Commercial Litigation | White & Case
Commercial Litigation

Commercial Litigation

Resolving our clients' complex commercial litigation challenges
Commercial disputes around the world are becoming more difficult to navigate. Expanding international businesses, changing regulatory requirements, increasing corporate scrutiny and complex cross-border transactions are among the drivers. Regardless of origin, the stakes can be high, with a potential global impact. Organizations and individuals look to proactively reduce their risk. When matters arise, bringing them to a close in a cost-effective and efficient manner is the goal.

In reaching this goal, experience is paramount. We represent clients in all stages of domestic and international litigation, in established and emerging markets. Our integrated practice structure provides clients with strong support, no matter where they are. We regularly collaborate with our lawyers who are skilled in antitrust, international arbitration, intellectual property and environmental law, as well as our industry professionals.

Litigators across our Firm have represented clients before all types of trial, appellate, regulatory and alternative dispute resolution tribunals around the world. We are also well-known for our strength in class action work. An additional core strength is our ability to advise in relation to growing regulatory requirements in the UK, the United States and Europe.

From the onset of a dispute through to resolution, we help our clients make well-informed decisions. We advise the world's leading financial institutions, largest corporations, sovereign governments, executives and directors. They trust us to guide them through their most significant litigation challenges. Our experience in cross-border contentious matters, technical capabilities and strong geographic coverage gives us the insight to advise them through the complex issues that can accompany large and sophisticated transactions.

Risk management and compliance are key to avoiding disruptive, large-scale litigation. We help our clients implement measures to ensure that, wherever possible, they do not become embroiled in disputes. If a dispute arises, we ensure that they are equipped with the resources, experience and knowledge to reach a prompt and successful resolution.

 

AWARDS

Clients praise this firm’s extensive network, "which enables the team to handle domestic and international litigation seamlessly."
Chambers Global 2013

"Outstanding litigation teams across Europe… Noted for its experience in emerging markets and offshore jurisdictions."
Chambers Europe 2014, Dispute Resolution - Europe-wide

"'A very strong partner-led group. Very experienced and tenacious litigators… .'"
Chambers UK 2014

"Broad expertise with the ability to draw upon its extensive resources both nationally and globally."
Chambers USA 2014

"Clients rate the 'exceptionally high level of service' provided by its ‘very well trained and knowledgeable' team."
The Legal 500 Asia-Pacific 2013

Facebook
White & Case is Facebook's outside counsel responsible for handling all of its international (i.e., non-US based) litigation needs. We have handled lawsuits for Facebook in more than 35 separate countries, successfully handling cutting-edge issues involving hosting provider and intermediary liability, e-commerce, digital media, as well as issues involving foreign and domestic contract, privacy, defamation, free speech, trademark, copyright infringement, unfair competition, employment, taxation and anti-spamming laws. Additionally, we have represented the social media company in a multitude of matters around the world—including the UK, Netherlands, India and France–arising out of data protection concerns.

LightSquared LP
Representation of the Ad Hoc Secured Group of LightSquared LP lenders (the Group) in the bankruptcy proceedings of LightSquared Inc. and certain of its subsidiaries, currently pending in the Bankruptcy Court for the Southern District of New York. The Group comprises secured creditors of LightSquared LP, the debtors' operating company, and is the most significant creditor constituency in the case. We have represented the Group in virtually all litigation since May 2012. Most recently, together with counsel for the debtors, we succeeded in obtaining a ruling equitably subordinating the debt held by SP Special Opportunities, LLC, a special-purpose entity.

Hess Corporation
We represent Hess Corporation in a putative class action. Plaintiffs alleged that various third-party trucking companies, unbeknownst to Hess, mixed Hess heating oil with used motor oil and delivered it to Hess customers over a four-year period. Their suit brought contract, warranty, consumer fraud, negligence, and unjust enrichment claims against Hess.  The judge dismissed the consumer fraud, negligence, and unjust enrichment claims with prejudice and gave plaintiffs the opportunity to replead only their contract and warranty claims.  Plaintiffs filed an amended complaint and Hess moved to dismiss.  The motion to dismiss was granted in its entirety with prejudice.

Gerber
A putative nationwide class action suit was filed against Gerber Products Company (Gerber) and Nestlé USA (NUSA), alleging unlawful, deceptive, and misbranded labeling of baby food products. Plaintiff asserted claims for violation of California's Unfair Competition Law, False Advertising Law and its Consumer Legal Remedies Act, as well as the Magnuson-Moss Warranty Act, the Song-Beverly Consumer Warranty Act, and for unjust enrichment. The court dismissed all claims against NUSA, all but the consumer protection claims against Gerber and narrowed the products at issue. In January 2014, the court denied the plaintiff’s motion for class certification in favor of our client.

True Religion Apparel, Inc.
Representation of True Religion Apparel, Inc. in a long-running, multijurisdictional litigation with parallel proceedings in the US District Court of Los Angeles and the Tokyo District Court. Drawing on our combined strengths in both Japan and the United States, our global disputes team defeated an alleged breach of contract case involving the Japanese and Korean luxury goods apparel markets by a distributor, ARE Inc.

