Litigation, Arbitration, Mediation

Our attorneys have extensive experience in successfully resolving complex and sophisticated disputed matters as well as routine matters for our clients in U.S. and international litigations, arbitrations, and mediations.  We have substantial experience in resolving disputes arising from commercial contracts, government contracts, securities and other frauds, fiduciary duty, employment disputes, reinsurance, art and artists’ rights, injunctions, enforcement of foreign judgments, RICO and class action prosecutions and defense, and copyrights, trademarks, trade secrets, and other intellectual property matters.

Our litigation matters regularly involve jurisdictional or forum non conveniens objections, procedural treaties, letters rogatory, prejudgment attachments, obtaining evidence abroad, proof of foreign law, conflicts of laws issues, bilingual depositions, bilingual court testimony, and concurrent proceedings in the U.S. and in a foreign country.  We are frequently called upon to assist foreign lawyers and litigants in obtaining or limiting discovery sought in the U.S. for use in foreign proceedings.  We also represent third parties as to subpoenas issued in the U.S. presenting issues of foreign attorney-client privilege and other foreign law issues.

Much of our litigation work for corporate clients has included a substantial international dimension.  In recent contested matters, our litigation attorneys have represented:

  • A party in a dispute concerning ownership of television and radio stations located in Buenos Aires, Argentina
  • The owner of restaurant franchise rights in Brazil against sub-franchisees;
  • The operator of a Latin American virtual mobile telephone network in a contract dispute against its technology service provider;
  • Holders of government bonds in claims against the issuing sovereign for non-payment;
  • Defense of copyright infringement and theft of trade secrets claims brought by Experian;
  • The former owner of a wireless telephone company in prosecution of fraud and related claims against Carlos Slim and his companies arising out of the sale of the owner’s interest in the company;
  • Individual and corporate U.S. parties in a dispute arising out of a joint venture for a Latin American investment fund;
  • Dutch companies defending against shareholder claw back litigation in bankruptcy court;
  • Latin American parties in a dispute in federal court arising out of the acquisition of a Latin American financial institution by a U.S. bank;
  • A Spanish pharmaceutical company in proceedings in Spain;
  • A world-wide class of defrauded investors in a failed hedge fund in a securities fraud class action and concurrent cross-border bankruptcy and liquidation proceedings;
  • A Korean couple who were fraudulently induced to invest their life savings in a fictitious power plant project, which ultimately resulted in a significant jury verdict in their favor;
  • Defense of Brazilian guarantors against a major international bank lender.

Complementing our general litigation capabilities, the firm has several niche areas:

  • Securities claims against public companies;
  • Claims against public and private company boards of directors;
  • “Business divorce” – the litigated severing of connections between formal and informal business partners.
  • Accounting malpractice, “book-cooking,” Ponzi schemes, and corporate financial mismanagement; these cases have given us extensive experience in matters involving accountants, auditors, actuaries, asset (tangible and intangible) valuation;
  • Employment disputes involving business clients and representing them in court and other proceedings concerning allegations of sexual harassment, age, disability, and other employment discrimination and workplace disputes.  We also have been involved in multiple representations both to bring claims to enforce employee non-compete agreements, and to defend against such claims.
  • Enforcement of foreign judgments and arbitral awards.

The firm also has extensive experience in arbitration matters before U.S. and foreign arbitral bodies and international trade associations. We have represented domestic and international business clients as their counsel in commercial disputes before arbitration panels constituted before, among others, the AAA/ICDR, the International Chamber of Commerce, and the International Centre for Dispute Resolution.

Drawing upon our government service experience, international perspectives, cross-cultural communication skills, we have successfully resolved disputes for our clients through mediation as well as informal negotiation.  Such disputes often include contracts, partnership matters, finder’s fees, employment claims, trusts and estates, and professional discipline matters.