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International Litigation 2012


Speaker(s): Alexander Yanos, Damien Byrne Hill, David Zaslowsky, Derek J.T. Adler, Douglas W. Mateyaschuk, Henry G. Burnett, Hon. Robert M. Dow, Jr., Hon. Victor Marrero, Javier H. Rubinstein, Jeffrey W. Sarles, John F. Baughman, John Fellas, Laina C. Lopez, M. Christie Helmer, Mark G. Hanchet, Nick Gray, Stephen R. Reynolds, Steven C. Bennett
Recorded on: Jun. 11, 2012
PLI Program #: 34534

Derek Adler is a partner at Hughes Hubbard & Reed LLP in New York, specializing in the representation of non-US clients in complex commercial, white-collar criminal and regulatory matters in the United States.  Mr. Adler is a graduate of Columbia College and The Fordham University School of Law, where he served on the editorial board of the Fordham Law Review.  He was awarded an LLM with merit from London University (London School of Economics), which he attended as a Fulbright Scholar.

Prior to joining Hughes Hubbard & Reed, Mr. Adler had been an Associate in the litigation department of Skadden, Arps, Slate, Meagher & Flom, New York, and an Assistant in the Banking and International Litigation Section of Herbert Smith, London.  He writes and lectures frequently on international litigation topics, and has served as an officer of the Litigation Committee of the International Bar Association for many years. 


Javier H. Rubinstein (Javier) is the Global General Counsel and joined PwC as principal in the US firm in 2006.

Prior to joining PwC, Javier was a litigation partner in the Chicago office of Mayer Brown, LLP, an international law firm with more than 1,400 attorneys in the United States and Europe.

A native of Argentina fluent in Spanish and English, Javier has maintained an international practice throughout his legal career. At Mayer Brown, he concentrated on international commercial and investment arbitration, representing private and public clients from North America, Latin America, Europe and Asia in complex disputes before the world’s leading arbitral institutions, including the International Centre for the Settlement of Investment Disputes, the ICC International Court of Arbitration and the Court of Arbitration for Sport. Javier also represented
international accounting firms in litigation and arbitration matters throughout the world.

In addition to his practice responsibilities, Javier was the Leader of Mayer Brown's Chicago Litigation group, which numbered more than 150 attorneys. Since 1996 he has served as a lecturer at the University of Chicago Law School, where he teaches courses in International Commercial Arbitration and US Supreme Court Litigation.

Javier received his undergraduate degree in Political Science and Economics from the University of Michigan in 1984, graduating with High Honors. In 1986 he received his Masters in Public Administration from the John F. Kennedy School of Government at Harvard University. Javier then obtained his Juris Doctor's degree, cum laude, from the Georgetown University Law School in 1989. At Georgetown, Javier served on the School's Law & Policy in International Business Journal and won each of the School's moot court competitions.


Jeffrey Sarles is co-leader of Mayer Brown’s Chicago Litigation practice and of the firm’s Supreme Court and Appellate group. He divides his practice between appellate and international dispute resolution matters. He joined Mayer Brown in 1994 after graduating from Northwestern University School of Law. He is included in the 2012 edition of Best Lawyers in America in the field of Appellate Law.

Mr. Sarles’ international dispute matters currently include a Second Circuit appeal for a large Jordanian bank in a case raising Alien Tort Statute and Anti-Terrorism Act claims; an ICDR arbitration for a Swiss pharmaceutical company involving professional  responsibility issues; an ICSID arbitration for a US investor against Romania for destruction of a business; and a Canadian Supreme Court appeal for a US food manufacturer seeking to preserve an award issued in its favor by a NAFTA arbitration panel.

Mr. Sarles has represented companies in international commercial arbitrations before such leading bodies as the International Chamber of Commerce, London Court of International Arbitration, and International Centre for Dispute Resplution, as well as under the UNCITRAL Rules. The issues in these cases have ranged from information technology to manufacturer-distributor  responsibilities to discriminatory taxes to post-closing purchase price adjustments. He also has represented investors and governments in investor-state arbitrations and annulment proceedings before the International Centre for Settlement of Investment Disputes and in appellate litigation involving the scope of arbitral jurisdiction over foreign governments.


