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Doing Business in and with Emerging Markets 2016


Speaker(s): Adam Li, Amadeu Ribeiro, Anna Maximenko, Bruno Balduccini, Christian Lippert, David N. Fagan, Erik J. Velapoldi, Ernest Ceberio, Glen D. Weinstein, Glenn P. McGrory, Jaime Robledo, Joseph Wielebinski, Kirtee Kapoor, Malcolm S. McNeil, Mary E. Mulligan, Nick Leone, Steven S. Michaels, Thomas Felsberg, William E. Markstein
Recorded on: Jul. 7, 2016
PLI Program #: 149547

Anna Maximenko is a senior associate in the Moscow office and a member of the Corporate Department. Her practice focuses on M&A, general corporate advice, as well as employment, antitrust, data protection and regulatory issues, including banking, insurance and healthcare & pharmaceuticals.

Prior to joining the firm in 2011, Ms. Maximenko was an associate at the Moscow office of a leading international law firm.?

Ms. Maximenko graduated with honours from the Saratov State Academy of Law in 1999. She is a member of the Non-commercial Partnership for the Support of Competition in Russia.

Ms. Maximenko co-authored the chapters on Russia in the first edition of Global Legal Insights Banking Regulation published by the Global Legal Group Ltd, London and in the first edition of “Executive Compensation & Employee Benefits,” Getting The Deal Through (July 2015). She also co-authored a chapter on Russia in Healthcare Mergers & Acquisitions. Other recent articles include “Russian Pharmaceutical and Medical Devices Market in the First Six Months of 2015: Legal Highlights” CEE Legal Matters (September, 2015), “Between A Rock And A Hard Place: Anti-Corruption Compliance And Antitrust Law In Russia,” CEE Legal Matters (May, 2015), “Russia Issues Detailed Recommendations on Compliance with Russian Anti-Corruption Laws,” Corporate Compliance Zeitschrift (May, 2014), “Russian Anti-Corruption Compliance Concepts Are Familiar,” Law360 (January, 2014), “Keep an Eye on Commercial Bribery in Russia,” Law360 (October, 2013), “Russia’s Answer to the DOJ/SEC FCPA Guidance: The Russian Supreme Court’s Resolution on Court Practice in Bribery Cases and Other Corruption Crimes,” Law360 (October, 2013), “The FCPA in Review – Parts I and II: Release of the Government’s Guidance Caps a Year of Disparate Developments,” Financial Fraud Law Report (April and May, 2013), and “Russia's Anti-Corruption Efforts: The Latest Legislation,” Law360 (July, 2012). Further, Ms. Maximenko assisted the International Chamber of Commerce with translation and launching of the ICC Antitrust Compliance Toolkit in Russia and co-authored the “Scientific-practical commentary to the Federal Law ‘On Protection of Competition’”.

Ms. Maximenko is admitted to practise in Russia and is fluent in Russian and English.



Anna V. Maximenko's Select Representations


Libra Capital in restructuring of its group consisting of investment, management and development companies (including antitrust filings with the FAS of Russia).

Schneider Electric in its acquisition of a 50% interest and further consolidation of 100% stake in ZAO Group of Companies Electroshield – TM Samara.

Zurich Insurance in the sale of Zurich Russia's general insurance business to Olma, and restructuring of its Russian global corporate business.

American International Group in the sale of its stake in OJSC Russian Re to Catlin Group.

Freight One in the acquisition of a rail transport operator from Severstal.

Leading Russian company with listing of securities on the London Stock Exchange in preparation of a comprehensive sanctions compliance policy to ensure the compliance of the company with relevant laws and regulations of the U.S., EU, UK, Switzerland and other relevant jurisdictions.

Forest Laboratories in its supply agreement with a Russian pharmaceutical company.

Sberbank of Russia in a joint venture with Cetelem, the consumer lending division of the BNP Paribas Group.

Uralkali in various antitrust matters related to its business operations following a merger with Silvinit in Russia and worldwide.

One of the major Russian companies in the implementation of antitrust compliance program.

Microsoft Corporation in a case on the abuse of a dominant position initiated against it by the Federal Antimonopoly Service of Russia (FAS) and as a third party in a case initiated by FAS against OEMs.

A leading pharmaceutical company in a compliance review of policies, procedures and practices on free distribution of samples, random sampling,  tenders and provision of discounts.

A leading pharmaceutical company in a contract manufacturing arrangement for the manufacture of a vaccine and its further marketing and sale.

Advising on issues related to the establishment of a kidney dialysis center in Russia.

Leading pharmaceutical companies in the implications of the regulation of the interaction of medical representatives and medical professionals.

A leading pharmaceutical company in a compliance review of employment and migration practices, policies and procedures.

Leading pharmaceutical company in agreements for the conduct of clinical trials.

The Russian subsidiary of a U.S. company in all aspects of its Russian operations, including the marketing and sale of biologically active substances.

Nordic Capital in the transfer of employees from Bristol-Myers Squibb to a new company incorporated during the course of the acquisition by Nordic of a division of Bristol-Myers Squibb.

Médecins Sans Frontières in the licensing of pharmaceutical operations in Russia and provision of medical services.

Assisting leading pharmaceutical companies with FCPA due diligence of its Russian joint venture partner.

Leading pharmaceutical company in employment arrangements in the Far North and other similar regions.

Leading pharmaceutical company in a case of unfair competition.

Advising on the Russian aspects of the proposed acquisition by one of the potential buyers of Solvay Pharmaceuticals.

