Resolving International Crises and Outmaneuvering Opponents Around the Globe
Kasowitz is a global leader in complex international disputes and cross-border litigation matters. We have extensive experience in international matters concerning civil and criminal fraud and financial misconduct, complex commercial litigation and arbitration, and judgment enforcement and enforcement defense.
We are known for our deep roster of international private clients, for whom we protect and defend assets, manage and coordinate international litigation and local counsel, and manage reputational issues across multiple jurisdictions. We quarterback our international private clients’ global litigation strategies, and handle related crisis communications efforts, and typically team with best-in-class local practitioners, ensuring that clients receive seamless advice and representation across jurisdictions.
We have led numerous major cross-border litigations for individual and corporate clients located around the world, including in Central and South America, the United Kingdom and Europe, Russia, the Middle East, South East Asia and the Far East.
We also regularly lead international arbitrations, advising on all stages of the arbitration process, including pre-arbitral negotiations, the conduct of arbitral proceedings, and advocacy at hearings. Our lawyers are included in the lists of recommended arbitrators for foreign arbitration centers, and have been routinely appointed as arbitrators to hear disputes throughout the world.
Our work in international disputes includes inbound work involving international clients dealing with issues (both private and governmental) in the U.S., and outbound matters involving coordinating clients’ responses to international threats (from both private actors and governments).
The core members of our International Disputes team are consistently recognized by leading publications for their work in this area, including firm founder and managing partner Marc Kasowitz, who is recognized as one of the nation’s top litigators by Chambers USA, Benchmark Litigation, The Legal 500, The American Lawyer, The Globe and Mail, Law360 and Lawdragon 500, among others. Rob Rathmell, Co-Chair of Kasowitz’s International Disputes team, is ranked Band 1 for Financial Crime: High Net Worth Individuals in the UK in Chambers’ High Net Worth Guide, as well as recognized as a leading lawyer in The Legal 500, Spear’s 500, Legal Week’s Private Client Global Elite, Who’s Who Legal and Citywealth.
Teva Pharmaceuticals, an Israeli-based multinational pharmaceutical company, and its individual directors and officers in defense of one of the largest securities class actions in recent history as well as the more than 20 related direct actions, filed on behalf of more than 75 opt-out plaintiffs. The class action was settled in 2022 within insurance limits.
Teva Pharmaceuticals, and its U.S. subsidiary Actavis, in defense of antitrust actions commenced by the State Attorneys General for 48 states, 28 civil antitrust class actions and multiple direct actions, consolidated in an MDL in the Eastern District of Pennsylvania that alleges price-fixing of over 100 generic drugs.
Teva Pharmaceuticals in defending against a federal indictment alleging price-fixing.
TPG, a leading global alternative asset manager, in a dispute in the High Court of London relating to a bond default by Greek telecoms operator TIM Hellas that occurred years after TPG had sold its interests in Hellas to Weather Telecommunications. Bondholder claimants had asserted UK Insolvency Act claims for fraudulent trading and prejudicing creditors, alleging that TPG knew that the refinancing under which the bonds were issued would render the company insolvent. On the fifth day of what was set for a six-week trial before the High Court of London, the bondholder claimants completely abandoned their claims against all of the TPG-related respondents. TPG and the other defendants were collectively awarded approximately $10 million in costs. In related litigation, Kasowitz obtained seven dismissals of claims against TPG in New York state and federal courts, affirmed on appeal to the New York Appellate Division and Second Circuit, respectively, including a sanctions award in favor of TPG.
Pilgrim’s Pride, a multi-national food company, in resolving criminal claims relating to the U.S. Department of Justice Antitrust Division’s high-profile investigation into alleged price fixing in the poultry industry.
Jho Low, an international businessman, in global legal matters arising out of the “1MDB” matter, which involve criminal charges and civil asset forfeiture proceedings brought by the U.S. Department of Justice (DOJ), as well as additional legal action from authorities located in Switzerland, Saudi Arabia, the United Arab Emirates, Singapore and various other countries, involving several billions of USD in controversy. We have resisted ongoing forfeiture and confiscation efforts for several years, and engaged in counter-offensive litigation in the Cayman Islands and New Zealand to secure more favorable positioning for the family’s assets.
