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Cross-Border Trends, Tactics and Strategic Insights: What European and US Lawyers Should Each Know About Litigating Abroad


Speaker(s): Alice Englehart, Bruce Macaulay, Deba Das, Linda H. Martin, Richard Price, Robert Mccallum, Samantha Trevan, Simon Davis, Sue Thackeray, Thomas Shortland, Vincent Levy, Wessen Jazrawi
Recorded on: Dec. 2, 2019
PLI Program #: 279337

Richard Price is widely regarded as one of the UK's leading patent and trade mark lawyers with over 40 years’ experience leading teams in landmark cases and heading market-leading IP litigation practices. Prior to joining JAMS, Richard had extensive experience of disputes in many jurisdictions, including the USA, Hong Kong, and Western and Central Europe as well as the UK. His practice covered all aspects of IP law at all levels up to and including the House of Lords (now the Supreme Court) and Privy Council. Most recently as head of IP Arbitration and Mediation at CMS, his practice focused on resolution of disputes often in multi-jurisdictional patents, trade marks, passing off and copyright matters across a range of sectors set out below.

Prior to becoming head of IP Arbitration and Mediation at Olswang (later CMS), Richard was a partner at Woodham Smith (1977-1980), and subsequently in major leadership positions at Taylor Joynson Garrett (later Taylor Wessing (1990-2011)), and Winston & Strawn (2011-2015).

Areas of Expertise

  • Patent, Trade Mark, Copyright, and Registered Design infringement and validity.
  • Passing off, trade secrets and confidential information.
  • Disputes on agreements concerning intellectual property rights.
  • The European Union competition and TRIPs aspects of disputes on these subject matters; oppositions and appeals (European Patent Office).
  • Oppositions and revocations in the EUIPO (formerly the OHIM);
  • References to the European Court of Justice (now the CJEU) in Patent and Trade Mark matters; international mediations and arbitrations of IPRs.
  • Telecommunications.

 


Alice Englehart has acted for numerous corporates and their senior management in investigations and legal proceedings in the UK, continental Europe and beyond.  She frequently acts as her client’s strategic adviser on their disputes around the world, assisting them with, and co-ordinating, some of their most reputationally sensitive civil and criminal contentious matters.

She regularly conducts internal investigations for clients and represents them in related legal proceedings.  She advises clients on a wide variety of disputes, included related court litigation and settlements, as well as on general risk management matters.

Alice is regularly “highly rated” in the legal directories.


Deba Das is a partner in our EU Litigation practice, with a particular focus on antitrust (including follow-on damages), litigation, global investigations and commercial public law. He has been recognised as a Future Leader in competition law in Who’s Who Legal 2018 and 2019.

He has advised clients in the financial services, consumer products and general industrial sectors on competition investigation proceedings initiated by UK regulators and the European Commission, and coordinated associated multijurisdictional leniency applications. He frequently acts pro bono before the UK and EU courts on EU, public, international and human rights law issues, including on behalf of the AIRE (Advice on Individual Rights in Europe) Centre and the British Red Cross.

Selected relevant highlights include advising:

  • Asahi Glass in follow-on damages litigation in both the Competition Appeal Tribunal (CAT) and High Court in relation to the car glass and cathode ray tube glass cartels.
  • The Vita Group on its successful immunity application in respect of the European Commission's investigation into polyurethane foam, and subsequent defence of follow-on damages litigation across Europe (including successfully defeating the first contested fast track application in the CAT).
  • Getlink (Eurotunnel) on its high-profile challenge on state aid and public procurement grounds to the UK Department of Transport’s award of freight contracts to ferry operators as part of its Brexit contingency planning.
  • JP Morgan Chase in its appeal to the EU General Court against the European Commission’s decision regarding alleged manipulation of the EURIBOR benchmark.
  • BT plc in contentious regulatory proceedings and litigation concerning the regulation of the UK telecoms and pay tv markets, including the recent deal negotiated with Ofcom regarding the enhanced separation of its wholesale Openreach division.


Linda is a partner in the firm’s dispute resolution practice and co-head of our global financial institutions disputes group.

