White & Case
  Jaime M. Crowe
Counsel
Washington, DC

T: + 1 202 626 3640
F: + 1 202 639 9355
E:
Practice Experience
Jaime M. Crowe joined White & Case in 1997. Based in Washington, DC, he is a member of the Firm's Litigation and International Arbitration Groups. Mr. Crowe has broad litigation experience, with particular emphasis on antitrust disputes. His international arbitration experience primarily has focused on the representation of state sovereigns before the International Centre for the Settlement of Investment Disputes (ICSID). Mr. Crowe's work over the years has included:
  • Representation of parcel tanker company Stolt-Nielsen S.A. in a landmark criminal case brought by the Antitrust Division of the United States Department of Justice. After a three-week evidentiary hearing, a federal district judge in Philadelphia dismissed the indictment against Stolt-Nielsen, holding that, contrary to the Antitrust Division's claims, the company had honored its obligations under an amnesty agreement with the Antitrust Division. The court's findings and opinion in United States v. Stolt-Nielsen S.A. can be found at 524 F. Supp.2d 586 (E.D. Pa. 2007) (findings of fact and conclusions of law) and 524 F. Supp. 2d 609 (E.D. Pa. 207) (memorandum and order);
  • Representation of Stolt-Nielsen S.A. in defense of securities class action brought in federal court in Connecticut. Mr. Crowe successfully moved for dismissal of plaintiffs' consolidated amended class action complaint, (see Menkes v. Stolt-Nielsen S.A., 2005 WL 3050970 (D. Conn. Nov. 10, 2005)), and obtained dismissal with prejudice of plaintiff's scheme liability claims;
  • Counsel for Upsher-Smith Laboratories, Inc., a US pharmaceutical company accused of antitrust violations in In the Matter of Schering-Plough, et al. (FTC Docket No. 9297). Mr. Crowe played a leading role at every stage of the litigation and at the trial that culminated in a successful ruling from the administrative law judge appointed by the Federal Trade Commission. Mr. Crowe also helped defend the FTC judge's dismissal before the full Federal Trade Commission, and before the US Court of Appeals for the Eleventh Circuit.  The Eleventh Circuit ruled in favor of Upsher-Smith and upheld dismissal. See Schering-Plough Corp. v. Fed. Trade Comm'n, 402 F.3d 1056 (11th Cir. 2005). Subsequently, Mr. Crowe helped to successfully oppose the FTC's petition for writ of certiorari filed with the Supreme Court of the United States;
  • Counsel coordinating Upsher-Smith's defense of more than 40 private antitrust actions (class, opt-out and attorney general actions) in multidistrict litigation in federal court in New Jersey. These actions were filed following the FTC's administrative complaint against Upsher-Smith;
  • Representation of several Southeast Asian companies accused of price-fixing in violation of US antitrust laws in Dee-K Enterprises, Inc. v. Heveafil Sdn. Bhd. In this matter, Mr. Crowe successfully opposed class certification, helped obtain a jury verdict in favor of the clients in US federal court and successfully defended the companies against plaintiffs' appeal to the US Court of Appeals for the Fourth Circuit, and plaintiffs' subsequent petition for certiorari review filed with United States Supreme Court. The Fourth Circuit's affirmance of the jury verdict can be found at 299 F.3d 281 (4th Cir. 2002);
  • Representation of telecommunications company Vertex Telecom, Inc. in a declaratory judgment action brought against XO Communications, Inc. in federal court in Alexandria, Virginia. Mr. Crowe successfully obtained a temporary restraining order and later a preliminary injunction that prohibited XO from terminating services to approximately two million customers of Vertex, pending litigation. In addition, Mr. Crowe defeated XO's motion to dismiss (see Vertex Telecom, Inc. v. XO Communications, Inc., 2006 WL 3746142 (E.D. Va. 2006)), and obtained dismissal with prejudice of certain XO claims against Vertex;
  • Counsel for the Republic of the Philippines before ICSID in Fraport AG Frankfurt Airport Services Worldwide v. Republic of the Philippines (ICSID ARB/03/25). This ICSID proceeding arose from the nullification by the Supreme Court of the Philippines of a Build, Operate and Transfer (BOT) contract relating to Terminal 3 of Manila's Ninoy Aquino International Airport. After a full evidentiary hearing on jurisdiction and the merits, the tribunal held that ICSID lacked jurisdiction to consider the matter;
  • Representation of the Republic of Chile before ICSID in MTD v. Republic of Chile (ICSID ARB/01/07). In connection with this matter, Mr. Crowe led an intensive fact-finding mission to Chile, obtained declarations from numerous fact witnesses, helped prepare numerous expert reports, and drafted substantial portions of the Republic's counter-memorial;
  • Counsel for the Republic of Costa Rica before ICSID in Compañía del Desarrollo de Santa Elena, S.A. v. Republic of Costa Rica (ICSID ARB/96/1). Among other things, Mr. Crowe helped a preeminent Costa Rican environmental law expert prepare three extensive opinions of Costa Rican environmental law, conducted the direct examination of the same expert at the evidentiary hearing, prepared other fact and expert witnesses to testify at the hearing, and presented argument to the Tribunal regarding the applicability of Costa Rica's environmental laws and regulations to expropriated property. The Tribunal's award in this case can be found at 15 ICSID Review — Foreign Investment Law Journal 169 (2000);
  • In Eudoro A. Olguín v. Republic of Paraguay (ICSID ARB/98/5), acted as co-lead counsel for a Bolivian investor during the jurisdictional phase of the ICSID arbitration, which resulted in the Tribunal ruling in the client's favor, finding that jurisdiction was proper. That award can be found at 6 ICSID Reports 164 (26 July 2001); and
  • In Victor Pey Casado and Presidente Allende Foundation v. Republic of Chile (ICSID ARB/98/02), counseled the Republic of Chile in formulating its strategy and preparing its submissions objecting to jurisdiction.

Bars and Courts
District of Columbia Bar, 1995
Virginia State Bar, 1994
US Supreme Court
US Court of Appeals for the Third Circuit
US Court of Appeals for the Fourth Circuit
US District Court for the Eastern District of Virginia
US District Court for the Western District of Virginia
US District Court for the District of Columbia
US Bankruptcy Court for the Eastern District of Virginia

Education
JD, George Washington University Law School, 1994
BA, George Mason University, magna cum laude, 1991

Professional Associations and Memberships
Virginia State Bar
District of Columbia Bar
American Bar Association
American Society of International Law

Languages
English
Spanish

Citizenship
United States
Spain