John F. Baughman has built a reputation assisting clients faced with complicated matters and crisis management situations. He has particular expertise in complex cases involving financial fraud and violations of the US securities laws. Frequently, these matters involve overlapping civil, criminal and regulatory actions in a variety of jurisdictions. Through his work on such matters, Mr. Baughman has experience representing clients in cases brought by a wide variety of US regulators. Many of Mr. Baughman's matters have been international and, in addition to dealing with US actions, he has advised clients in connection with related proceedings in the United Kingdom, Italy, Hong Kong, Guernsey and Norway.  Mr. Baughman is also an experienced trial lawyer. He has won two jury trials worth over $2 billion and, in all, has tried more than a dozen cases to verdict.


Laina C. Lopez specializes in litigation. At Berliner, Corcoran & Rowe, LLP, she works primarily on complex federal cases involving the Foreign Sovereign Immunities Act, the Terrorism Risk Insurance Act, and international law. Prior to joining Berliner, Corcoran & Rowe, LLP, Ms. Lopez litigated a variety of federal and state cases and class actions, including matters involving antitrust, human rights, the Alien Tort Claims Act, ERISA, and denaturalization. Ms. Lopez also represented certain clients seeking compensation from the September 11th Victim Compensation Fund. From 2002-2004, Ms. Lopez served as law clerk to the Honorable Gregory A. Presnell, U.S. District Court for the Middle District of Florida.She graduated from American University's Washington College of Law with her J.D. in 2001, and from Bucknell University with her B.A. in 1996.


Mark Hanchet's practice at Mayer Brown focuses on commercial litigation, arbitration, complex business litigation, securities litigation and regulatory enforcement, primarily involving financial institutions. He serves as one of the Firm's Group Leaders, for International Banking and Financial Services Litigation. Mark has experience in all phases of litigation, not only at the trial and appellate levels in federal and state courts, but also in various alternative dispute resolution forums.

Much of Mark's financial services practice is international in nature; he routinely represents banks in connection with cross-border litigation and in proceedings seeking attachments and injunctions concerning assets located in the US and abroad. He also advises clients on a variety of issues relating to international dispute resolution, including forum selection, jurisdiction, service of process, and he is well-versed in navigating international discovery and judgment enforcement issues.

Representative financial services clients in recent matters include the following institutions and their affiliates: Associated Bank; Banco de Chile; Bank Leumi; Bank of America; Bank Hapaolim; Bank of New York; Banque Libano-Française SAL; Bayerische Landesbank; CIBC; Chevy Chase Bank; Citibank; Credit Suisse; Dresdner Bank; Fortis Bank; HSBC; IKB; Schroders; SMBC; Société Générale; Standard Bank of South Africa; Toronto Dominion Bank; UBS; and Wachovia.

Mark also represents a wide range of clients involved in litigation flowing from complex business transactions. He recently has provided legal counsel and representation to the following entities and their affiliates in various engagements: ABB, Inc.; Cargill; Ion Media Networks; Macquarie; Merrill Lynch; Nestle, S.A., Penson Worldwide, Inc.; Starwood Capital Group; Swisscom; Toyota Motors; and Unilever.
Mark joined Mayer Brown in 2005. Previously, he was a partner with another prominent law firm in New York.

Education

  • Université de Strasbourg III, DEA, 1988
  • McGill University, BCL, LLB, 1987 (Editor, Law Journal)
  • McGill University, BA, 1983

Admitted
  • US District Court of Appeals for the Eleventh Circuit, 2003
  • US District Court of Appeals for the Second Circuit, 1995
  • US District Court for the Eastern District of New York, 1993
  • US Court for the Southern District of New York, 1989
  • US Court for the Western District of New York, 2008
  • New York, 1989


Nick Gray has extensive experience in major arbitration and litigation, both domestic and international, handling complex and substantial
disputes and seeking their effective and efficient resolution in whatever way is in the best interests of the client. His work includes
disputes arising out of oil and gas industry agreements, joint ventures, share and asset sale and purchase agreements, banking disputes,
insurance disputes, IT and outsourcing disputes, pensions and in proceedings before the Commissioners of H.M. Revenue & Customs
as well as sanctions disputes.

A large proportion of Nick’s work, whether in the arbitration or litigation field, is international in nature. He deals with complex
jurisdictional issues as well as co-ordinating litigation in different parts of the world including India, Russia, France, Italy and a number
of countries in the Middle East and in Africa.