She has extensive experience resolving complex and cross-border commercial disputes across a broad range of industries and practice areas, and in all stages of business dispute resolution, including litigation, arbitration and mediation. Based in New York, she appears regularly in federal, state and bankruptcy courts across the United States.

Linda’s clients are global in scope, and she is particularly adept at helping them navigate multinational challenges, especially those arising from the overlapping and sometimes conflicting procedural, factual and regulatory regimes in which they operate. She also works frequently with our transactional and finance teams in advising corporate executives and boards on transaction-related litigation risk and corporate governance matters.

Representing PepsiCo and Bottling Group in the United States District Court for the Southern District of Iowa in litigation alleging claims under the Sherman Antitrust Act, the Robinson Patman Act, the Lanham Act and Iowa competition law, and for tortious interference, breach of fiduciary duty, business defamation and, on behalf of a putative class, breach of contract.

Representing KLX, a world-leading aerospace and energy services company, on the $4.2bn sale of its aviation parts and services business to the Boeing Co. and the spinoff of its energy services business; Linda also represented the company and its executives in successfully dismissing a federal securities fraud class action litigation in the Southern District of Florida, alleging claims under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934, relating to a $640m GAAP‎ impairment charge taken by the company in 2015.

Representing Volkswagen in connection with: its global diesel emissions exposure, including the co-ordination of US and rest-of-world civil, criminal and regulatory matters; and its January 2017 $4.3bn resolution with the US Department of Justice and other government agencies of certain criminal and civil proceedings.

Representing Breeze-Eastern's officers and directors in defeating a purported federal class action in the Southern District of New York, alleging claims under Section 14(e) of the 1934 Act and for breach of fiduciary duty, in connection with the sale of Breeze-Eastern's outstanding shares through an all cash tender offer.

Representing UBS as lead agent on the $8bn contested DIP financing in Lyondell Chemical Company's Chapter 11 case, and as defendant in a $1.6bn fraudulent conveyance litigation arising out of the Lyondell/Basell merger.

JD, cum laude, Duke University School of Law, United States; editor for the Duke Law Journal; member of the Duke Law Board of Visitors.

BA, cum laude, Harvard University, United States.


McCallum Legal PLLC helps non-US clients navigate disputes in the United States and international disputes that touch the US or implicate its laws. A boutique New York law firm, McCallum Legal also represents US clients in commercial litigation before US federal and state courts and in arbitral proceedings.  

Founder Rob McCallum is a New York attorney and international lawyer who built his career with Freshfields Bruckhaus Deringer in New York, London, and Tokyo. During his 17 years with Freshfields, Rob represented corporations, individuals, and States in complex cross-border commercial disputes. Rob also worked for Paul, Weiss, Rifkind, Wharton & Garrison LLP in New York and served as an Investigator for the United Nations where he handled procurement investigations across the United States, Europe, and Africa. He remains Of Counsel to Freshfields in New York. 

Rob has deep experience in the tactics and strategy of multi-forum disputes, including enforcing international arbitration awards in the United States and obtaining evidence in aid of non-US proceedings. He has litigated and arbitrated scores of significant cases in a variety of industries and sectors including aerospace, banking and financial services, beverages and bottling, construction and engineering, entertainment and sports, insurance, mergers and acquisitions, oil and gas, private equity, and software licensing. Rob represents clients in all stages of the disputes life cycle, from pre-litigation strategy through trial, appeals, and enforcement. 

An experienced first chair advocate, Rob has been praised by clients, colleagues, and adversaries for his professionalism, creativity, thoughtful analysis, and skilled cross-examination. He has been recommended for commercial litigation by the Legal 500 (2019) and recognized as a “Rising Star” in business litigation by New York Super Lawyers (2013 – 2017). Rob principally practices New York law but is also admitted in England and Wales and in New South Wales, Australia. 

Rob holds first-class honors degrees in law from the University of Cambridge, England (LL.M.) and the University of Newcastle, Australia (LL.B.). At Cambridge he was awarded the titles of Scholar of Sidney Sussex College, Fellow of the Cambridge Commonwealth Trust, and Young Australian Achiever of The Queen’s Trust. 


