Minpeco SA. v. Nelson Bunker Hunt, 724 F. Supp. 259,127 F.R.D. 460, 718 F. Supp. 168, 693 F. Supp. 58, 686 F. Supp. 420, 686 F. Supp. 427, 677 F. Supp. 151, 118 F.R.D. 331, 676 F. Supp. 486, 673 F. Supp. 684,116 F.R.D. 517, 653 F. Supp. 957 (S.D.N.Y. 1988). Tried and won a $197.1 treble damage jury verdict against the Hunt brothers and others for conspiring to manipulate silver prices. Merrill Lynch, E. F. Hutton, Prudential Bache, and ContiCommodity settled prior to trial.
Defended the Republic of Peru in $10 billion in 55 lawsuits in eight countries arising from defaults on foreign bank loans. Created a bankruptcy-style stays of litigation that gave Peru time to reform its economy and negotiate an exchange offer with 180 financial institutions, which provided a foundation for its modern, growing economy.
- Bank of America Nat’l, Citicorp Int’l, Chemical Bank, Chase Manhattan Bank, NA., Bank of Tokyo, Ltd., Bank of Nova Scotia, Midland Bank, Morgan Guaranty Trust Co. of N.Y., Credit Lyonnais, Manufacturers Hanover Ltd., and Swiss Bank Corp. v. Republic of Peru, Case No. 90-CV- 1409 (S.D.N.Y.). Lead lawsuit by bank advisory committee.
- Pravin Banker Assoc. Ltd. v. Banco Popular del Peru, 165 B.R. 379 (S.D.N.Y. 1994), 1995 U.S. Dist. LEXIS 2730 (S.D.N.Y. 1995), 895 F. Supp. 660 (S.D.N.Y. 1995), 912 F. Supp. 77 (S.D.N.Y. 1996), aff’d 109 F.3d 850 (2d Cir. 1997), on remand 9 F. Supp.2d 300 (S.D.N.Y. 1998). Unprecedented stay of creditor lawsuit on grounds of international comity and denial of motion to execute against funds for interest payment under Peru’s Brady Plan debt restructuring.
- Elliott Associates, L.P. v. The Republic of Peru, 176 F.R.D. 93 (S.D.N.Y. 1997); 948 F. Supp. 1203 (S.D.N.Y. 1996); 961 F. Supp. 83 (S.D.N.Y. 1997); 12 F. Supp.2d 328 (S.D.N.Y. 1998), rev’d 194 F.3d 363 (2d Cir. 1999). Prejudgment attachment and summary judgment denied in a sovereign debt lawsuit; trial victory voiding loans reversed by Second Circuit.
- Banco Central de Reserva v. Riggs National Bank, 919 F. Supp. 13 (D.D.C. 1994).
- Banco Cafetero (Panama) SA. v. Banco de la Nacion, 1995 U.S. Dist. LEXIS 11840 (S.D.N.Y. 1995).
Republic of Peru v. NationsBank, 95 Civ. 0527 (D.D.C. 1996). Recovered $10.85 million from a bank accused of aiding and abetting embezzlement by assistant naval attaché.
“[A] superb lawyer and gifted advocate with strong ethical standards and an ability to judge a case with utmost impartiality.” Antonio Parra, Secretary General, ICCA. Chambers and Partners, USA, Nationwide International Arbitration (2013 to 2018); Legal 500 United States, Recommended in Dispute Resolution – International Arbitration and International Litigation (2017 to 2018); The Best Lawyers in America© Washington, D.C., International Arbitration – Commercial and International Arbitration – Governmental (2010 to present).
As arbitrator and counsel, cases have arisen under ICDR, AAA Large Commercial, ICC, LCIA, CPR, ICSID, SIAC, JAMS, CIETAC and UNCITRAL rules.
As arbitrator, examples of cases include:
- ICDR arbitrator in a $33 million contract dispute between US and Nicaraguan fabric and garment manufacturers that supplied activewear to a major U.S. retailer.
- ICDR arbitrator in expedited arbitration involving a $70 million dispute between U.S. and British defense contractors regarding a joint venture for the manufacture of equipment.
- Chair of an ICDR tribunal in a $7.8 million commission dispute between a U.S. defense contractor and its Slovak sales agent (award upheld at 961 F.Supp.2d 245 (D.D.C. 2013).
- Chair of an ICDR tribunal in a $9 million dispute between a Swedish conglomerate and a U.S. private equity fund regarding inventory in an M&A transaction.
- Sole ICDR arbitrator in a $10 million dispute between a medical school professor and scientist regarding a claim of lost profits arising from consulting agreement with a nutrition solution retailer.
- ICC arbitrator in a $9 million dispute between a major U.S. restaurant franchisor and an Australian franchisee for breach of contract and violation of trademarks.
- Chair of an ICDR tribunal in a $5 million dispute between two German banks and a Texas credit insurance company arising from the sale of defaulted credit of a Mexican luxury condo developer.