Schneider Electric in regulatory matters in the course of the consolidation of a 100% stake in Electroshield - TM Samara.

The principal shareholders in the sale of a controlling shareholding in Karo Film Group to a consortium of private equity investors.

Pirelli & C. SpA in its joint venture with Russian Technologies State Corporation to set up a tire manufacturing business with SIBUR Holding.

Société Générale in a record-setting $2.3 billion multi-stage acquisition of Rosbank from Interros Group.

Bank Hapoalim in the prospective acquisition of 78% of SDM Bank.

Nordea Bank in its $313.7 million acquisition of a 75% stake in Orgresbank.

Bank of Cyprus in the $576 million acquisition of an 80% stake in Uniastrum Bank.

A major insurance company on its charter capital increase.

Merger of two Russian major banks.

AIG Russia in establishing a Russian subsidiary of AIG Europe SA.

ALICO in the acquisition of 49% of the shares in AIG Russia from AIG, Inc. and 51% of the shares in AIG Russia from ZAO Master-D.

A major insurance company on the sale of its life insurance division.

Svenska Handelsbanken on setting up a Russian subsidiary and related regulatory and employment issues.

American International Group in issues related to the protection of commercial secrets and termination of employment.

Intel Corporation in various labor law issues.

Several major Russian and foreign companies in stock option plans, phantom option plans and other compensation schemes.

Several top executives of public Russian companies in connection with employment and termination agreements.

Polyus Gold International Limited in the structuring and implementation of a Long Term Incentive Plan.

Ingenico in the employment aspects of the acquisition of an IT business and structuring of employment relations with key employees.

The Russian subsidiary of a leading Western company in issues related to transfers and redundancies of employees, dealings with trade unions, imposition of disciplinary sanctions and termination of employees due to performance issues.

The Russian subsidiary of a leading Western company in court in connection with alleged hiring refusal.

Lurgi GmbH, a leading German company in proprietary technologies and licenses, in various employment matters, including structuring of the engagement of foreign employees and secondment of foreign personnel to Russia.

TOLMAR Corp, an international pharmaceutical group, in various employment matters.

Exxon Mobil in various employment matters, including secondment of personnel and engagement of foreign employees and secondees.

The Russian subsidiary of a leading Western company in several employment litigations.


Christian Lippert H. is partner of Galicia Abogados, S.C. since 2002. He is an attorney specialized in corporate finance, mergers and acquisitions and antitrust.

In antitrust matters, Mr. Lippert has broad experience advising national and international clients in connection with merger control filings before the Mexican Federal Competition Commission, in procedures related to allege per se conducts, dominance, prohibited mergers and absence of competition conditions.

Mr. Lippert acts as speaker in several forums. He also supports non for profit organizations specialized in education matters.

Education

Universidad Anáhuac del Sur (Federal District, Mexico)

  • Law Degree

International Experience

Cleary, Gottlieb, Steen & Hamilton (New York, United States of America)

  • Foreign Associate

Languages

English, Spanish

Recognitions

Recognized by several publications, including Chambers & Partners, IFLR 1000 and The Legal 500, as an expert lawyer in Corporate Law, M&A and Antitrust.

Practice Areas

Mergers and Acquisitions, Antitrust and Banking and Finance.

Some Relevant Transactions

  • Advisor to Merck in the sale of the over the counter business to Bayer.  
  • Advisor to Carlyle in the financing and acquisition of the painting and coating division of DuPont.
  • Advisor to Organización Soriana in the acquisition of Controladora Comercial Mexicana.
  • Advisor to Heineken in the acquisition of 100% of the shares of Femsa Cerveza through a stock swap.
  • Advisor to Bunge in the acquisition of 100% of the shares of Grupo Altex.
  • Advisor in antitrust matters to Metronet in the sale of the company to Kio Networks.
  • Advisor in the acquisition of 100% of the shares of Santa Clara by Jugos del Valle.
  • Advisor to Vasconia in the acquisition of Almexa Aluminio.
  • Advisor in the acquisition of Cinemex, MM Cinemas, Cinemas Lumiere and Cinemark by a group of investors.
  • Advisor to Grupo Mexico in the merger control notification with respect to the acquisition of Ferromex, as well as in the investigation regarding monopolistic practices against Grupo Mexico, Ferromex, Ferrosur and others.
  • Advisor of third parties in the competition recommendations to the COFECE with respect to the acquisition of Vips by Alsea.
  • Advisor to Sociedad Mexicana de Productores de Fonogramas a clearing house for copyright owners, in the proceeding regarding alleged cartelization in the market of licenses to copyrighted musical compositions.
  • Advisor to Philips in the administrative proceedings in connection with alleged per se conduct.
  • Advisor to Siemens in the administrative proceedings in connection with alleged per se conduct.
  • Advisor in the acquisition of Grupo Farmacéutico Somar by Endo.


David Fagan leads Covington’s cybersecurity incident response practice and also co-chairs the firm’s top ranked practice on cross-border investment and national security matters, including reviews conducted by the Committee on Foreign Investment in the United States (CFIUS).

In the privacy and data security area, Mr. Fagan counsels clients on preparing for and responding to cyber-based attacks on their networks and information, assessing their security controls and practices for the protection of data, developing and implementing information security programs, and complying with federal and state regulatory requirements, as well as on transactional matters involving the transfer of personal data.  Mr. Fagan also has been counsel to companies in a range of cyber and data security incidents, including dozens of data security breach matters involving millions of affected consumers.