Samantha Trevan is a Partner in Freshfields’ Disputes Resolution team in London.  She advises a broad range of clients on their commercial disputes, with a particular focus on complex, high-value, cross-border litigation. 

Sam also advises client on contentious regulatory enforcement action involving regulators in the UK and overseas, as well as acting for 'big four' accountancy firms on practice protection matters.

She is a part of Freshfields’ Caribbean and Offshore StrongerTogether network, having previously spent two years litigating in the Cayman Islands.

Selected relevant highlights include:

  • advising a financial services group on multi-million dollar fraud proceedings brought against  it in the English courts under Georgian law by a former client of its Georgian banking subsidiary;
  • defending  a large multinational coffee company in a post M&A dispute, including breach of contract and warranty claims;
  • advising an oil trading group in multi-million dollar fraud proceedings brought against the group’s former senior management and associated individuals and entities;
  • defending  a Russian oligarch in high profile proceedings brought in the English Court by the family of the late Arkady Patarkatsishvili claiming breach of an oral agreement in relation to a $2bn stake in one of Russia's leading steel and mining companies, Metalloinvest;
  • advising a leading private equity house on various disputes arising during the lifecycle of its investments, including breach of contract and warranty claims;  
  • acting for the liquidators of insolvent companies formerly owned by the Saudi businessman Maan Al Sanea in multi-billion dollar fraud proceedings brought by Saudi conglomerate Ahmad Hamad Algosaibi & Brothers following one of the largest corporate collapses of the credit crunch;
  • advising a large Chinese-owned mining company in their defence of  group litigation brought in the English Court by environmental protestors in Peru; and
defending Apple Computer in a contractual claim brought in the English court by the Beatles’ record label, Apple Corps, over the use of the apple mark on Apple Computer products.


Simon Davis became President of the Law Society of England and Wales in July 2019.

Simon studied Law at Oxford and qualified as a solicitor in 1984. He has been a commercial litigation partner at the London office of Clifford Chance since 1994, having joined the firm in 1982 Simon was the firm’s recruitment partner between 1995 and 2000, and spent two years as President of the London Solicitors’ Litigation Association. Since 2008, Simon has also been a member of the Court of Appeal Mediation Panel.

In 2014, Simon was appointed to conduct an inquiry into the circumstances surrounding the provision of potentially sensitive information to The Telegraph by the Financial Conduct Authority. (“the Davis Review”).


Sue Thackeray has over 25 years’ experience in all aspects of commercial litigation for claimants and defendants, with particular expertise in:

  • Civil fraud involving complex, multi-jurisdictional international commercial litigation (often where criminal or regulatory proceedings co-exist) including claims for breach of fiduciary duty, breach of trust, dishonest assistance, tracing claims, etc.
  • Corporate and commercial litigation, arbitration and mediation:Currently advising companies and individuals in shareholder disputes (including Share Purchase Agreement claims, joint venture disputes, breach of warranty and earn-out disputes), partnership disputes, breaches of trade or commercial agreements, disputes involving directors including directors’ disqualification
  • Financial services and banking disputes
  • Freezing injunctions, search orders, restraint orders, civil recovery orders, Norwich Pharmacal and Banker’s Trust Applications and Letters of Request
  • Acting as a Supervising Solicitor on Search Orders and a Court Appointed Solicitor in relation to disclosure issues
  • Reputation management issues including defamation, misuse of confidential information, privacy, data breaches and crisis management arising from such matters
  • Sport related matters including contractual representation and dispute resolution, disciplinary and regulatory matters and IP rights enforcement.

                                    


Thomas Shortland is an associate and solicitor advocate in the London office of Cohen & Gresser.  He is a member of the firm’s Litigation & Arbitration and White Collar Defense & Regulation practice groups.  Tom advises on a broad range of commercial and business disputes encompassing civil, regulatory and criminal matters.

Tom regularly acts in commercial and financial disputes in the English High Court, courts in offshore jurisdictions, and in international arbitrations conducted pursuant to the major institutional rules.  His experience includes advising on disputes relating to M&A transactions, finance, capital markets, joint ventures, commercial arrangements, regulatory obligations, directors’ duties, fraud, corporate governance, corporate restructurings and insolvency.  He has significant experience of managing disputes involving proceedings in multiple jurisdictions.