Cruz City 1 Mauritius Holdings
We represent Cruz City 1 Mauritius Holdings in a dispute with a real-estate developer concerning a development in Mumbai. After obtaining arbitral awards for US$300 million in three related LCIA arbitrations we commenced multi-jurisdictional enforcement action. In a series of ground-breaking decisions, we obtained orders from the English courts requiring the developer to disclose details of its assets worldwide and to pay US$325 million into court as a condition of any appeal against the disclosure order. We then obtained a worldwide freezing order and receivership orders over certain of the developer's overseas assets. Enforcement proceedings were also commenced in the Isle of Man, India, Mauritius and Cyprus.

Chinese textile sellers
When a group of Chinese textile sellers found themselves unable to prevail against a Russian bank in the matter of the validity of SWIFT messages that confirmed opening of letters of credit, White & Case stepped in with an innovative argument that shifted the burden of proof away from the client and onto the bank. Our arguments were so successful that the clients not only won the two cases they brought us but were able to have the judgments overturned in two other cases they had lost previously. These disputes are the first of their kind and will have major significance for the practice of cross-border payments involving Russia.  This matter was ‘commended’ in the Financial Times Innovative Lawyer Awards, 2014.

A leading global financial institution
White & Case is advising a leading global financial institution in investigations by the European Commission, the US Department of Justice, the US CFTC, the UK FCA and the Monetary Authority of Singapore (MAS) on the setting of LIBOR, EURIBOR and SIBOR. We are also advising the bank in relation to the ongoing ‘Forex’ investigation across multiple jurisdictions.

A leading German bank
White & Case advised a leading German bank in a €280 million victory relating to a major corporate/M&A contractual dispute. We achieved a successful outcome for our client before the Higher Regional Court (OLG) of Frankfurt am Main in an action for compensation involving numerous key figures in German credit institutions as well as the banking supervisor and the National Association of German Banks.

Çukurova
We represent Çukurova, the well-known Turkish conglomerate, in a long-running dispute with Russia's Alfa Group concerning the ownership of a controlling shareholding in Turkcell Iletisim A.S., Turkey's largest mobile phone company. Following six years of litigation, two trials and numerous hearings at all appellate levels, in January 2013, a Privy Council ruling confirmed that Çukurova was entitled to redeem its shares (Alfa's security for its original loan). A further hearing in March 2013 on liability for interest resulted in Çukurova paying US$1.5 billion, less than half the amount ATT claimed was payable, in order to reclaim its controlling interest in Turkcell.  Our seven-year campaign of litigation resulted in Çukurova successfully redeeming the shares in July 2014.

Commercial Litigation
About

Resolving our clients' complex commercial litigation challenges
Commercial disputes around the world are becoming more difficult to navigate. Expanding international businesses, changing regulatory requirements, increasing corporate scrutiny and complex cross-border transactions are among the drivers. Regardless of origin, the stakes can be high, with a potential global impact. Organizations and individuals look to proactively reduce their risk. When matters arise, bringing them to a close in a cost-effective and efficient manner is the goal.

In reaching this goal, experience is paramount. We represent clients in all stages of domestic and international litigation, in established and emerging markets. Our integrated practice structure provides clients with strong support, no matter where they are. We regularly collaborate with our lawyers who are skilled in antitrust, international arbitration, intellectual property and environmental law, as well as our industry professionals.

Litigators across our Firm have represented clients before all types of trial, appellate, regulatory and alternative dispute resolution tribunals around the world. We are also well-known for our strength in class action work. An additional core strength is our ability to advise in relation to growing regulatory requirements in the UK, the United States and Europe.

From the onset of a dispute through to resolution, we help our clients make well-informed decisions. We advise the world's leading financial institutions, largest corporations, sovereign governments, executives and directors. They trust us to guide them through their most significant litigation challenges. Our experience in cross-border contentious matters, technical capabilities and strong geographic coverage gives us the insight to advise them through the complex issues that can accompany large and sophisticated transactions.

Risk management and compliance are key to avoiding disruptive, large-scale litigation. We help our clients implement measures to ensure that, wherever possible, they do not become embroiled in disputes. If a dispute arises, we ensure that they are equipped with the resources, experience and knowledge to reach a prompt and successful resolution.

 

AWARDS

Clients praise this firm’s extensive network, "which enables the team to handle domestic and international litigation seamlessly."
Chambers Global 2013

"Outstanding litigation teams across Europe… Noted for its experience in emerging markets and offshore jurisdictions."
Chambers Europe 2014, Dispute Resolution - Europe-wide

"'A very strong partner-led group. Very experienced and tenacious litigators… .'"
Chambers UK 2014

"Broad expertise with the ability to draw upon its extensive resources both nationally and globally."
Chambers USA 2014

"Clients rate the 'exceptionally high level of service' provided by its ‘very well trained and knowledgeable' team."
The Legal 500 Asia-Pacific 2013

Experience

Facebook
White & Case is Facebook's outside counsel responsible for handling all of its international (i.e., non-US based) litigation needs. We have handled lawsuits for Facebook in more than 35 separate countries, successfully handling cutting-edge issues involving hosting provider and intermediary liability, e-commerce, digital media, as well as issues involving foreign and domestic contract, privacy, defamation, free speech, trademark, copyright infringement, unfair competition, employment, taxation and anti-spamming laws. Additionally, we have represented the social media company in a multitude of matters around the world—including the UK, Netherlands, India and France–arising out of data protection concerns.

