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 United Kingdom, 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.
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AWARDS & RECOGNITION
"An obvious choice to turn to for international disputes."
Chambers Global 2020– client quote
"They have a diverse and impressive litigation practice, with a team of skillful lawyers drawn from a variety of backgrounds and providing work that is always of excellent quality."
Chambers UK 2020 – client quote
"Fantastic…they are super responsive, thoughtful and meticulous in their work product. The quality of their work is top-notch."
Chambers USA 2020– client quote
"They have a deep understanding of applicable international laws for complex matters spanning multiple jurisdictions and areas of law, combined with a strong ability to rapidly bring to bear very highly skilled resources in complex matters."
Chambers Global 2019 – client quote
"It's a winning, dedicated and very talented team with great bench strength. They're very client-focused, are good listeners and provide the desired results and outcomes."
Chambers USA 2019 – client quote
"They have lawyers of the highest calibre and can mobilise highly skilled and motivated teams that provide a first-class service to clients."
Chambers Asia-Pacific 2018
Experience
Facebook, ongoing
We serve as Facebook's sole outside counsel, responsible for handling all of its international (i.e., non-US-based) litigation needs, including matters implicating international data protection, privacy, defamation, hosting provider liability, intellectual property and censorship laws. Relying on the power of our global network, we have handled lawsuits for Facebook in more than 150 countries, spanning six continents. We not only successfully defend our clients in global litigation, but we also proactively persuade and educate courts, plaintiffs and government authorities on novel issues and new areas of law in order to create a more favorable legal environment for our clients.
Pilot Flying J, ongoing
We represent Pilot Travel Centers LLC, d/b/a Pilot Flying J, the largest over-the-road diesel provider in the US, as national coordinating counsel in more than 20 putative class actions alleging Pilot Flying J withheld rebates or discounts owed to customers based on purchases of diesel fuel. We successfully obtained approval of a nationwide settlement that resolved all the putative class actions. We were also successful in obtaining an order from the Joint Panel on Multidistrict Litigation that consolidated and transferred all of the remaining opt-out federal cases to a single court in the Eastern District of Kentucky. We have now resolved all but two lawsuits, one of which is pending in Ohio state court and one which is pending in Alabama federal court.
Nestlé Purina and Nestlé USA, ongoing
We represent Nestlé Purina PetCare Company (Purina) and Nestlé USA, Inc. (Nestlé), in the defense of separate but related putative class actions. Plaintiffs in each case claimed violations of consumer protection laws arising out of the alleged use of forced and/or child labor in each of the manufacturers' supply chains. The Central District of California and the Northern District of California respectively granted each of our motions to dismiss with prejudice, one of which was the first motion to dismiss decided in a string of related cases filed against the nation's leading food and pet food manufacturers. We are representing both manufacturers in their individual Ninth Circuit appeals.
A leading global financial institution, ongoing
We are 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. A multi-office team has been advising the bank in these cross-border investigations, coordinating action and the bank's responses to the various regulatory authorities involved. Our work also covers advice and assistance during and following a dawn raid by the European Commission.
Major Korean bank, ongoing
We represent a major Korean bank as plaintiff in US litigation stemming from one of the largest cases of fraud in Korea's history. At least ten Korean banks, including our client, allege that they were defrauded in the aggregate of hundreds of millions of dollars based on US$3 billion in trade credit loans made to a once-prominent Korean manufacturer of computers and home appliances. Our client suffered millions of dollars in losses as a result of the distributor's elaborate scheme of circular transactions, in which it participated with a third-party electronics manufacturer.
Çukurova, ongoing
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 İletişim A.S., Türkiye'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. Despite this conclusion being reached, we continue to work on numerous other aspects of this case for Çukurova, including representation in relation to its ongoing disputes with Alfa and the enforcement of a US$1 billion arbitration award against Çukurova in the British Virgin Islands.
Major French bank, ongoing
We are assisting a major French bank faced with criminal and civil charges of commercial malpractice (duty of information, duty to warn, duty of advice, unfair term, legality of escalator clause) in the context of a class action brought by consumer associations and hundreds of individuals, relating to a portfolio of real estate loans which were granted to individuals in a foreign currency. Proceedings are under criminal investigations and are pending before the civil and commercial courts. We are also providing legal advice on regulatory issues connected with the charges.