Several executives of Unaoil, a company operating in the Middle East, Central Asia and Africa, in providing a strategy to release and protect assets in the U.S., the UK, the Cayman Islands and several other offshore jurisdictions in light of a foreign bribery investigation being conducted by the DOJ and UK authorities. In a major victory, we helped secure an order from a court in an offshore jurisdiction allowing for the replacement of the trustee at the request of the trust settlor and the distribution of once frozen funds.
A prominent European businessperson in exploring offensive litigation strategies against adversaries conducting a derogatory public relations campaign by alleging the client’s involvement in a money laundering investigation being conducted by Spanish authorities, as well as deploying various reputation management efforts to aid the client’s factual and legal defenses.
A government source in successfully protecting highly sensitive, confidential information sought by Russian defendants in a civil money laundering and fraud lawsuit brought by the U.S. government.
Fairfax Financial Holdings, the largest insurance company in Canada, in recovering $31 million, including winning a jury verdict of $5.4 million in compensatory damages against hedge fund Exis Capital and a $5.5 million jury verdict in punitive damages against Exis Capital and two former executives in a New Jersey RICO case involving blatant insider trading, market manipulation and short selling attacks by hedge funds and investment firms. Defendant Morgan Keegan settled with Fairfax for $20 million shortly before trial. Fairfax secured additional settlements with other defendants.
Ford Motor Company in obtaining affirmative recoveries in connection with price-fixing, bid-rigging and customer allocation cartels involving more than 90 automotive parts suppliers, and impacted purchases in North America, Europe, Asia, Africa and South America, described by the Antitrust Division of the U.S. Department of Justice as its largest criminal antitrust investigation, resulting in nearly $3 billion in criminal fines.
The heirs to the Herzog collection, the largest private art collection in Hungary prior to World War II, in a lawsuit against the Hungarian government seeking the return of more than 40 artworks with an estimated combined value of more than $100 million. In 2022, for the third time in over a decade of litigation, Kasowitz succeeded in persuading the U.S. Court of Appeals for the D.C. Circuit to sustain jurisdiction over Hungarian state museums holding valuable works of art from the Herzog Collection that were looted by Hungary and its Nazi allies during World War II.
A leading international insurance company in successful resolution of an international arbitration proceeding governed by The Danish Institute of Arbitration rules of arbitration procedure concerning a nine-figure coverage dispute under a professional indemnity insurance policy.
XP Investments US, the U.S.-based affiliate of one of Brazil’s largest asset managers, and its former Chief Executive Officer in an appellate victory. The New York Appellate Division, First Department, unanimously affirmed the trial court’s dismissal of a $75 million fraud claim brought by XP Investment’s former head of the Asia Derivatives desk, who alleged that he was fraudulently induced to join XP Investments.
UniCredit, a leading European bank defending class and individual actions in jurisdictions throughout the country in connection with tax shelter transactions.
Air New Zealand, New Zealand’s national airline, in the Air Cargo and Transpacific Passenger multi district antitrust cases.
Royal Bank of Canada in successful litigation concerning the waterfall provisions of certain RMBS.
FDIC, a sovereign corporation owned by the Republic of South Korea, in two ICC arbitrations involving over $1 billion in financial assistance. Arbitrations were under Korean law.
Basic Element Company, a leading Russian industrial conglomerate, in pursuing securities fraud claims for insider trading and market manipulation against a major United States investment bank stemming from the liquidation of a more than $1 billion dollar stake in a Canadian auto parts manufacturer.
Global A&T Electronics, a large Singapore semiconductor company, in successful litigation involving its debt issuances.
Industrial manufacturers, including Toyota Tsusho Corporation, Tomen America, Transammonia, Trammochem, Transgrain Shipping, Grupo Celanese, Acetex Corporation and Millenium Petrochemicals, in several international arbitrations arising from a parcel tanker price-fixing conspiracy alleging violation of the Sherman Act as well as unfair competition. These cases were settled confidentially.
Several leading international insurance companies in an arbitration against other excess insurers concerning which policies may provide cover to multiple class action lawsuits.
A lender in a dispute with The Royal Bank of Scotland relating to United Kingdom’s Liverpool Football Club, which was sold to a group led by the owner of the Boston Red Sox.