Nick is named as a leading practitioner for Dispute Resolution in Chambers UK, 2012, Chambers Europe, 2011 and Chambers Global,
2011. He is also listed as a leading individual for International Arbitration in The Legal 500, 2009.

Nick is a member of the London Court of International Arbitration and of the London Solicitors Litigation Association Committee. He is
also Chairman of the Board of Trustees for Scene & Heard.


Alexander Yanos is a New York-based partner in Freshfields Bruckhaus Deringer's Dispute Resolution and International Arbitration groups.  Alex has spent over 18 years arbitrating energy, construction, commercial, and investment treaty disputes, and working on such arbitral awards' enforcement in the United States courts. Alex has acted as arbitration counsel in matters before ICSID, the ICC, the LCIA, the ACC, the ICJ, the Stockholm Chamber of Commerce, the Hong Kong International Arbitration Center, and the Inter-American Commercial Arbitration Commission. As a litigator, Alex has focused on multi-jurisdictional disputes involving U.S. securities, banking, antitrust, and insurance laws on behalf of U.S. and international clients. He has handled matters before federal and state courts in New York, Washington, D.C., Georgia, Texas, and Virginia.  Alex clerked for the Honorable Jerome Farris, in the Court of Appeals for the Ninth Circuit.  He is admitted to practice in New York, the Eastern and Southern Districts of New York, and the United States Supreme Court.  Alex received his B.A. from Princeton University, graduating magna cum laude, and his J.D. from the Columbia University Law School, where he was a Notes Editor for the Columbia Law Review and a Harlan Fiske Stone Scholar. Alex speaks English, French, German, Russian, Greek, and some Spanish.  Alex recently authored a book chapter with Brian King entitled "Enforcing Awards Involving Foreign Sovereigns" in International Commercial Arbitration in New York (James Carter and John Fellas, eds.), and an article with W.W. Park entitled "Treaties and the Constitution: The Emerging Conflict in Enforcement of Arbitral Awards," published in the Hastings Law Journal.


Christie Helmer

Practice for the past 15 years has been primarily "international business," that is, U.S. and foreign litigation with transnational issues, international arbitrations (including International Chamber of Commerce, Stockholm Chamber of Commerce, Austrian Federal Economic Chamber, and American Arbitration Association), structuring entry of U.S. corporations and nonprofits (including U.S. universities) into foreign country markets, Customs disputes, drafting cross-border joint venture, distribution, agency, and sales contracts, and providing guidance on requirements for export and anti-corruption compliance. Prior practice was primarily business dispute resolution and contract drafting and negotiation, including admiralty and international work and acting as temporary on-site in-house counsel for the "non-car" international and domestic financing subsidiary of Daimler Benz in Norwalk, Connecticut.


Education:

  • B.A. in English, magna cum laude, Washington State University (1970)
    • Phi Beta Kappa
    • Obtained four-year degree in three years
  • J.D., cum laude, Lewis & Clark Law School (1974)
    • Worked full-time as a law firm clerk while attending four-year law school program
  • LL.M., Columbia University Law School (1999)
    • Parker School Certificate for Achievement in International and Comparative Law
    • Accomplished one-year Master's in International Law program in New York while continuing as working partner in Miller Nash


Law Practice

  Miller Nash LLP, a large Pacific Northwest law firm

  •  Associate (1974-1980)
  •   Equity partner (1980-present)
     

  Admissions

  • Oregon (1974)
  • Washington (2008)
  • Ninth Circuit (1975)

Judicial Experience:

  • Multnomah County Circuit Court, judge pro tem, periodically throughout legal career and currently
  • Arbitrator for American Arbitration Association, Arbitration Service of Portland, Inc., and ad hoc arbitrations


Douglas W. Mateyaschuk II is currently an associate at DLA Piper.  Prior to joining, he was a senior associate with Dewey & LeBoeuf LLP. He specializes in complex commercial litigation, mass tort defense, and international law. He has spent the last eight years defending various financial institutions in connection with novel multi-billion dollar claims filed under the Alien Tort Statute and Anti-Terrorism Act.    


