Examples of International Litigation Experience as Counsel
Represented Bechtel, Edison S.p.A., and their affiliated project company in a dispute with the Republic of Ecuador over a 30-year water and sewage concession for a large municipality. The dispute gave rise to litigation in the United States. After a court order was obtained blocking Ecuador from drawing down on a letter of credit that served as a performance bond under the parties' concession contract, the parties pursued dispute resolution under the concession contract, including mediation followed by an ICC arbitration in Miami.
Acted for Duke Energy Corporation in federal court litigation in Houston, Texas against Citrus Trading Corp. arising from Duke's termination of the parties' long-term contract for the purchase by Citrus of Algerian LNG. Duke terminated the parties' contract for Citrus' alleged breach, and Citrus counterclaimed for damages of approximately US$200 million, contending that the termination was unlawful. The case settled for a fraction of the amount Citrus had sought.
Oversaw and coordinated the investigation and prosecution of claims against the perpetrators of a massive fraud directed at the world's largest solar panel manufacturer. The matter involved managing a complex civil fraud action in London under English law, a receivership action in Singapore, criminal proceedings in Italy, and regulatory proceedings in Luxembourg.
Represented Dainippon Screen Manufacturing Company and affiliates in patent infringement litigation against Scitex Corporation, an Israeli company, that involved six patents concerning three different technologies in the graphic arts and digital publishing fields and claims and counterclaims seeking over $400 million. The case, which was approaching trial in federal court, was submitted to mediation and then arbitration before the WIPO International Arbitration Center in Geneva, Switzerland, the center's first matters. The mediation/arbitration led to a settlement favorable to Dainippon Screen.
Represented the Kuwaiti government in Computer Firmware Systems, Inc. v. The State of Kuwait, a case in which Kuwait defeated claims arising from an alleged program to diversify the country's economy by encouraging the establishment of a tech industry there.
Acted for a Taiwanese bicycle components manufacturer in its successful defense against claims for patent, trademark, and trade dress infringement.
Represented the Royal Automobile Club in London and related English companies and their directors in the successful defense of a class action lawsuit brought in Los Angeles superior court seeking US$90 million in damages on claims arising under English law from the £450 million sale of a related motoring services company. In addition to the California class action, the plaintiffs brought a parallel representative action in the English high court, requiring close coordination in the handling of the two actions.
Successfully defended the U.S. subsidiary of a Korean conglomerate in a federal court action brought by a Malaysian company for breach of contract under English law.
Acted for 10 motion picture studios and their trade association in an antitrust action brought by a would be American dual-deck VCR manufacturer against the Japanese and Korean electronics industries and the U.S. motion picture industry (Go-Video v. Motion Picture Association of America, et al.).
Represented defendant Occidental Petroleum Corporation in Clayco Petroleum Corp. v. Occidental Petroleum Corp. et al., (9th Cir. 1983), cert. denied 464 U.S. 1040 (1984), a case establishing that there is no Foreign Corrupt Practices Act exception to the Act of State doctrine.