We are the most international US disputes boutique, and cross-border litigation is an important component of our practice. We have extensive experience with issues unique to cross-border disputes, such as parallel proceedings, forum non conveniens, judgment/award enforcement, discovery in aid of foreign proceedings under 28 U.S.C. section 1782, and sovereign immunity arguments under the Foreign Sovereign Immunities Act.
Our multi-lingual team of partners, counsel and associates (several of whom have substantial experience practicing outside the United States) routinely advise and represent overseas parties in U.S. proceedings – whether they are highly experienced or confronting U.S. litigation for the first time. We are also active in the cross-border litigation community, including leadership roles in the International Bar Association’s Litigation Committee.
- Defending one of the world’s largest retailers against a $250-plus million claim for breach of a software license. We won dismissal of all claims and an award of attorneys’ fees and costs in favor of our client.
- Winning a New York federal trial and obtaining a judgment dismissing all claims against our client, a European sovereign, based on lack of jurisdiction under the Foreign Sovereign Immunities Act. Plaintiffs had sought to challenge the client’s title to a painting valued at up to $100 million. We also prevailed on appeal.
- Prosecuting a major Dutch pension manager’s claim in New York state court against a leading broker dealer to enforce the terms of a $30+ million securities transaction. The case settled on very favorable terms after we moved for summary judgment.
- Representing a Brazilian bank in judgment enforcement proceedings. We obtained discovery pursuant to 28 U.S.C. § 1782 in the Southern District of New York to locate assets available for execution. We then sought recognition of the Brazilian judgment and an order of attachment in New York state court, resulting in a favorable settlement.
- Defending a global market research company in New York state court litigation with a former acquisition target over alleged breaches of a non-disclosure agreement. We obtained a favorable settlement following discovery.