- ICDR arbitrator in a $15 million contract dispute between Belgium and Virginia partners in a joint venture arising from a contract to ship supplies to Afghanistan
- Chair of an ad hoc arbitration tribunal in Peru under LCIA rules arising from a consulting fee dispute between a Japanese company and Peruvian government.
As arbitration counsel, examples of cases include:
- Representing the Ecuador and Singapore franchisees of a major U.S. credit card company alleging violations of their franchise agreements due to the sale of the franchisor;
- Defense of an Argentinian grain producer against a UAE grain supplier in a GAFTA arbitration in London;
- Defense of a leading London private equity fund in an $20 million ICC arbitration brought by a U.S. placement agent (successfully vacated award in English High Court of Justice);
- Mediated and arbitrated at JAMS a property dispute exceeding $1 billion;
- Represented the German claimant of a major international heavy equipment manufacturer in €60 million ICC arbitration against a Brazilian energy developer over breach of contract for the purchase of diesel engines.
Investment arbitration (ISDS) cases include:
- Represented a Canadian lumber producer in a NAFTA arbitration against the United States conducted under UNCITRAL Rules at ICSID asserting damage claims for restrictions on the import of lumber;
- Defended of the Republic of Peru against a denial of justice claim brought by a French investor concerning the ownership of the largest gold mine in Latin America;
- Represented an Italian claimant in an expropriation claim against Ethiopia.
Litigated challenges to arbitration agreements and vacatur or confirmation proceedings for arbitral awards, and enforced awards by tracing and executing against property worldwide.
- Jindal Steel Bolivia SA v. Empresa Siderurgica de Mutun, Civil No. 17-cv-1581 (D.D.C. 2018)(Court refused to confirm an ICC arbitral award of $18 million in favor of an Indian investor against a Bolivian state mining company due to challenge to service of process under the Foreign Sovereign Immunities Act (FSIA).
- BKP Enterprises v. Dynamic International Airways, LLC, No. 16-cv-1407 (MDNC 2017)(Court confirmed $3.5 million SIAC arbitral award between an India charter operator and U.S. airline arising from the breach of a contract to transport pilgrims to Mecca).
- ACN Communications Services LLC v Universal Microelectronics Co., Inc., Index No. 654062/2012 (N.Y. Supreme Court 2016) (traced and attached property of a Taiwan company to enforced an ICDR arbitral award of $10.1 million through court proceedings in New York, Taiwan, and British Virgin Islands).
- Brockton Capital LLP v. Atlantic-Pacific Capital, Inc. Claim No. 2013 Folio 1484 (2014)(English High Court of Justice vacated for “serious irregularities” an ICDR arbitral award arising from a dispute between London private equity fund and U.S. placement agent).
- ARMA, S.R.O. v. BAE Systems Overseas, Inc., 961 F. Supp. 2d 245 (D.D.C. 2013)(arbitral award issued as chair of ICDR tribunal confirm by court).
- Tembec Inc. v. United States, 570 F. Supp. 2d 137 (D.D.C. 2008)(motion to vacate cost award arising from NAFTA arbitration voluntarily dismissed when governments settled softwood lumber dispute denied).
- Banco Cafetero (Panama) S.A. v. Republic of Peru, 1995 U.S. Dist. LEXIS 11840 (S.D.N.Y. 1995)(Peru’s motion to compel a Panama bank to arbitrate a dispute arising from an interbank deposit and rollover agreement denied).
- Pompano Windy City Partners, Ltd. v. Bear Stearns & Co., 698 F. Supp. 504 (S.N.Y. 1988), 794 F. Supp. 1265 Y. 1992) (In a $50 million securities action between a market-maker and a clearing firm arising out of Oct. 1987 stock market crash, motions to compel and enjoin arbitration granted, in part, and denied, in part, and subsequent arbitral award confirmed.)
Advisor to the American Law Institute, Restatement (Fourth) of Foreign Relations Law, Sovereign Immunity.
- Guevara v. Republic of Peru, 608 F.3d 1297 (11th Cir. 2010) cert. denied, 131 S.Ct. 651 (2011)(lawsuit by Venezuelan seeking $5 million reward for capture of Vladimiro Montesinos, Peru’s spy chief, dismissed on the grounds of sovereign immunity).
- Zuza v. Office of High Representative of Bosnia and Herzegovina, 857 F.3d 935 (D.C. Cir. 2016) affirming 107 F.Supp.3d 90 (D.D.C. 2015)(lawsuit by Chief of Cabinet of the Speaker of the Assembly of Republika Srpska due to removal from office by OHR under powers arising from Dayton Peace Accords dismissed on grounds of international organizations immunity).
- Sarkis v. Lajcak, High Representative, 425 Fed. App. 557 (9th Cir. 2011)(lawsuit by former general counsel of the Office of High Representative dismissed for lack of personal jurisdiction).
- Calabresi v. Italian Cultural Consulate of Los Angeles, cv 14-009900-DMG (JEM) (C.D. CA, 2014)(age discrimination lawsuit by former employee against Italian Consulate in Los Angeles dismissed on sovereign immunity grounds).