Mr. Fagan is rated by Chambers USA and Chambers Global for his leading expertise in privacy and data security and CFIUS matters, and was named a Dealmaker of the Year by The American Lawyer for 2016.


Ernest Ceberio is Vice President and Chief Counsel for Prudential Retirement, a leading provider of retirement plan administration, institutional investment and risk management services. 

In this role, Mr. Ceberio leads a team that supports the Total Retirement Solutions business division which provides recordkeeping and administrative services to retirement plans and Gibraltar Ventures, Prudential’s internal venture capital group.  Previously, Mr. Ceberio led a team that supported the Institutional Investment Solutions business division, which develops investment products for the retirement plan marketplace.   

Before joining Prudential Retirement, Mr. Ceberio served as Deputy Chief Legal Officer for Prudential Real Estate Investors (PREI), one of world’s largest real estate investment managers, where he led a team that supported PREI’s activities in Asia, Europe, Latin America and the Middle East.   In this role, Mr. Ceberio advised on cross border transactions and the establishment of business operations in international markets. 

Before joining Prudential, Mr. Ceberio was a private equity lawyer at Weil, Gotshal & Manges LLP in New York City where he advised fund sponsors and portfolio companies on fund formation, mergers and acquisitions, joint ventures, financing transactions and corporate governance. 

Mr. Ceberio is a member of the Board of Directors of LatinoJustice/PRLDEF (formerly the Puerto Rican Legal Defense & Education Fund), a national civil rights organization.   He is Chair of the Finance and Investment Committee of the Board.  

He received a J.D. from the University of California, Berkeley and a B.A. from Vassar College.  He is a member of the New York State Bar.


EXPERIENCE

Joe has significant experience with bankruptcy, creditors' rights and financial restructuring and he is active in a variety of complex restructuring, insolvency and bankruptcy cases.  As part of the Firm’s Fraud & Asset Recovery group, Joe has represented numerous victims in matters involving complex financial fraud, theft, money laundering and other white collar crimes. Joe has served as a Federal District Court receiver at the request of the SEC in cases involving national and cross-border fraud schemes.

Joe is the Executive Director Emeritus of ICC-FraudNet, a London based invitation-only organization, consisting of lawyers throughout the world who have significant experience in complex commercial fraud and offshore asset identification and recovery. Joe is a member of the: International Bar Association, International Association for Asset Recovery, American Bankruptcy Institute, Turnaround Management Association and recently served on the Law360 Editorial Advisory Board.

MEMBERSHIPS & AFFILIATIONS

  • FraudNet, U.S. Member and Executive Director (Emeritus)
  • International Bar Association, Creditors' Rights and Insolvency Section
  • American Bankruptcy Institute
  • Dallas Bar Association, Bankruptcy and Commercial Law Section (Past President)
  • State Bar of Texas, Bankruptcy Law Section
  • Turnaround Management Association, Past President of the Dallas/Fort Worth Chapter and Former National Board of Directors Member

AWARDS & HONORS

  • Bankruptcy & Creditor/Debtor Rights Super Lawyers—Business Edition and Corporate Counsel Edition - Thomson Reuters 2009/2013
  • Best Lawyers in America in Bankruptcy and Creditor-Debtor Rights Law, Woodward/White, Inc., 2008-2015
  • Best Lawyers in America, Texas’ Best Lawyers, Woodward/White, Inc., 2013-2015
  • International Who’s Who of Asset Recovery Lawyers, 2012-2013
  • Law Awards for Achievement, Finance Monthly, 2010
  • Leaders in Their Field, Chambers USA, 2005-2015
  • Leading Insolvency and Restructuring Lawyer, Euromoney Institutional Investor PLC's Expert Guide to the World's Leading Insolvency and Restructuring Lawyers, 2001-2009
  • Super Lawyers, Thomson Reuters, 2003-2012
  • Who’s Who Legal: Texas, Law Business Research Limited, 2007-2008
  • Selected by Expert Guides, Legal Media Group: Guide to the World’s Leading Banking Finance and Transactional Lawyers in Insolvency and Restructuring 2013-2015, United States
  • AV® Peer Rating, Martindale-Hubbell

ADMISSIONS

  • Supreme Court of Texas;
  • United States Courts of Appeals for the Fourth, Fifth and District of Columbia Circuits;
  • United States District Courts for the Northern, Southern, Eastern and Western Districts of Texas;
  • Various Federal Courts throughout the Country