LightSquared LP
Representation of the Ad Hoc Secured Group of LightSquared LP lenders (the Group) in the bankruptcy proceedings of LightSquared Inc. and certain of its subsidiaries, currently pending in the Bankruptcy Court for the Southern District of New York. The Group comprises secured creditors of LightSquared LP, the debtors' operating company, and is the most significant creditor constituency in the case. We have represented the Group in virtually all litigation since May 2012. Most recently, together with counsel for the debtors, we succeeded in obtaining a ruling equitably subordinating the debt held by SP Special Opportunities, LLC, a special-purpose entity.

Hess Corporation
We represent Hess Corporation in a putative class action. Plaintiffs alleged that various third-party trucking companies, unbeknownst to Hess, mixed Hess heating oil with used motor oil and delivered it to Hess customers over a four-year period. Their suit brought contract, warranty, consumer fraud, negligence, and unjust enrichment claims against Hess.  The judge dismissed the consumer fraud, negligence, and unjust enrichment claims with prejudice and gave plaintiffs the opportunity to replead only their contract and warranty claims.  Plaintiffs filed an amended complaint and Hess moved to dismiss.  The motion to dismiss was granted in its entirety with prejudice.

Gerber
A putative nationwide class action suit was filed against Gerber Products Company (Gerber) and Nestlé USA (NUSA), alleging unlawful, deceptive, and misbranded labeling of baby food products. Plaintiff asserted claims for violation of California's Unfair Competition Law, False Advertising Law and its Consumer Legal Remedies Act, as well as the Magnuson-Moss Warranty Act, the Song-Beverly Consumer Warranty Act, and for unjust enrichment. The court dismissed all claims against NUSA, all but the consumer protection claims against Gerber and narrowed the products at issue. In January 2014, the court denied the plaintiff’s motion for class certification in favor of our client.

True Religion Apparel, Inc.
Representation of True Religion Apparel, Inc. in a long-running, multijurisdictional litigation with parallel proceedings in the US District Court of Los Angeles and the Tokyo District Court. Drawing on our combined strengths in both Japan and the United States, our global disputes team defeated an alleged breach of contract case involving the Japanese and Korean luxury goods apparel markets by a distributor, ARE Inc.

Cruz City 1 Mauritius Holdings
We represent Cruz City 1 Mauritius Holdings in a dispute with a real-estate developer concerning a development in Mumbai. After obtaining arbitral awards for US$300 million in three related LCIA arbitrations we commenced multi-jurisdictional enforcement action. In a series of ground-breaking decisions, we obtained orders from the English courts requiring the developer to disclose details of its assets worldwide and to pay US$325 million into court as a condition of any appeal against the disclosure order. We then obtained a worldwide freezing order and receivership orders over certain of the developer's overseas assets. Enforcement proceedings were also commenced in the Isle of Man, India, Mauritius and Cyprus.

Chinese textile sellers
When a group of Chinese textile sellers found themselves unable to prevail against a Russian bank in the matter of the validity of SWIFT messages that confirmed opening of letters of credit, White & Case stepped in with an innovative argument that shifted the burden of proof away from the client and onto the bank. Our arguments were so successful that the clients not only won the two cases they brought us but were able to have the judgments overturned in two other cases they had lost previously. These disputes are the first of their kind and will have major significance for the practice of cross-border payments involving Russia.  This matter was ‘commended’ in the Financial Times Innovative Lawyer Awards, 2014.

A leading global financial institution
White & Case is advising a leading global financial institution in investigations by the European Commission, the US Department of Justice, the US CFTC, the UK FCA and the Monetary Authority of Singapore (MAS) on the setting of LIBOR, EURIBOR and SIBOR. We are also advising the bank in relation to the ongoing ‘Forex’ investigation across multiple jurisdictions.

A leading German bank
White & Case advised a leading German bank in a €280 million victory relating to a major corporate/M&A contractual dispute. We achieved a successful outcome for our client before the Higher Regional Court (OLG) of Frankfurt am Main in an action for compensation involving numerous key figures in German credit institutions as well as the banking supervisor and the National Association of German Banks.

Çukurova
We represent Çukurova, the well-known Turkish conglomerate, in a long-running dispute with Russia's Alfa Group concerning the ownership of a controlling shareholding in Turkcell Iletisim A.S., Turkey's largest mobile phone company. Following six years of litigation, two trials and numerous hearings at all appellate levels, in January 2013, a Privy Council ruling confirmed that Çukurova was entitled to redeem its shares (Alfa's security for its original loan). A further hearing in March 2013 on liability for interest resulted in Çukurova paying US$1.5 billion, less than half the amount ATT claimed was payable, in order to reclaim its controlling interest in Turkcell.  Our seven-year campaign of litigation resulted in Çukurova successfully redeeming the shares in July 2014.