Associate

Mr. Mateyaschuk specializes in complex commercial litigation, mass tort defense, and international law. He has litigated precedent-setting cases in state, district and appellate courts, including serving as co-counsel for amicus parties in the Supreme Court of the United States. Mr. Mateyaschuk is known for developing unique solutions to complex litigation problems, and has authored numerous motions on novel legal issues. He has represented clients in the financial, telecommunications, consumer products, and investment industries, as well as several high net worth individuals in personal litigation.

Mr. Mateyaschuk's representative matters include:

  • Defending international banks against claims seeking billions of dollars in damages under the Anti-Terrorism Act and Alien Tort Statute;
  • Achieving the precedent-setting dismissal of claims seeking hundreds of millions of dollars in damages against an international financial institution pursuant to a previously untested provision of the Anti-Terrorism Act;
  • Participating in the successful defense of a Lebanese-based financial institution against claims seeking hundreds of millions of dollars in damages arising from injuries suffered as a result of cross-border conflict;
  • Leading a global investigation into an alleged fraud on the part of participants to a synthetic letter of credit and coordinating the related efforts of staff in Ireland, England, China, Spain and Bahrain;
  • Representing financial institutions in connection with investigations by the Department of the Treasury and the Department of Justice relating to alleged Bank Secrecy Act and OFAC compliance deficiencies;
  • Successfully arguing a heavily contested motion to compel the production of foreign documents in a breach of contract and fraud action before the Supreme Court of the State of New York;
  • Representing a national retailer of men's grooming products in a trade dress infringement matter that resulted in a pre-litigation favorable resolution for the firm's client;
  • Representing a high-net worth individual in an extortion and harassment case, and having vexatious Web content removed from servers maintained by U.S.-based Web hosts through negotiations and proceedings before the District Court for the District of Connecticut;
  • Defending several U.S. corporations in a contested compensation case filed by a former executive; and
  • Obtaining the removal and retraction of defamatory news articles residing on a Russian server and published on the Web by a popular news site in Israel.


Mr. Mateyaschuk has served as a judge for the 2007 and 2011 Constance Baker Motley National Moot Court Competitions in Constitutional Law. He is also the co-author of the firm's publication Credit in Crisis: An Analysis of Credit Rating Agency Exposure to Sup-prime Claims.
Prior to joining Dewey & LeBoeuf, Mr. Mateyaschuk worked on Capitol Hill for Senator Charles E. Schumer. He is also a long distance runner and has run races to raise money for charities, including the Organization for Autism Research.


Selected Activities

  • American Constitution Society



Education

  • Georgetown University Law Center, 2004, J.D.
  • Hofstra University, 2000, B.A., summa cum laude, High Honors, Phi Beta Kappa, Pi Sigma Alpha, Rosenbaum Prize for Outstanding Writing


Robert M. Dow, Jr.

On December 6, 2007, Robert M. Dow, Jr. was sworn in as United States District Judge for the Northern District of Illinois, Eastern Division, in Chicago. Judge Dow was nominated by President George W. Bush, with the support of United States Senators Dick Durbin and Barack Obama, and was unanimously confirmed by the Senate on November 13, 2007. Judge Dow has been appointed by Chief Justice John G. Roberts, Jr. to serve as a member of the Advisory Committee on Appellate Rules of the United States Judicial Conference. He also is a member of the Rules Committee of the US District Court for the Northern District of Illinois and the court's liaison to the Pro Se Assistance Program Advisory Board.  He has sat by designation on the United States Court of Appeals for the Sixth and Seventh Circuits.

Prior to his service on the federal bench, Judge Dow was an associate and partner at Mayer Brown LLP. While in private practice, he was a member of Mayer Brown's Supreme Court and Appellate Litigation and General Litigation practice areas. Between 2000 and 2006, he served as a director and officer of the Appellate Lawyers Association of Illinois, including a term as ALA President in 2005-06. He also participated as a Fellow in the Leadership Greater Chicago program in 2003-04.  Dow is a contributing author of BNA's FEDERAL APPELLATE PRACTICE treatise, which was published in 2008, and he has authored or co-authored several articles, including "Arguing for Changes in the Law," which appeared in the Winter 1999 issue of Litigation.   

