changez.khan@law.bm

Overview

Changez is a Director in MDM’s commercial litigation team. His practice covers a broad spectrum but with a particular focus on employment, company and commercial disputes. These often arise in the insurance or investment fund sectors or in the context of an insolvency. He acts for senior employees, company boards, shareholders, insurers, IPs, trustees and industry regulators. He has both a sound grasp of the law and an appreciation for the wider business or regulatory context.

Changez offers strong advocacy skills, which are grounded in his previous practice as a barrister in London for 14 years. In Bermuda he appears at trials, appeals and interlocutory motions, often in cases which turn on fine margins. He has represented parties at contested hearings on worldwide freezing orders, contests to jurisdiction and applications for specific discovery.

In addition to local work, his practice covers factually complex, cross-border disputes. He enjoys the challenge. He frequently works with teams across jurisdictions (England & Wales, New York, Delaware, the Caribbean and Australia) and is a fluent French speaker.

Expertise

Special areas of interest include:

• Misconduct Investigations, discrimination complaints, and dismissals;
• Alleged wrongdoing by company directors or other fiduciaries;
• Senior exits, especially entitlement under LTIPs and enforceability of non-compete covenants;
• Shareholder, derivative and other company law claims;
• Directors’ and Officers’ (D&O) liability insurance;
• Winding up petitions and enforcement action under the Insurance Act 1978 and the Investment Funds Act 2006.

Notable cases

• X v A Firm: advising on exit of a managing director and shareholder; difficult issues regarding alleged secret profits.
• SiriusPoint Limited v Allied World Assurance Company Ltd & others: defending an insurance tower (14 insurers) in $60m coverage litigation arising out of D&O liability insurance policies. Alleged settlement of shareholder claims by the insured (a NASDAQ-listed company). Attempt by the insured to claim back the settlement monies under D&O policies. Collaborating with attorneys in NY and the UK, and expert witnesses on US securities law (rule 10b-5 claims) and financial modelling. Settled on favourable terms shortly before trial. (Interlocutory decision on contested specific discovery application reported at [2024] SC (Bda) 19 Civ).
• Re various regulatory appeals: representing the Bermuda Monetary Authority in appeals against prohibition orders made under the Investment Funds Act 2006.
• Re: White Rock (SAC) Limited: advising JPLs on the provisional liquidation of a rent-a-captive embroiled in a c.$2bn letter of credit fraud involving a collateralized reinsurance business (Vesttoo). Advising on intricate issues under the Segregated Accounts Companies Act 2000. Working with JPLs and US attorneys on the coordination between Bermuda proceedings and Chapter 11 proceedings in Delaware.
• Re Sagehi Equity Fund Limited: representing the Bermuda Monetary Authority in winding up a delinquent fund for breaches of the Investment Funds Act 2006. Business operating via entities in Malta, DIFC and Bosnia Herzegovina. Securing a winding-up order and an order for indemnity costs.
• Jackson v Tamine & others: acting for a corporate trustee in a c.$300m trusts dispute. Representing six Nevis companies at hearings in the Supreme Court of Bermuda. Securing a partial stay, and then a variation, of worldwide proprietary freezing orders to release monies to fund defence. Working with attorneys in the US, UK, St Kitt’s & Nevis, and New South Wales to co-ordinate litigation on multiple fronts.
• A General Counsel v An insurance company: negotiating exit on favourable terms including enhanced severance pay and vesting of restricted stock units.
• Re Mexico Infrastructure Finance LLC: representing defendants against claims for professional negligence arising out of a failed hotel development project. Parallel litigation in Bermuda and Southern District of New York. overlapping and interdependent claims against several defendants. Claims Representing the Corporation at a seven-party mediation. (Reported appellate decision on issue of joint interest privilege at [2024] CA (Bda) 10 Civ.).
• Brady v Zuill: technical dispute over a right of way. (Reported appellate decision at [2024] CA (Bda) 27 Civ.).

Articles / panels

• Re-thinking bye-law indemnities for company directors: the decisions in Global Distressed Alpha Capital I Limited v Herman And Eddlestone [2023] CA (Bda) 12 Civ And [2024] CA (Bda) 14 Civ (Mondaq, August 2024)
• Unfair dismissal in Bermuda law: testing the limits of the tribunal’s powers to award remedies (Corporate Livewire, Labour & Employment, 2025); co-authored with Ronnie Myers
• Panel speaker at Offshore Disputes Week in the Cayman Islands on insurance disputes

Education

King’s College, London, LLB (2005)
Sorbonne University, Paris I, Maitrise en droit (2005)
King’s College London, LLM (2006)
Clifford Chance prize for outstanding performance: highest overall mark, second year LLB
Lincoln’s Inn, Lord Denning Major Scholarship, Hardwicke Entrance Award, and Levitt Award

Bar Admissions

Barrister, England and Wales (2008 – 2023) (now not practising)
Bermuda (2024)
Legal panel member, Human Rights Tribunal