EDUCATION

Bachelor of Arts (magna cum laude), Temple University, 1980

Master of Public Administration, Maxwell School of Syracuse University, 1983

Juris Doctorate, Syracuse University College of Law, 1983

Representative Deals & Suits

  • Representation of the Official Unsecured Creditors’ Committee in the Life Partners (‘Life Partners”) bankruptcy proceeding in Texas. LPI manages a “life settlement” portfolio with a face value of $2.4 billion and over 22,000 investor/creditors throughout the US. The SEC recovered a $40 million judgment against LPI, the enforcement of which led to the bankruptcy filing. Munsch Hardt joined the SEC to remove management and after a 6 day trial, a Chapter 11 Trustee was appointed. Together with the Trustee, the Committee recently filed a Joint Second Amended Plan and Disclosure Statement to deal with the complex issues surrounding the treatment of more than $1.4 billion in claims.The Plan will liquidate the portfolio over 20+ years and authorize the pursuit of litigation claims against numerous targets.
  • Representation of the Joint Liquidators of Stanford International Bank ("SIB") in SIB's liquidation proceeding pending before the High Court of Antigua and Barbuda in Antigua.SIB is an international bank chartered under the laws of Antigua and Barbuda and domiciled in St. John's, Antigua, West Indies.SIB was allegedly a key participant in the multi-billion dollar Ponzi scheme of R. Allen Stanford.SIB’s Joint Liquidators recently reached a global agreement with the U.S. Department of Justice and the SEC Receiver in the proceeding commenced in Texas regarding $300 million in assets located in Switzerland, Canada and the UK.
  • Representation of the Receiver appointed in a proceeding commenced by the Securities and Exchange Commission, involving 63 separate defendants, in connection with an alleged oil and gas Ponzi scheme involving in excess of $700 million raised from over 8,000 investors.The Receiver was also appointed the Chapter 11 Trustee for 27 of the corporate defendants in the SEC proceeding.A joint plan of reorganization was confirmed within a year of filing and will pay creditors 100% plus interest.
  • Representation of Quality One Wireless, LLC in the successful acquisition of the assets of Personal Communications Devices, LLC, a leading provider of wireless devices to service providers in the U.S., for approximately $125 million, in a New York Chapter 11 bankruptcy proceeding.
  • Representation of CSD, LLC, a Nevada limited liability company, in a Chapter 11 reorganization in the District of Nevada.CSD was formed in 2010 to acquire a 40 acre estate located in Las Vegas and to develop a museum honoring the life and career of “Mr. Las Vegas”, Wayne Newton.The bankruptcy was initiated in order to manage contentious and prolonged state court litigation and facilitate a prompt sale of the assets and a restructuring of the liabilities.The successful plan of reorganization was confirmed in nine (9) months and paid 100% of allowed creditors’ claims.
  • Representation of New York Yankees' third baseman, Alex Rodriguez, the largest unsecured creditor in the Texas Rangers Baseball Partners bankruptcy, as a result of unpaid deferred compensation resulting from his 2001 record breaking $252 million contract, and a member of the Unsecured Creditors' Committee.

Publications

  • “Bankruptcy” a chapter to be published on the SMU Law Review website, co-authored by Davor Rukavina, Spring 2014.
  • “Meeting the Challenge of Fraud with an Arsenal of Effective Legal Weapons in the Right Hands”, published in the ICC FraudNet newsletter, October, 2013.
  • “Utilizing Chapter 15 of the United States Bankruptcy Code to Combat Fraud," a chapter in the Asset Tracing & Recovery, the FraudNet World Compendium published 2013, co-authored by Jonathan L. Howell.
  • “From Ponzi Schemes to the Libor Scandal to Lance Armstrong: Pervasive Fraud Takes Its Toll”, article published in the ICC FraudNet newsletter, April 2013.
  • “Strategies, Considerations and Challenges in Obtaining Recognition in a Contested Chapter 15” published in Inside the Minds: Chapter 15 Bankruptcy Strategies 2012
  • "Bankruptcy,"SMU Law Review Annual Survey, Volume 65, Number 2, co-authored by Davor Rukavina, 280-313, Spring 2012.

Speeches and Presentations

  • "Coordinating International Asset Recovery – Practical Approaches and Case Studies", presented at the ICC FraudNet Spring Conference
  • “Getting to Hidden Assets in North America and Foreign Jurisdictions”, presented at the AICPA Forensic & Valuation Services Conference, November 9-11, 2014 – New Orleans, LA.
  • “Proper Cramdown Interest” presentation to the American Bankruptcy Institute Commission to Study the Reform of Chapter 11 – Debates at the National Conference of Bankruptcy Judges Annual Meeting, October 10, 2014 – Chicago, IL.
  • “The Evolving World of Cross-Border Frauds: Predicting What the Future Holds and How to Prepare for Same”, presented at the 10th Annual Financial Crime Forum of the ICC Financial Investigation Bureau held in Limassol, Cyprus, July 9-10, 2014.
  • “International Bankruptcy Law and Practice” presented with The Honorable Alan S. Trust, US Bankruptcy Judge for the Eastern District of New York; Richard Schmidt, US Bankruptcy Judge for the Southern District of Texas; Harlin D. Hale, US Bankruptcy Judge for the Northern District of Texas; Stacy Jernigan US Bankruptcy Judge for the Northern District of Texas; Leif Clark, US Bankruptcy Judge for the Western District of Texas (retired); Franco Gianni of Gianni Origoni (Rome, Italy), and Roberto Kampfner of White & Case (Los Angeles, CA), June 6, 2014.
  • “Can’t We All Just Get Along? Adventures in Cross-Border Insolvency Proceedings”, presented at the TAGLaw Spring 2014 Conference – Miami, co-presented with Christopher Jarvinen of Berger Singerman, Laura Hatfield of Solomon Harris, and Andrew Turner of Conner & Winters, May 5 – 7, 2014
  • “The Evolving World of Cross-Border Frauds: Predicting What the Future Holds and How to Prepare for Same”, presented at the 2014 BVI - ICC FraudNet Spring Meeting. Co-presented with Kevin Hellard of Grant Thornton, Kenneth M. Krys of KRyS-Global, Rodrigo Callejas of Carrillo & Asociados, Guatemala, and Kees van de Meent of Hocker Advocaten in the Netherlands, April 24 – 25, 2014.
  • “Plan Confirmation and Related Issues in the Fifth Circuit: Reorganizing in the Fifth Continues to Look Attractive”, presented at the 5th Circuit Bankruptcy Bench-Bar Conference - New Orleans, LA, co-presented with The Honorable Katharine M. Samson, U.S. Bankruptcy Judge for the Southern District of Mississippi, Clifton R. Jessup of Greenberg Traurig, LLP and William E. Steffes of Steffes, Vingiello & McKenzie, LLC, February 12 – 14, 2014.
  • “Chapter 15 and the Vitro Decision”, presented at The University of Texas 32nd Annual Jay L. Westbrook Bankruptcy Conference, co-presented with Berry D. Spears of Norton Rose Fulbright, November 22, 2013.
  • “Fraud Investigation, Forensic Accounting & Asset Recovery”, panel presentation at the 3rd Annual Conference on Fraud, Asset Recovery & Cross-Border Insolvency Cooperation, November 6-8, 2013.
  • “The Pervasiveness of Fraud and Corruption and How It’s Been (and is Being) Addressed”, presented at the ICC FraudNet conference in Oslo, Norway, April 27, 2013.
  • “Locating and Seizing Assets in Foreign Jurisdictions” presented at the NAFER conference September 14, 2012 co-presented with Dennis Roossien.
  • “FraudNet” presentation on Overview to The International Criminal Court – the Hague on February 22, 2012.
  • "Circumventing Attorney/Client Privilege in Fraud Cases – Insights and Developments."Presented at the FraudNet conference in Dubai, co-presented with Ed Davis of Astigarraga Davis-USA; Bettina Knoetzl of Wolf Theiss-Austria; Steve Baker of Baker and Partners-Jersey CI, October 27, 2011.
  • "Dueling Proceedings Between Bankruptcy and Receiverships."Presented at The University of Texas 29th Annual Jay L. Westbrook Bankruptcy Conference, co-presented by Judge H. DeWayne Hale, Holland O'Neil and William F. Stutts, November 19, 2010.


