2017 Annual Review
visual tactics drawn on black board
2017 Annual Review


We successfully represented clients in high-stake litigations and arbitrations

US$2 billion chapter 11 mining reorganization
We represented affiliated chapter 11 debtors formed to own and operate a Minnesota integrated iron ore mining and processing facility. After many delays and budget overruns, they filed for bankruptcy protection in Delaware in default under various key agreements with no funding source for completion. We used the chapter 11 process to preserve key agreements, including long-term mineral leases, and obtained a new equity sponsor to effectuate the debtors’ reorganization under their plan confirmed in June 2017 and effective in December 2017.

Immunity granted against €250 million of bankruptcy claims
We achieved a significant victory for Bank Indonesia (BI), the Republic of Indonesia’s central bank, against the bankruptcy trustees of its former Dutch subsidiary, Indover. The Amsterdam Court of Appeal confirmed a lower court’s decision validating BI’s €43 million claim against Indover in the bankruptcy estate, ruled BI was entitled to immunity against the trustees’ claim that BI was liable for all the consequences of Indover’s bankruptcy (approximately €250 million) and voided a conservatory attachment placed on certain BI assets by the trustees.

ICC victory for oil & gas consortium against Middle Eastern state
We won another victory for an Indian/UAE consortium in an ICC arbitration against a Middle Eastern state concerning production sharing agreements (PSAs) in the upstream oil & gas industry. The tribunal allowed our clients to terminate the PSAs based on force majeure and dismissed the state’s US$35 million in counterclaims.

Investment claims
Landmark case regarding cross-border claims
We represented the Lithuanian Ministry of Justice against a RUB 40 billion-plus claim brought by Vladimir Antonov, the former owner of Bankas Snoras, for Lithuania’s alleged expropriation of the bank’s shares. In this landmark case regarding investment claims against foreign states in Russian courts, the Ninth Commercial Appellate Court upheld the termination of the proceedings based on lack of jurisdiction.

Final victory for Allergan in “product hopping” case
We won a final victory for pharmaceutical manufacturer Allergan, Inc. at the US Supreme Court regarding its Doryx® drug in the first US product hopping case won on a full factual record. Plaintiff Mylan had moved the US Supreme Court for a time extension to appeal the US Third Circuit’s affirmation of summary judgment on market definition—the first time ever in a pharmaceutical antitrust suit—and liability, imposing the first judicial limits on “product hopping.” In April 2017, Mylan abandoned its appeal, ending the litigation with a complete victory for Allergan.

US price-fixing class action win
We represented Nestlé Purina in winning dismissal of a putative class action lawsuit alleging that manufacturers of prescription pet food conspired in violation of US antitrust laws and state consumer protection laws.

Intellectual property
Victory for Pfizer and UCB in Toviaz® patent litigation
We successfully represented Pfizer and UCB in a Hatch-Waxman litigation against Mylan concerning the drug Toviaz.® Following trial in the District of Delaware, all asserted claims of the five patents-at-issue were upheld as nonobvious. Accordingly, the Court ordered that the US Food and Drug Administration may not grant final approval of Mylan’s generic version of Toviaz® until 2022, when the last of the five disputed patents expires.

Class actions
IFC wins absolute immunity
We won a second victory for International Finance Corporation (IFC) before the US Court of Appeals for the DC Circuit, which affirmed that IFC was immune from suit under the International Organizations Immunities Act in a class action lawsuit arising out of IFC’s investment in a power project in India.

Toshiba victory in lithium ion batteries class actions
We scored another critical victory for Toshiba in its ongoing defense of various consumer electronics price-fixing cases. A court in the US District Court for the Northern District of California sided with Toshiba and denied certification of two classes of individuals and businesses seeking damages based on alleged price-fixing of lithium ion batteries.

Commercial litigation
Summary judgment reversed in Florida US$300 million-plus dispute
We won a reversal by the Florida Supreme Court of a summary judgment decision against our clients, two private hospitals seeking US$300 million-plus in reimbursements from Sarasota County and the Sarasota County Public Hospital District for medical care provided to indigent patients.



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