Private Clients—Commercial Enterprises, MDBs, and Prominent Individuals

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The following are some examples of our international representations of commercial clients, MDBs, and prominent individuals.  These representations involved litigation in trial and appellate courts in the U.S. and overseas; negotiations with private entities and government authorities; and international arbitration.   Because of the sensitivity surrounding many international disputes and the desire of several clients for confidentiality, we have not included identifying information for many of these matters.   

             

Infrastructure and Telecommunications

 

• Represented political risk insurer in resolution of disputes between the project enterprise and the government of Djibouti relating to the expansion and privatization of the port
   

• Represented political risk insurer in resolution of dispute relating to the offtake agreement for a desalination project
   

• Represented political risk insurer in resolution of disputes between the project enterprise and an agency of the Egyptian government relating to payment obligations regarding the privatization of solid waste operations
   

• Represented political risk insurer in resolution of dispute between government and the project operator relating to the operation of a solid waste management concession
   

• Represented political risk insurer in resolution of disputes among a private cellular telephone company, the guarantors of the financing provided to the company, and the government of Benin relating to the issuance of operating licenses for the company and the amount and funding of licensing fees payable by the company
   

• Successfully defended African state-owned telecommunications company against commercial and international law claims brought by an American company
   

• Represented political risk insurer in resolution of dispute among the project investor, the Ministry of Finance, and the telecommunications regulator relating to payment obligations, licensing issues, and service limitations associated with the provision of wireless telecommunications services

 

Energy

 

• Represented political risk insurer in resolution of dispute between the national government and the equity investor in a two-phase geothermal power project 
   

• Successfully defended expropriation exposure and restructured $600 million project finance debt on behalf of a U.S. Export Credit Agency in a potential expropriation by a Southeast Asian nation for breach of contract, regulatory takings, denial of judicial due process, and other expropriation theories in violation of international law
   

• Represented political risk insurer in resolution of dispute between the Ministry of Energy and the project operator relating to rate setting, grid regulation and expansion, and additional investment in connection with an electric power distribution concession
   

Financial Sector

       

• Achieved favorable decision on behalf of U.S. bank from a South Asian country’s banking and securities agencies, which declined to bring civil and criminal charges against the bank after its affiliated, South Asian money market fund committed fraud and theft
   

• Represented political risk insurer in resolution of dispute relating to expropriation of a financial services company
   

• Represented a microfinance investment company in connection with the restructuring of a fund that supports microfinance loans

 

Extractive Industries

 

• Successfully defended Canadian company in U.S. federal trial and appellate courts against novel claim brought by U.S. citizens that Canadian company accused of trafficking in raw materials derived from expropriated property in violation of international law
   

• Represented political risk insurer in resolution of a dispute between the project operator and the government relating to the operation of a gold, silver, and copper mine
   

• Represented political risk insurer in resolution of claims of equipment expropriation and damage resulting from political violence
   

• Represented governmental agency lender in connection with a multi-million-dollar loan to finance an off-shore diamond mining and processing project

 

Product Liability

 

• Successfully defended Japanese automobile manufacturer in multi-district, product liability class actions in both U.S. state and federal trial and appellate courts
   

• Successfully defended a U.S. chemical manufacturer facing potential liability of $4.5 billion in several East Asian countries 
   

• Counseled U.S. company on product liability litigation in Nicaragua and enforcement issues in the United States

 

Hotel and Real Estate

 

• Represented political risk insurer in resolution of disputes between the project investor and the Ministry of Finance relating to environmental issues and governmental funding of payments for project employees in connection with hotel construction
   

• Represented political risk insurer in resolution of claim of political violence involving damage to a hotel
   

• Represented OPIC in connection with the restructuring of a multi-million-dollar loan to finance the building, equipping, and start-up operations of a major hotel
   

• Represented political risk insurer in resolution of dispute between various governmental agencies and the investors in connection with the acquisition, expansion, and modernization of an existing hotel
   

• Appointed mediator in land expropriation dispute

 

Food and Agribusiness

 

• Represented U.S. investors in commercial and expropriation dispute with Ministry of Agriculture and Ministry of Finance over commercial rice farm and processing facility
   

• Represented and achieved settlement on behalf of leading U.S. beef producer seeking access to closed Asian markets on an issue so sensitive that it resulted in rioting in the foreign capital city and almost toppled the government of a close U.S. ally
   

• Represented political risk insurer in the successful defense of expropriation claim regarding a cashew production facility
   

• Represented political risk insurer in resolution of claims relating to political violence, including fires, work disruptions, and equipment sabotage, adversely affecting the sugar processing plant’s operations
   

• Represented political risk insurer in resolution of claim of political violence affecting food processing plant
   

• Represented political risk insurer in the successful defense of and arbitral award with respect to an expropriation claim regarding food production facility

 

Prominent Human Rights Cases

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• Appealed in U.S. federal appellate court novel issues of international law under Rome Statute, laws of war, and TVPA on behalf of families of U.S. “Churchwomen” murdered in El Salvador
   

• Served as international counsel for Paul Rusesabagina, the hero of the film Hotel Rwanda, concerning his unlawful detention in Rwanda

 

Other

 

• Represented political risk insurer in resolution of dispute relating to expropriation of a computer assembly plant
   

• Represented political risk insurer in resolution of dispute between a private company and the government of Nigeria relating to provision of customs inspection services
   

• Represented political risk insurer in resolution of dispute between the government of Sierra Leone and the project operator relating to governmental payment obligations in connection with security scanning and reporting of imported products