Glenn P. McGrory is a partner in the New York office of Cleary Gottlieb Steen & Hamilton LLP. Glenn’s practice focuses on public and private mergers and acquisitions, private equity investments, and shareholder activism and corporate governance matters. He has extensive experience in cross-border M&A transactions.

Glenn received his J.D. from Yale Law School in 2000, his M.S. in Foreign Service from Georgetown University in 1993, and his B.S., magna cum laude, from Georgetown University in 1992. He joined Cleary Gottlieb after law school and became a partner in 2009. He was resident in the Frankfurt office in 2001 and the London office from 2003-2005.

Glenn was recently recognized as a “Mergers & Acquisitions Trailblazer” by The National Law Journal in 2016. He has been a member of the Corporation Law Committee of the Bar Association of the City of New York.


Malcolm McNeil is a partner in the Los Angeles office of Arent Fox, where he focuses on litigation, business, and transactional matters involving international clients. He has approximately 30 years of litigation and commercial experience in a wide variety of matters including business/commercial, construction (defect and coverage issues), employment disputes, administrative proceedings, family law, probate, media and entertainment, intellectual property, partnership dissolutions and real property. Malcolm also has 18 years of experience resolving civil disputes as a mediator.

Malcolm focuses on litigation issues for a wide variety of businesses including those in the venture capital formation, retail, textile, manufacturing, import/export, real estate investment, aviation and publishing industries. He is keenly aware of the legal and business needs of his clients, and provides strategic solutions to commercial disputes that help enable his clients’ businesses to keep moving forward. He also has experience in cross-border negotiations and has an established network of colleagues throughout the globe available to assist in foreign countries as needs arise. Malcolm’s practice has included representation of clients in most forums, including a range of administrative forums, statewide and nationally. Known for his leadership and accomplishments, particularly for clients with business interests in China, Malcolm is a panel member on the Shenzhen Court of International Arbitration in the Beijing International Arbitration Commission.

Client Work

Recently, Malcolm and his team successfully represented a Chinese-based fabricated steel shelving manufacturer in a breach of contract claim in federal court, where a jury awarded his client a verdict of more than $3.3 million.

Malcolm has recently mediated/arbitrated the following cases:

  • General Commercial: Broad range of complex civil cases involving issues of contract interpretation, buy-sell agreements (including appraisals of real property and businesses), unfair competition, and insurance coverage disputes.
  • Partnership Disputes: Partnership disputes and dissolutions involving a variety of businesses, including professional medical partnership disputes.
  • Real Property: Real property matters have included commercial landlord/tenant disputes and construction disputes, including defect and environmental issues.
  • Employment: Cases involving employment compensation agreements, including executive employment agreements, discrimination cases and wrongful termination.

Previous Work

Prior to joining Arent Fox, Malcolm was the leader of the International Practice Group at a national law firm. He was also the principal in his own practice for 20 years focusing on an international base of clients located throughout Europe and Asia.

