Our litigators represent parties involved in cross-border litigation, often in circumstances where parallel proceedings may be pending in the courts of another country. In this regard, our attorneys utilize a significant and longstanding network of top foreign law firms and practitioners in jurisdictions outside the United States to assist, as necessary.
The issues that often arise in these cases include personal jurisdiction over foreign companies sued in the United States; choice of law and choice of forum questions; the application of the Foreign Sovereign Immunities Act; and the interplay between United States and foreign litigation proceedings. As a result of our experience in these issues, we can provide immediate guidance and direction in this area without “reinventing the wheel.”
Representative matters we have handled include the following:
- Representation of party in Hong Kong litigation (involving a dispute over the control and governance of the largest publicly-held REIT in Hong Kong) in proceedings to take U.S. discovery under 28 U.S.C. § 1782.
- Representation of British Sky Broadcasting in connection with damage claim arising out of video-on-demand licensing arrangement for continental Europe.
- Representation of French retail conglomerate in action against Google seeking disclosure of the identity of the author of anonymous emails which were directed at interfering with proposed corporate transaction.
- Three-month jury trial involving German publishing giant Bertelsmann, AG in highly publicized $3.5 billion lawsuit by former “promoters” and “developers” of electronic commerce joint venture for a share of the venture’s profits; case was tried under German law to an American jury and involved, among other issues, the meaning and interpretation of German language documents.
- Representation of individual Mexican guarantor of loans made by California bank to Mexican corporate borrowers; case involved parallel proceedings in the US and Mexico and resolution of questions arising under Mexican commercial law.
- Representation of leading French software developer in US trade secrets and copyright infringement litigation involving misappropriation of video game technology.
- Representation of Los Angeles branch of the Goethe Institute, the German cultural affairs agency, in connection with tort claims filed in US District; obtained dismissal of Institute and its employee under The Foreign Sovereign Immunities Act.
- Representation of South African citizens in connection with US federal securities claim arising from cross-border securities transaction; achieved dismissal of claims based on forum non convenient.
- Representation of Alain Renoir, grandson of artist Pierre-Auguste Renoir, in connection with international copyright dispute filed in US court relating to the ownership of Renoir’s sculptures.
- Representation of Jacques Cousteau and The Cousteau Society in highly publicized trademark infringement and dilution action involving the right to use the name of “Cousteau”; defendants included Jean-Michel Cousteau, Post Ranch Inn and owner of the Cousteau Fiji Islands Resort. Obtained preliminary injunction from U.S. District Court; parallel proceedings in Fiji.
- Representation of U.S. regional bank in proceedings to domesticate and collect Hong Kong judgment against former borrower.
- Representation of franchisee of French conglomerate in international franchise dispute involving novel questions of jurisdiction and application of California Franchise Investment Law; case involved parallel proceedings in the US and in France; achieved summary judgment on franchise issues in client’s favor, resulting in highly successful resolution of client’s claims.
- Representation of the Government of Romania and its trade and export agency in resisting enforcement of U.S. District Court judgment obtained in commercial action; case involved the application of Foreign Sovereign Immunities Act.
- Representation of Mexican travel and leisure conglomerate in connection with trademark action filed in US courts.