Before joining Mayer Brown, Dow served as a law clerk to Judge Joel M. Flaum of the United States Seventh Circuit Court of Appeals in Chicago. In 1987, Dow received a bachelor's degree in history and political science from Yale University summa cum laude with distinction in both majors and was elected to Phi Beta Kappa. Between 1987 and 1990, he attended the University of Oxford in England on a Rhodes Scholarship, receiving both masters and doctorate degrees in International Relations and earning three varsity letters for basketball.  He then attended Harvard Law School, graduating cum laude in 1993, serving as an editor on two law journals, and receiving an award for excellence in undergraduate teaching at Harvard College.

Judge Dow is active at the Cathedral of St. Raymond Parish, Joliet Catholic Academy, and the Daybreak Shelter in his home town of Joliet, Illinois, where he has coached youth basketball, baseball, football, and soccer. 


STEPHEN R. REYNOLDS                            


Employment History

  • 1983-1985, Associate, Haight, Gardner, Poor & Havens;
  • 1985-1989, Associate, Crummy, Del Deo, Dolan Griffinger & Vecchione (now Gibbons, PLC);
  • 1989-2001, Partner, Gibbons;
  • 2001-2004, Vice President, Chief Litigation Counsel, Aventis;
  • 2004, Chief Litigation Counsel, Sanofi-Aventis;
  • 2005-2006, Deputy General Counsel, Chief Litigation Counsel, Lucent Technologies; 2007-Present, Senior Vice President and General Counsel, Alcatel-Lucent;
  • 2008-2009, Trustee, Alcatel-Lucent Foundation;
  • 2009-Present, Member, Alcatel-Lucent Management Team;
  • 2007-Present, Member, Alcatel-Lucent Senior Leadership Team;

Education
 

  • B.A. (History), Princeton University, 1980
  • J.D., Fordham University, 1983.


Admissions
 

  • Admitted to New York Bar, 1983, New Jersey Bar, 1985;
  • Admitted before Second and Third Circuit Courts of Appeal;
  • Member, World Economic Forum, Council on the Rule of Law, 2011-present;
  • Member, American Bar Association, New Jersey Bar Association, the Association of General Counsel, Chief Legal Officer Roundtable and New Jersey Leadership; Trustee, Independent College Fund of New Jersey.


Henry G. “Harry” Burnett
King & Spalding LLP

Henry G. “Harry” Burnett – Partner; New York. Harry has over twenty years of experience in business disputes, including international commercial and investor-State arbitration matters and ADR proceedings as well as general domestic and international litigation in state and federal courts in the U.S. Has also served as arbitrator (sole, party-appointed and chair) and mediator in numerous international disputes (ICC, ICDR, AAA, CPR, JAMS), many involving Latin American parties. Ranked by clients and peers in Legal 500, Chambers USA, Chambers Latin America, Legal 500-Latin America, The International Who’s Who of Oil & Gas Lawyers and The International Who’s Who of Energy Lawyers. Voted as one of the “Top Partners to Work For - New York” in the first poll of its kind by Above the Law. Member, International Bar Association, Latin America Forum and Arbitration Committee, Board Member, Brazilian-American Chamber of Commerce; Member, Bolivian-American Chamber of Commerce and Peruvian Business Council. B.S. Degree, University of Notre Dame; J.D., Vanderbilt University School of Law. He is admitted to practice in New York, New Jersey, Illinois and multiple U.S. federal courts. Fluent in Spanish and Portuguese.


John Fellas is a partner in the New York office of Hughes Hubbard & Reed LLP, and co-chair of the Arbitration Practice and co-chair of the International Practice of that firm.

Mr. Fellas has practiced in both the U.S. and England, and as well as being a member of the New York Bar, he is also a Solicitor of the Supreme Court of England and Wales.  He has served as counsel, and as chair, sole arbitrator and co-arbitrator, in arbitrations under the AAA, ICC, LCIA, UNICTRAL, ICDR, SIAC and ad hoc rules.  He also serves on the Mediation Panel of the District Court for the Southern District of New York.  He has also been retained to act as an expert witness on U.S. law in proceedings in other countries.

He has been recognized for his practice in international arbitration by:  Who’s Who Legal – The International Who’s Who Of Business Lawyers; Chambers USA - Guide to America’s Leading Business Lawyers; Chambers Global; The Best Lawyers In America; Euromoney Expert Guides -- Best of the Best USAChambers Global and Chambers USA  have noted that he is “a wonderful lawyer with very thorough legal knowledge,” and that he is “one of the best--his reputation is phenomenal and deserved.”