 

Professional Activities

  • State Bar of California Committee on Alternative Dispute Resolution, Member
  • USC School of Law’s Institute for Corporate Counsel, Advisory Board Member
  • Beverly Hills Bar Association, Board of Governors Member 
  • Beijing Arbitration Commission, Panel Arbitrator
  • Shenzhen International Arbitration Association, Panel Arbitrator
  • Hong Kong Association of Southern California, Board Member
  • International Law Section, Los Angeles County Bar Association, Past Chair
  • American Bar Association, China Committee Section on International Law, Co-Chair
  • International Association of Young Lawyers (AIJA), Past President and Current Member
  • International Bar Association (IBA), Member
  • Inter-Pacific Bar Association (IPBA), Member
  • Consumers Attorneys Association of Los Angeles, Member
  • World Intellectual Property Organization (WIPO), Member
  • Hollywood Chamber of Commerce, Member
  • University of La Verne Law School, International Civil Litigation, Adjunct Professor

Publications, Presentations and Recognitions

Publications

  • Author: "The World is Not Enough – Or is It?," Financier Worldwide (June 2013)
  • Co-author: "SLAPP: Malpractice Coverage Impacted Increasingly by Recent Decisions ," Insurance Advocate (May 21, 2012)
  • Author: "Corporate and Board Member Liability: Developments in the Post-Enron and Sarbanes-Oxley Environment," International Law Journal and Newsletter, LACBA (May 7, 2009)

Presentations/Events

  • Bioenergy Economic & Policy and Sustainable Development (Moderator), Presented by: 5th Annual World Congress of Bioenergy, Xi’an, China, September 24, 2015
  • 2015 International Institute of Air and Space Law (IIASL) Conference, (Moot Court Judge) Presented by: Leiden University, Beijing, China, April 9, 2015
  • How To Series, (Moderator) Presented by: International Association of Young Lawyers, Hong Kong, China, March 29, 2014
  • 2013 LegalPorts Conference, (Moderator) Presented by: Port of Los Angeles, Los Angeles County Bar Association, Long Beach Bar Association & Keesal, Young & Logan Long Beach, CA, September 26, 2013
  • 6th Annual Global Outsourcing Summit (Speaker), June 15, 2013
  • Mergers and Acquisitions Seminar (Speaker) Presented by: International Association of Young Lawyers, February 1, 2013
  • Your Passport to Getting the Information You Need from Abroad: The Nuts and Bolts of International Discovery (Speaker) Presented by: Beverly Hills Bar Association’s Barristers Workshop and the International Law Committee, Beverly Hills, CA, May 29, 2012
  • Recent Legal and Business Developments in Global Trade (Chair) Presented by: Los Angeles County Bar Association, Los Angeles, CA, May 3, 2012
  • Due Diligence Investigations: What To Look for and How to Find It (Panelist) Presented by: International Investigations Seminar, San Francisco, CA, March 16, 2012
  • Contract Session: Sales/Distribution Agreements (Speaker) Presented by: The International Association of Young Lawyers (AIJA) International Trade & Transport Symposium, Los Angeles, CA, October 14, 2011
  • International Protection of Life Sciences Advancements (Speaker) Presented by: BIT's 1st Annual World Congress of Bioenergy Dalian, China, April 26, 2011
  • Practical Issues for Doing Business Abroad (AKA Expect The Unexpected ... Or Stay Home!) (Speaker) Presented by: International Section of the Los Angeles County Bar Association: 2010 Annual Seminar For Corporate Counsel Temecula, CA, September 25, 2010
  • Emerging Market Summit (Speaker) Presented by: AP-CEO Changchun China, September 1-4, 2010
  • International Financial Law and Institutions – Islamic Banking Issues, Latin American Trends and Asian Future (Speaker) Presented by: Southwestern Law School: 2021 International Law Ten Years from Now, Los Angeles, CA, February 26, 2011
  • Representing Foreign Parties in Lawsuits (Speaker) Presented by: State Bar of California 82nd Annual Meeting, September 11, 2009
  • Litigation and Alternative Dispute Resolution in the U.S. (Speaker) Presented by: Los Angeles County Bar Association International Section Presentation to Law Society of England and Wales, Los Angeles, CA, August 2, 2010
  • The Nuts and Bolts of International Arbitration and Litigation (Speaker) Presented by: Los Angeles County Bar Association, International Law Section Inglewood, CA, June 16, 2010
  • Work-Life Balance and the Economic Crisis: Is Work-Life Balance Dead? (Speaker) Presented by: ABA: 2010 Spring Meeting, New York, April 13, 2010
  • How To Handle An International Client (Presenter) Presented by: State Bar of California, Section Education Institute, March 11, 2010
  • Civil Liability of Board Members in the United States: Lessons from Enron and Worldcom (Speaker) Presented by: The 3rd Annual Global Outsourcing Summit, September 3, 2009

Recognitions

  • Recipient of the Lifetime Achievement Award from the International Association of Young Lawyers
  • Named to “Southern California’s Top Rated Lawyers” by Legal Leaders (2013)
  • Recognized by the Southern California edition of SuperLawyer (2014 and 2015)
  • Named an honorary lifetime member to the Lahore High Court Bar Association for his efforts to free imprisoned Pakistani attorneys

Bar and Court Admissions

California Bar
District of Columbia Bar
US Supreme Court
US District Court for the Central District of California
US District Court for the Southern District of California
US District Court for the Eastern District of California
US District Court for the Northern District of California
US Court of Appeals for the 5th Circuit
US Court of Appeals for the 9th Circuit
District of Columbia Court of Appeals
United States Court of International Trade

Education

Loyola Law School, Los Angeles, JD

Antioch University, BA

Life Beyond the Law

Malcolm sits on the Board of Regents for California Lutheran University; he is a past member of the Board of Trustees of The Chicago School of Professional Psychology and current Board Member Chair of the Enrollment Management Committee of Woodbury University, and past chair of the Board of Trustees of Antioch University Los Angeles. Malcolm is also a member of the British Academy of Film and Television Artists (BAFTA) in Los Angeles.

