2016 Annual Review
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2016 Annual Review

2016 Disputes Matters

In venues around the world, we represented clients in a broad variety of arbitrations and disputes, helping them to achieve their business goals and defeat costly claims.


Landmark resolution of Argentina sovereign debt dispute

We represented tens of thousands of Italian bondholders in a US$1.3 billion settlement with Argentina that resolved a decade-long dispute under the Italy-Argentina bilateral investment treaty. The case was a landmark for the use of mass claims in the context of international arbitration. The settlement was a pioneering breakthrough in the resolution of Argentina's long-running sovereign debt default with the Argentine finance minister announcing it as the "first step in the normalization of Argentina's relationships with the international capital markets."

Securities class action against Toshiba dismissed

We won dismissal of a securities class action in US federal court in California against Toshiba Corporation. At issue: Does the US Exchange Act apply to foreign issuers of stock (in this case Toshiba) referenced in unsponsored American Depositary Receipts or otherwise available in US over-the-counter trading? The court ruled the Act doesn't apply extraterritorially if the security is traded in the US only on an OTC market and the foreign issuer wasn't involved in the domestic transaction in the relevant security.

Republic of Peru victory in US$1 billion arbitration

We secured a major victory for longstanding client the Republic of Peru in the first case under the US-Peru Trade Promotion Agreement. The Renco Group, Inc. brought claims approaching US$1 billion in connection with a privatized metallurgical facility in Peru. The UNCITRAL tribunal accepted Peru's first line of defense and dismissed the case for lack of jurisdiction.

Employment discrimination action dismissed

In a significant victory for continuing to protect client Saudi Aramco's sovereign immunity in US litigation, we obtained dismissal with prejudice of an employment discrimination lawsuit in US federal court brought against Saudi Aramco by a plaintiff alleging he suffered US$3 to US$5 billion in damages while working for an indirect subsidiary of Saudi Aramco.

Trade secret misappropriation victory

We represented US steel manufacturer Valbruna in a first-of-its-kind trade secret misappropriation 337 action. A former employee stole Valbruna trade secrets and sold them to an Indian steel company, which then misappropriated the secrets and imported goods utilizing those secrets into the United States. At the ITC, we won an order barring the Indian steel company from importing its stainless steel products into the US for more than 16 years.

Favorable global settlement in high-stakes arbitration

We advised Consortium Japonais pour I'Autoroute Algérienne (COJAAL), a consortium of major Japanese contractors, on reaching a global settlement agreement with the Algerian State and State agency Agence Nationale des Autoroutes, in a multibillion-dollar ICC arbitration brought by COJAAL regarding the construction of a 400-km highway stretch in Algeria.

Google Inc. and YouTube, LLC victory in streaming video patents lawsuit

We represented Google Inc. and YouTube, LLC in a patent infringement case brought by VideoShare LLC in the District of Delaware, obtaining a judgment on the pleadings that all asserted claims of both patents-in-suit were directed to patent-ineligible subject matter and dismissing the case.

Korean arbitration required in international commercial dispute

We won an order for Hyundai Motor Company from US federal court compelling arbitration in Korea of wrongful dealership termination and related claims asserted by a former sole distributor of Hyundai vehicles in Jamaica, which had sought resolution of the dispute in US court rather than in Jamaican court.

No patent infringement by UCB for selling Cimzia®

A US federal appeals court affirmed a lower court's decision that our client UCB, Inc. had not infringed Yeda Research and Development's patent directed to monoclonal antibodies by selling its biologic drug Cimzia®,  which had US sales exceeding US$1 billion in 2015.

Price fixing claims defeated

We represented US drywall manufacturer CertainTeed, winning summary judgment for it, with the dismissal of antitrust allegations that it had colluded with other US drywall manufacturers to raise and fix prices of gypsum board illegally. CertainTeed was the only defendant to win summary judgment.

France’s highest court upholds €500 million-plus ICC arbitral award

The French Court of Cassation upheld a €500 million-plus ICC arbitral award for our client Commisimpex against the Republic of the Congo, ending the substantive phases of a €1 billion worldwide dispute spanning more than three decades.


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