Litigation

• Representing the defendant, a Colorado company, in patent infringement litigation in federal court in Delaware.
• Representing the defendants, a Canadian company and its U.S. subsidiary, in parallel U.S. District Court and U.S. Bankruptcy Court litigation related to two asset sale transactions involving bankrupt companies in the election services industry.
• Representing three defendants in class action shareholder litigation in the Delaware Chancery Court concerning the merger of two publicly-traded Colorado companies.
• Representing a defendant in class action shareholder litigation in Colorado federal and state courts concerning the purchase of a publicly-traded Colorado company.
• Representing the defendant, a Massachusetts company, in post-trial proceedings and in the U.S. Tenth Circuit Court of Appeals, on claims for breach of contract and breach of fiduciary duty.
• Representing the plaintiff, a Colorado company, on claims for breach of contract, trademark infringement, and deceptive trade practices against a former executive and his new company.
• Representing the Colorado-based plaintiffs in a suit against a Hong Kong conglomerate for securities fraud, fraud, and breach of contract related to a cable television franchise in Hong Kong. After an 11 week jury trial, the plaintiffs won a $125.5 million jury verdict. Before trial, successfully defended interlocutory proceedings on defendants’ motion to compel arbitration in U.S. District Court, the 10th Circuit Court of Appeals, and the U.S. Supreme Court. After trial, successfully defended the judgment in the Court of Appeals and the Supreme Court, which affirmed 9-0. Through use of turnover and contempt proceedings, forced the defendants to post a supersedes bond pending appeal, which ensured that after the appeals were over, the plaintiffs would recover the $200 million in damages, interest, and attorneys’ fees to which they were entitled.
• Representing the claimant and working with Panamanian counsel in a dispute under Panamanian law arising out of an investment in Panama.
• Representing various defendants and working with Israeli counsel in a breach of fiduciary and minority shareholder rights lawsuit in the District Court of Tel Aviv-Jaffa, Israel.
• Representing the claimant, a Dutch company, and supervising and leading a team of English solicitors and barristers in a suit against a commercial and investment bank in the High Court of Justice, Chancery Division, London. The case, in which there was approximately $2 billion in dispute, concerned the extent to which a bank may compete against its customer when the customer has provided the bank with confidential information about the customer’s business and business plans. The English Court of Appeal upheld a preliminary injunction in favor of the client, and barred the bank from disposing of an asset that the client contended was acquired in violation of the bank’s duties.

Arbitration (as advocate)

• Representing the respondents in a CIArb Rules arbitration under English law involving claims for breach of a contract for services allegedly performed in multiple jurisdictions around the world.
• Representing the claimant in an ICC arbitration under English law in a dispute with an English company over satellite launch services.
• Representing the claimant and counterclaim-respondent in an ICC arbitration under New York law against the wholly-owned subsidiary of a Spanish company in a dispute involving a solar energy project.
• Representing the respondent, a Wisconsin company, in a British Columbia International Arbitration Centre arbitration against a British Columbia company in a dispute under British Columbia law over software development.
• Representing the claimant, a German company, in an ICC arbitration under German law against a California company in a dispute over chargeback fines in e-commerce transactions.
• Representing the respondent and counterclaimant, a German company, in an ICC arbitration under German law against a California company in a dispute over electronic payment processing for e-commerce transactions.
• Representing the claimant, a Colorado company, in an ICDR arbitration under New York law against a Mexican company in a dispute over a post-closing purchase price adjustment related to the sale of a broadband telecommunications system.
• Representing the claimant, a Colorado company, in an ICC arbitration under English law against a Saudi Arabian company in a dispute related to an MMDS television project.
• Representing the claimant, a California company, in a non-administered AAA Commercial Rules arbitration under New York law seeking a post-closing purchase price adjustment in connection with the sale of a biodiesel plant.
• Representing a Texas company in multiple non-administered AAA Commercial Rules arbitrations for breach of contract under New York law against another Texas company related to the sale of natural gas assets, including claims for a post-closing working capital adjustment.
• Representing the claimant, a Colorado company, in an AAA Commercial Rules arbitration for breach of contract under California law against a California company in a dispute arising from the sale of components for electric vehicles.

Arbitration (as arbitrator)

• Acting as sole arbitrator in an AAA arbitration in a dispute under California law for breach of a loan agreement and guaranty.
• Acting as panel chair in an ICDR arbitration in a dispute under Texas law between a multinational company and Taiwanese and U.S. companies on claims concerning parts manufactured for a power plant in Asia.
• Acting as sole arbitrator in an ICDR arbitration in a dispute under Mexican law between a British Columbia company and a Texas company and its Mexican subsidiary on claims related to a mining venture in Mexico.
• Acting as sole arbitrator in an ICC arbitration in a dispute under Colorado law between a Colorado company and a Texas company on claims for breach of a contract for the sale of specialty chemicals.
• Acting as sole arbitrator in an ICDR arbitration in a dispute under English law between a Singapore company and a Texas company on claims for breach of a contract for the sale of goods related to an offshore oil terminal in Asia.
• Acting as sole arbitrator in an ICDR arbitration in a dispute between various individuals and an Ontario company on claims for breach of contract arising out of share purchase agreement involving a company in the healthcare industry.
• Acting as a panel member in an AAA arbitration in a dispute under Colorado law between the members of a Colorado limited liability company over amounts owed to a withdrawing member.
• Acting as panel member in an AAA arbitration in a dispute under North Carolina law regarding contracts for the sale of coal.