Practices and Industries

Complex Litigation

International Arbitration & Dispute Resolution


Nick Leone is a Partner in the Restructuring and Special Situations Group at PJT Partners.  Nick has spent more than 25 years in finance, advising companies in a wide range of activities including restructuring, capital raising, mergers and acquisitions.  Following tenures at Drexel Burnham in the late 1980s and Salomon Brothers in the early 1990s, Nick joined Blackstone in 1995.  For more than 20 years in Blackstone’s Restructuring Group, Nick was involved in a variety of restructuring transactions across numerous industries.    

In addition to his experience advising U.S. companies, he has represented companies based in Brazil, the UK, France and Canada.  Nick’s restructuring experience in Brazil includes Net Servicos, OGX, Odebrecht Oil & Gas, GOL Airlines and Oi Telecommunications.

Nick received a BA in Economics from Columbia University and an MBA in Finance from the University of Chicago.


Thomas Benes Felsberg is the founding partner of Felsberg Advogados and is a global reference in the area of bankruptcy and company restructuring.  He has taught International Private Law at the University of São Paulo.

EXPERIENCE

Thomas Felsberg is Brazilian consultant to the World Bank in the area of insolvency and credit rights, having contributed, together with the IMF, to the ‘Global Insolvency Law Database’ (GILD) and ‘Reports on the Observance of Standards and Codes’ (ROSC) projects. He is recognized by publications such as ‘Latin Lawyer’ and ‘Chambers’ as Brazil’s leading insolvency lawyer. He formed part of the committees responsible for development of the current bankruptcy and company restructuring law.

In addition to his work relating to insolvency and debt restructuring, Thomas Felsberg plays an important role as an arbiter with important arbitration chambers both in Brazil and overseas, whilst he is a member of the Brazilian Bar Association (OAB), the ‘Federação das Indústrias do Estado de São Paulo’ (‘São Paulo State Federation of Industries / FIESP) and the ‘Centro de Estudos das Sociedade de Advogados’ (‘Attorneys’ Society Study Center’ / ‘CESA’), and is President of the Columbia University Club of Brazil.


Amadeu’s practice focuses on complex antitrust matters, including merger review cases, government investigations, antitrust litigation, and general antitrust counseling. He is a member of the Council of the American Bar Association – Antitrust Law Section, and a member of the Brazilian Institute for the Study of Competition, Consumer Affairs, and International Trade (IBRAC).

Education

  • Bachelor of Laws, Universidade de São Paulo
  • Doctor of Laws, Universidade de São Paulo

Awards and Recognitions

  • Chambers Latin America – Competition & Antitrust (2011 – 2016)
  • LACCA Approved – Antitrust (2015 – 2016)
  • Who’s Who Legal: Brazil – Competition and Transport (2015)


Bill is Senior Vice President and Deputy General Counsel at Trammo, Inc. Trammo is a global merchandising and trading group that markets, trades, distributes and transports fertilizers, anhydrous ammonia and other commodities, including liquefied petroleum gases (LPG), sulfuric acid, sulfur, petroleum coke and coal. Trammo is a global company employing over 350 individuals of more than 20 different nationalities in 28 locations worldwide, including offices in Switzerland, France, Brazil, Peru, Russia, Singapore, Thailand and China.  Bill handles a variety of cross-border matters, including international investments and joint ventures, bank, trade and project financing, international trade and its regulation and product purchase and sale contracts (both physical and derivative).  He serves as the Chairman of the Company’s Investment Committee and a member of its Risk Steering Committee.

Bill received his J.D., cum laude, from the University of Pennsylvania Law School in 1993, where he was a member of the Law Review.  He received an LL.M in taxation in 2001 from New York University School of Law. He received his undergraduate degree in Quantitative Economics, summa cum laude, from Tufts University in 1988, where he was elected to Phi Beta Kappa.   He clerked on the Delaware Chancery Court in 1993-94 and practiced with Arnold & Porter and Bingham & McCutchen prior to joining Trammo in 2003.


Jaime is a member of the M&A, banking and finance and corporate strategic business units. He is an attorney from Universidad de los Andes and earned an LLM graduate degree from Columbia University. He is admitted to practise law both in Colombia and the State of New York. With more than 18 years of professional experience, Jaime has a wide experience on M&A transactions of public companies. As partner of Gómez-Pinzón Zuleta, Jaime led the acquisition of Union Fenosa and the subsequent divestiture of EPSA to Colinversiones, and the takeover of Organización Terpel by Promigas, among others..

He has adviced companies from the finance, aeronautics, Oil & Gas (downstream and gas transportation) and legal advice in retail, regarding mergers, legal structuring capital market and others.

Jaime is lawyer form Universidad de lo Andes and has an LLM form Columbia Univerity. Worked as an associate in the firm Allen & Overy in new York and he is also admitted to practice law in Colombia and New York state.


Mr. Kapoor is a partner in Davis Polk’s Corporate Department in the Menlo Park and New York offices. He advises on U.S. and cross-border M&A, and represents clients in investments, exits and joint ventures around the world in both public and private companies. He has extensive experience working on deals in the United States, China, India and Hong Kong, among other countries. Mr. Kapoor’s deal and advisory experience also includes credit, capital markets, real estate, insolvency and restructuring, investment funds, litigation/arbitration and corporate governance. He also leads Davis Polk’s India practice. He is recognized as a leading lawyer in various legal industry publications, including Chambers Global, Chambers Asia-Pacific and IFLR1000.