Additionally, Tom advises on internal and disciplinary investigations, regulatory proceedings and criminal matters.  In recent years he has acted in a number of major investigations and prosecutions conducted by U.K. and overseas authorities.  Between 2015 and 2016, Tom was seconded to the Bribery & Corruption Division of the U.K.’s Serious Fraud Office as an Investigative Lawyer, during which time he acted on complex international fraud, bribery and corruption investigations concerning corporations and individuals.

Tom has represented corporations and individuals in a range of industries including banking, financial services, media, information technology, telecommunications, construction, retail, manufacturing, oil & gas, pharmaceuticals and commodities.

Prior to joining Cohen & Gresser, Tom trained and qualified in the London office of an international law firm, where he practiced for over eight years. He graduated in Law from the University of Cambridge.


Vincent Levy represents clients at the trial and appellate levels in complex-commercial disputes, bankruptcy- and debt-related litigation, class actions, derivative suits, shareholder demands, and investigatory and regulatory matters. Clients and peers observe that “Vincent Levy ‘can tackle the toughest legal issues and explain them in clear compelling briefs,’” and that he “is ‘just a brilliant attorney.’” The National Law Journal included him on its “Elite Boutique Trailblazer” list in 2018, while the New York Law Journal included him on its inaugural Trailblazer list in 2019 and named him a “Rising Star” in 2017. He has also been included on Benchmark Litigation’s “Under 40 Hot List” in 2017 and 2018, and on Super Lawyers’ “Rising Star” list since 2015.

Vincent has experience advising clients facing or pursuing litigation under, among others, antitrust law, state and federal administrative law, state corporate law, state contract and tort law, public and private international law, the Foreign Sovereign Immunities Act, federal securities laws and regulations, the Bankruptcy Code, the Securities Investor Protection Act of 1970, and Section 1782. He has been counsel of record in high-profile matters in the U.S. Supreme Court, having represented politicians, academics, and organizations in cases raising important issues of constitutional, administrative, and statutory law. He has also defended public companies and their directors in multi-forum litigation, and represented them in complex, multi-party settlements with private or governmental entities.

Vincent has substantial experience representing clients in complex transnational disputes, including in U.S. court proceedings related to foreign litigation or arbitration matters, and has represented multiple entities with claims against foreign sovereigns (including bondholders of the Republic of Argentina in disputes related to the pari passu injunction entered by the S.D.N.Y.). Vincent’s clients have included public and private businesses (such as MacAndrews & Forbes, Goldman Sachs, Visa, HP, and TiVo), hedge funds, law firms, public-interest organizations, and individuals (including current and former directors of companies such as Sears and Codere SA).

Earlier in his legal career, Vincent served as a law clerk to Justice Ruth Bader Ginsburg of the U.S. Supreme Court and to then-Chief Judge Douglas H. Ginsburg of the D.C. Circuit. Vincent received his law degree from Columbia Law School where he was awarded the John Ordronaux Prize for the highest grade-point average in his class. He also studied and taught mathematical economics at the London School of Economics. Vincent is admitted to the bars of the state of New York and of multiple federal courts.


Wessen Jazrawi, Partner at Hausfeld London, focuses on Competition Litigation as well as Human Rights Law. Wessen acted in the first follow-on action to have reached trial in the UK - Enron Coal Services Limited v. English Welsh & Scottish Railway - before the Competition Appeal Tribunal. She also acted in one of the most high-profile competition disputes of recent years, known as the ‘interchange fee’ litigation, representing a group of leading international retailers in proceedings against Mastercard and Visa. She previously represented a large group of major international companies in a private damages action in relation to the global Marine Hose cartel and advised on claims relating to the Power Cables cartel. With regards to her Human Rights practice, Wessen acted on a judicial review for Avaaz, obtained settlement for 500 former workers in India following mercury contamination and is currently acting for Andrea Brown in her Court of Appeal costs case against the Metropolitan Police and Greater Manchester Police.