- Nevada ex rel. Kahre v. International Monetary Fund,1995 U.S. Dist. LEXIS 2904 (D. Nev. 1995)(lawsuit against IMF and World Bank dismissed on international organizations immunity grounds).
Tried and won lawsuit brought by Prince Jefri Bolkiah, brother of Sultan of Brunei, and Brunei Investment Agency against British barristers, defeating allegations of fraud and breach of fiduciary duty and winning counterclaims. Also won lawsuit in Delaware Chancery Court for advance of defense legal fees.
- Casa de Meadows Inc. (Cayman Islands) v Zaman, 76 A.D.3d 917; 908 N.Y.S.2d 628; 2010 N.Y. App. Div. LEXIS 6809 (A.D. Sept. 28, 2010)(tried and won in three hours a six-week lawsuit before a NY jury).
- Zaman v. Amedeo Holdings, Inc., 2007 Del. Ch. LEXIS 934 (Del. Ch. Oct. 31, 2007; 2008 Del. Ch. LEXIS 60 (Del. Ch. May 23, 2008)(defendants granted advancement of legal fees to defend NY lawsuits under plaintiff-company’s bylaws and Delaware law).
- Cedar Swamp Holdings, Inc. v. Zaman, 472 F. Supp. 2d 591; 2007 U.S. Dist. LEXIS 8769 (S.D.N.Y. Feb. 7, 2007); 476 F. Supp. 2d 303, 2007 U.S. Dist. LEXIS 8770 (S.D.N.Y., Feb. 8, 2007); 487 F. Supp. 2d 444; 2007 U.S. Dist. LEXIS 36286 (S.D.N.Y. May 17, 2007) (RICO claims and federal lawsuit dismissed).
Lawsuit by El Nuevo Dia, Puerto Rico’s largest newspaper and related cement company against the Governor for violating First Amendment rights by withdrawing advertising and permits due to negative reporting, settled when government agreed to new advertising policy.
- El Dia, Inc, v. Governor Pedro Rossello, 30 F.Supp.2d 160 (D.P.R. 1998); related proceedings, 20 F.Supp. 2d (D.P.R. 1998) aff’d 165 F.3d 106 (1st 1999).
- Ramallo Bros. Printing, Inc. v. El Dia, Inc., 392 F. Supp. 2d 118 (D.P.R. 2005) (“Ramallo I”) Ramallo Bros. Printing, Inc. v. El Dia, Inc., 2006 U.S. Dist. LEXIS 61972 (D.P.R., Aug. 28, 2006) aff’d 490 F.3d 86 (1st 2007), antitrust lawsuits against newspaper dismissed.
Forfeiture case that explores the story behind the Magnitsky Law.
United States v. Prevezon Holdings, Ltd., 617 Fed. Appx. 56; 2015 U.S. App. LEXIS 11925, (2d Cir. 2015); related proceedings, 122 F. Supp. 3d 57; 2015 U.S. Dist. LEXIS 104204 (S.D.N.Y. Aug. 7, 2015); 2015 U.S. Dist. LEXIS 143841 (S.D.N.Y. Oct. 22, 2015); 2016 U.S. Dist. LEXIS 2921 (S.D.N.Y., Jan. 8, 2016); 2016 U.S. Dist. LEXIS 5620 (S.D.N.Y. Jan. 15, 2016); related proceedings Hermitage Global Partners L.P. v. Prevezon Holdings Ltd., 2015 U.S. Dist. LEXIS 20080 (February 19, 2015).
Laro v. New Fulton Fish Market Cooperative (N.Y. Sup. Ct., 2005). Injunctive action over the move of the historic Fulton Fish Market, the world’s second largest fish distribution center, from lower Manhattan to the Bronx.
Environment lawsuit by citizens of Ilo, Peru against a major mining company dismissed on grounds of international comity.
Torres v. Southern Peru Copper Corp., 965 F. Supp. 895 (S.D. Tex. 1995); 965 F. Supp. 899 (S.D.Tex. 1996) aff’d 113 F.3d. 540 (5th Cir. 1997).
Manrique Carreno v. Johnson, 899 F. Supp. 624 (S.D. Fla. 1995). Extradition of defendant in $300 million Ponzi scheme, extradition statute held constitutional.
In re Maria Emilia Fandino (S.D. Fla. 1993). Extradition of defendant in a $25 million fraud scheme and letters rogatory.
United States v. New York Times Company, 328 F. Supp. 334 (S.D.N.Y. 1971). Summer law clerk in U.S. Attorneys office in Manhattan assisted in injunctive action against The New York Times from publishing the Pentagon Papers leaked by Daniel Ellsberg.
Galella v. Jacqueline Kennedy Onassis, 353 F. Supp. 196 (S.D.N.Y. 1972). Law clerk assisting defense of the Secret Service against the claims of a paparazzi that agents were preventing him from photographing the former First Lady and her children and drafted affidavits for children.