Mr. Kapoor joined Davis Polk in 1999 and became a partner in 2007.  He received his LL.B. from the University of Delhi Faculty of Law in 1977; B.C.L. from Balliol College, University of Oxford in 1998; and LL.M. from New York University School of Law in 1999.


Mr. Li has practiced for more than 26 years with top law firms in Shanghai, New York and Silicon Valley. He is specialized in advising US corporations doing business in China, in cross-border investments, M&A, private placements, public offerings, privatizations, etc., especially in those situations involving Chinese law or Chinese business partners. He is also an expert in debt and equity financing for Chinese corporations, and foreign corporations and funds investing in China.

Mr. Li regularly counsels Fortune 500 companies as well as funds and start-ups in a wide spectrum of industries for transaction, corporate and compliance matters. He has advised more than 200 stock and bond offerings and listings on stock exchanges in Shanghai, New York, Hong Kong, London, Shenzhen and Singapore, and dozens of mergers and acquisitions of significant value.

Since the 1990’s, Mr. Li has been consistently named as a ranked lawyer in M&A, general corporate, capital market, and private equity by Chambers, etc.  He was also honored by the Ministry of Justice of the PRC as one of China’s Ten Best Lawyers.


Bruno Balduccini has been a partner at Pinheiro Neto Advogados since 2001, and is based in the firm’s São Paulo office.  His fields of expertise are banking regulations; business law; corporate law; financing; investments; M&A; exchange controls; credit cards; insurance and reinsurance, fintechs as well as criptocurrencies. In addition to his practice in Pinheiro Neto Advogados, he has been a Standing Member of the Brazilian Bar Association –Banking Law Committee. Mr. Balduccini holds an LLB from Pontifícia Universidade Católica de São Paulo - PUC (1992), and an LLM in International Banking Law from Boston University (1998). He was admitted to the Brazilian Bar Association (OAB) in 1993. He was a foreign associate at Sullivan & Cromwell in New York for one year (1998 - 1999). He is fluent in Portuguese, English and Italian.


Erik Velapoldi is Deputy General Counsel at Terumo BCT, Inc., a Colorado-based global leader in blood component and cellular technologies with offices in over 30 countries. Since joining Terumo BCT eight years ago, Erik has helped build the company’s legal and compliance departments, led strategic and other commercial transactions, and crafted and overseen the administration of the company’s worldwide compliance programs with a focus on its Asia Pacific operations.  Prior to joining Terumo BCT, Erik was a partner in the Northern Virginia office of Morrison & Foerster LLP, where he practiced corporate law, helping dozens of companies through M&A and venture capital transactions as well as securities law matters.  He has also practiced at Pillsbury Winthrop Shaw Pittman LLP in McLean, Virginia.


Glen Weinstein, iRobot’s EVP & Chief Legal Officer, has been with iRobot since 2000, where he advises the company on all general legal matters, including issues related to intellectual property, product development and distribution and financing. Prior to joining iRobot, Weinstein was with Covington & Burling, a law firm in Washington, D.C., where he advised clients in various matters related to intellectual property, including licensing transactions, litigation and patent prosecution. Prior to joining Covington & Burling, Weinstein was a law clerk to both the Honorable Randall R. Rader, Circuit Judge, U. S. Court of Appeals for the Federal Circuit, and the Honorable Roger B. Andewelt, U. S. Court of Federal Claims. Weinstein holds a law degree from the University of Virginia and a bachelor of science degree in mechanical engineering from MIT.


Steven S. Michaels is an Associate General Counsel for Investigations at IBM Corporation and has served in that position since February 8, 2016. 

Prior to taking on his position at IBM, Mr. Michaels was for two decades a member of the White Collar Litigation practice group at Debevoise & Plimpton LLP, where he advised companies and individuals about and conducted investigations of compliance with the U.S. Foreign Corrupt Practices Act and other statutes and regulations, including those governing capital markets, securities and financial services, data-privacy, OECD and non OECD transnational anti-bribery regimes, antitrust, trade sanctions, anti-boycott laws, and other U.S. regulatory regimes involving health, safety, the environment, civil rights, labor law, and employment.  Mr. Michaels had an active pro bono practice and served as co-counsel for the American Bar Association, as amicus curiae, before the U.S. Supreme Court in the 2015 marriage equality cases DeBoer v. Snyder and Bourke v. Beshear, Nos. 14-571 and 14-574, and in 2012 served as counsel of record for the Brennan Center and the League of Women Voters, also as amicus curiae, in the university admissions affirmative action case Fisher v. University of Texas, No. 11-345.  Mr. Michaels also served as a member of the firm’s Diversity Committee.

Before joining Debevoise in 1996, Mr. Michaels served for more than eleven years in various capacities in the Department of the Attorney General, State of Hawaii, including First Deputy Attorney General and Solicitor General.  In these roles he had an active appellate practice, and twice argued successfully before the U.S. Supreme Court. 

From 1983 to 1984, Mr. Michaels served as a Law Clerk to the Honorable Edward Weinfeld, U.S. District Court for the Southern District of New York.  From 1979 to 1980, Mr. Michaels served as a member of the Minority Staff of the U.S. Senate Governmental Affairs Subcommittee on Oversight of Government Management.  

Mr. Michaels received his J.D. cum laude from Harvard Law School, where he was Supreme Court and Developments Editor of the Law Review, in 1983 and obtained an A.B. in Public and International Affairs cum laude from Princeton University in 1979.

He is a nine-time finisher of the New York Marathon and a two-time finisher of the Honolulu Marathon.