporting’.

Data Protection & Privacy

In addition to his Dispute Resolution work, James also has an extensive practice in non-contentious financial services matters where he regularly advises banking and other financial institutions on regulatory and contractual matters. In addition, he has also been instructed by Her Majesty’s Government of Gibraltar (HMGoG), and other public bodies in various non-contentious matters with an emphasis on Gibraltar GDPR and EU GDPR compliance. James has also advised private individuals and regulatory bodies on Information Rights law and defamation claims.

Languages

English, Spanish

Memberships

The Honourable Society of Gray’s Inn The Gibraltar Legal  Council.

Education

King’s College London - LLB

Leisure

A techie at heart, James enjoys all things IT related. He enjoys reading historical texts and has a particular interest in Gibraltar’s naval history.

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