He has also been recognized for his practice in commercial litigation by:  Who’s Who Legal – The International Who’s Who of Business Lawyers; New York Super Lawyers.

He is co-editor of International Commercial Arbitration in New York (Oxford University Press 2d edition 2016).

He received a B.A. (Hons.) from the University of Durham, England, and both an LL.M. and an S.J.D. from the Harvard Law School.


Steven C. Bennett is a partner at Scarola Zubatov Schaffzin PLLC in New York City, where he practices commercial litigation and arbitration.  Steve is former Co-Chair of the New York State Bar Association E-Discovery Committee.  He co-founded the Sedona Conference Working Group on International Discovery.  He has taught E-Discovery Law at: Hofstra Law School, New York Law School and Rutgers Law School.  Steve is on the Commercial Arbitration and Mediation panels of the American Arbitration Association.  B.A., Macalester College; J.D., New York University School of Law.


Victor Marrero was appointed as a United States District Judge for the Southern District of New York by President William J. Clinton on October 5, 1999 and assumed office on December 1, 1999.

Mr. Marrero graduated from New York University with a B.A. degree (cum laude, with Honors in History) in 1964. He received his law degree in 1968 from Yale Law School, where he served as an editor of the Yale Law Journal. In 1966-67 Mr. Marrero studied as a Fulbright Scholar at the University of Sheffield (England) School of Law.

Upon graduation from law school, Mr. Marrero commenced a public service career in federal, state and city governments. He first served as an Assistant to the Mayor under New York City Mayor John V. Lindsay, who later appointed him as Assistant Administrator of the Model Cities Administration and then Executive Director of the Department of City Planning. Among other public offices he subsequently held were: Special Counsel to the New York City Comptroller (Harrison J. Goldin); First Assistant Counsel to the Governor (Hugh L. Carey); Chairman, New York City Planning Commission; Commissioner, New York State Division of Housing and Community Renewal; Under Secretary, U.S. Department of Housing and Urban Development by appointment of President Jimmy Carter in 1979.

Mr. Marrero began the practice of law in 1982 as a partner in the firm of Tufo & Zuccotti and then of Brown & Wood (by merger). His practice specialty was real estate, land use and environmental law, heading Brown & Wood’s practice group in these areas in 1991-93. In 1993 he was appointed by President William J. Clinton as Ambassador, United States Representative on the Economic and Social Council of the United Nations, and later as Ambassador, Permanent Representative of the United States to the Organization of American States.

Mr. Marrero actively participated in numerous civic and professional organizations, including as Director/Trustee of the following: The New York Public Library (currently Vice-Chairman of the Board); the State University of New York; The Cooper Union for the Advancement of Science and Art; Puerto Rican Legal Defense and Education Fund (Founder and first Chairman of the Board); Educational Broadcasting Corporation, WNET Channel 13; New York City Partnership; Association of the Bar of the City of New York (Vice President and Member of the Executive Committee, Member of the Judiciary Committee, Delegate to the New York State Bar Association House of Delegates; Committee for Modern Courts).

Mr. Marrero has also served on various special public committees, including Chairman, New York State Chief Judge’s Committee to Improve the Availability of Legal Services; Co-Chair, Chief Judge’s Pro Bono Review Committee; Governor Cuomo’s Task Force on Bias-Related Violence; Mayor Koch’s Panel on Parks and the Constitution; Mayor Dinkins’s Management Advisory Committee and Commission on the Homeless; Yale University’s Urban Advisory Committee.

Mr. Marrero served on the Board of Directors/Trustees of the New York Telephone Company (NYNEX) and the Consolidated Edison Company.

Mr. Marrero has taught real estate, land use and environmental law as a Visiting Lecturer in Law at the Yale Law School (1985-87) and Columbia Law School (1990-93). He was the recipient of the American Bar Association’s Pro Bono Publico Award (1993) and of the New York State Bar Association’s Root/Stimson Public Service Award (1992). In 1999 he was one of the recipients of the Ellis Island Medal of Honor.

Mr. Marrero is married to Veronica M. White. They have two children, Andrew and Robert.


Damien is leader of the firm's banking litigation practice in London and advises on contentious issues facing domestic and international banks, investment funds, private equity houses and other financial institutions. He has acted on high-profile matters including UBS' $2.3 billion fraudulent trading losses, the defence of Goldman Sachs in the claim brought against it by IFE Fund, and Rabobank's Enron-related proceedings against Royal Bank of Canada.

Damien has advised on disputes concerning corporate finance transactions, investment advice, fund management, securities trading, project finance, private equity investment, enforcement of security and structured finance.

His experience includes company and commercial disputes in London and Asia across a wide range of industries and professions, in the context of both High Court litigation and international arbitration.

Credentials

  • Goldman Sachs in relation to claims brought by the Libyan Investment Authority to recover substantial sums in respect of derivatives trades executed in 2008
  • Credit Suisse in its successful defence of a claim over the sale of an interest in an oil field in Azerbaijan
  • Pioneer in its successful appeal to the Court of Appeal over the correct interpretation of clause 2(a) (iii) of the ISDA Master Agreement
  • UBS in relation to the regulatory and criminal proceedings following the Kweku Adoboli rogue trading incident in 2011
  • Goldman Sachs in successfully defending a claim by a mezzanine investor fund alleging misrepresentation in relation to the information memorandum issued on syndication of the investment
  • Rabobank in a dispute with Royal Bank of Canada which arose in the context of a complex structured finance arrangement for Enron and involved parallel proceedings in London and New York
  • First Investments and others in a claim against US investment manager, Trust Company of the West, in respect to investments in mortgage-backed securities
  • the United States Securities and Exchange Commission in obtaining evidence in Hong Kong for use in insider dealing and fraud proceedings

Accolades

  • Damien Byrne Hill is a "standout individual," sources describe him as "razor-sharp."

    Chamber UK 2014
  • Damien Byrne Hill is identified as a "terrific" litigator and "a very clever guy."

    Chambers UK 2014

  • Damien Byrne Hill is ‘clearly on top of the detail, and his advice is commercial’.

    Legal 500 UK 2013

  • Damien Byrne Hill elicits praise for his "no-nonsense approach".

    Chambers UK 2012

  • Damien Byrne Hill is "enthusiastic, engaged and really identifies with the clients position".

    Chambers UK 2012


Mr. Zaslowsky is the Chairman of the litigation department of the New York office.  He practices in the area of general commercial litigation and arbitration, with a specialty in international arbitration. Among the international litigation and arbitration issues he has worked on are the following: Foreign Sovereign Immunities Act, enforcement of foreign arbitral awards, Alien Tort Claims Act, forum non conveniens, obtaining discovery in aid of foreign proceedings under 28 U.S.C. § 1782 and foreign attachments. Mr. Zaslowsky has participated in arbitrations, both inside and outside the United States, before the American Arbitration Association, International Chamber of Commerce, Iran-United States Claims Tribunal, Hong Kong International Arbitration Centre, and FINRA, as well as in ad hoc arbitrations. Mr. Zaslowsky has been included for a number of years in the Chambers USA Guide and Chambers International for his expertise in International Arbitration. He has also served as an arbitrator and is on the roster of arbitrators for the International Centre for Dispute Resolution and the American Arbitration Association.

Recent Publications, presentations and articles

Mr. Zaslowsky speaks frequently on issues regarding international litigation and arbitration.  As examples, he spoke at the the Association of Corporate Counsel Ethics Marathon on "Attorney Client Privilege Around the World" and at the New York State Bar Association International Law Boot Camp on "The Conduct of an International Arbitration."  He is co-author of the "International Litigation" column in the New York Law Journal and is co-editor of Baker & McKenzie's "International Litigation and Arbitration Newsletter."

Professional affiliations

Mr. Zaslowsky is a member of New York City Bar Association, where he serves on the the In-house/Outside Litigation Counsel Group and the Arbitration Committee. In addition, David is a founding member of the International Arbitration Club of New York. He is also a member of the American Bar Association’s Litigation Section and International Section, as well as a member of the New York State Bar Association’s Commercial and Federal Litigation Section, and the Arbitration Committee of the CPR. David is a member of the Board of Directors of the New York International Arbitration Center.

Education and admission

Mr. Zaslowsky received his J.D. from Yale Law School in 1984. He received his B.S. in computer science, summa cum laude, from Brooklyn College in 1981. He is admitted to practice in the States of New York and New Jersey, as well as in numerous federal district courts and appellate courts.

Global areas of practice

Litigation