Matters by Continent

ASIA

  • Represented a Taiwanese computer mouse manufacturer in the first successful antitrust and IP misuse case against Microsoft. The case was widely reported in major media around the world and in biographies of Bill Gates. Since then, Fox Rothschild has litigated against Microsoft in 20 separate cases.
  • Formed GC Capital LLC, a technology venture fund, and counseled its successful fund raising, subsequently moving its headquarters from the United States to Hong Kong.
  • Represented a prominent Russian industrial concern in a federal securities fraud claim asserted against a large U.S. investment bank stemming from the liquidation of a $1 billion investment.
  • Defended American concerns in a $60 million lawsuit brought by a major Russian bank in the Delaware Court of Chancery.
  • Represented a Russian metallurgical distributor in a $121 million commercial fraud claim against a publicly traded Asian smelter.
  • Represented Hong Kong film distributor in setting up branch office in the U.S. and advising on distribution agreements.
  • Chinese firms in arbitration proceedings before the China International Economic and Trade Arbitration Commission (CIETAC) regarding arbitration awards and enforcement in the United States.
  • Represented a Russian liquor distributor in a dispute with a publicly traded U.S. company over the termination of foreign licensing rights.
  • Obtained favorable settlement for an ex-Hong Kong accounting partner in a claim against a global accounting firm for breach of fiduciary duty arising out of alleged “scapegoating” for SEC regulatory violations.
  • Represented GVC, a leading Taiwan computer component manufacturer, in successfully obtaining U.S. government approval of its takeover of Maxtech Corporation, an American distributor and OEM manufacturer of modems and computer peripherals and its takeover of BCM Advanced Research Incorporated, an American computer company.

EUROPE

  • Prosecuted copyright and trademark claims on behalf of a leading educational publisher, School Zone Interactive, against a Spanish and Arabic localization company; won summary judgment motion and an award in excess of $2.3 million, plus attorney’s fees. Multimedia Zone Inc. et al. v. Star E Media, et al., U.S. District Court, Central District of California.
  • Obtained a multimillion-dollar jury award for damages in a hard-fought breach of contract trial on behalf of client Nature’s Plus Nordic AS, a Norwegian distributor of skin care, makeup and health supplements in the Nordic region. Nature's Plus Nordic AS v. Natural Organics Inc., (E.D.N.Y. 2009).
  • Represented a European company alleged to have engaged in multiple criminal violations, including mail fraud and wire fraud. After an extensive internal investigation and modifications to certain business practices, the government declined prosecution.
  • Represented a privately held Swiss medical device company in all aspects of its U.S. and worldwide operations, including strategic acquisitions across the globe and the $120 million sale of the company to a publicly traded company.
  • Defended distributor of famous Norwegian cheese brand in trademark and trade dress infringement claims.
  • Represented the Clinigen Group plc (LSE: CLIN), a specialty global pharmaceutical company based in the U.K., in its:
    • £225 million acquisition of Idis Group Holdings Limited, the leading supplier for ethical on-demand products, with products in more than 120 different countries. Clinigen is the market leader in the $5+ billion unlicensed medicine supplier sector and has a leading position in the $2 billion clinical trial supply market.
    • Acquisition of the global rights to the oncology support therapy Ethyol® (amifostine) from AstraZeneca. This is the second product Clinigen has acquired from AstraZeneca, and the Group’s third oncology support product bringing the specialty pharmaceuticals portfolio to five products.
    • Acquisition of Foscavir Hospira and on its acquisition of marketing and sales rights for a multiple sclerosis treatment from Genzyme.
  • Represented Moda Technology Partners, Inc. in the sale of all of its stock to Lonza, Inc., a Swiss publicly traded pharmaceutical company, in a transaction that represented more than a treblex return on investment for the venture capital and other investors in Moda.
  • Represented Lloyds of London, a British insurance and reinsurance market, in hundreds of insurance disputes.
  • Represented Switzerland-based Axxiome Group, a global products, services and advisory firm, in its acquisition of J9 Technologies, Inc., an information technology and services company. The acquisition will allow Axxiome to extend its reach and product portfolio in the North American market.

THE AMERICAS

  • Represented Amaya Gaming Group Inc. (TSX: AYA), a leading supplier of gaming equipment and software based in Canada, in an all-cash acquisition of PokerStars for an aggregate purchase price of $4.9 billion. The deal makes Amaya the world’s largest publicly held online poker company.
  • Defended a major Mexican retailer resisting $1.5 billion in contract claims arising out of the sale of exotic currency derivatives asserted in New York County Supreme Court by four derivatives dealers.
  • Recovered $47 million for victims of Cuban terrorism in execution proceedings against a New York bank holding Cuban assets; Weininger v. Castro, 462 F. Supp. 2d 457 (S.D.N.Y. 2006).
  • Defended CEO of oil services company in FCPA indictment related to contracts with alleged instrumentality of Columbian government.
  • Represented a Canadian reinsurance company in a series of acquisitions and divestitures.
  • Negotiated recovery of control over a $45 million securities account tied up in a bankruptcy case for Mexican investors without litigation.
  • Represented a Canadian broadcaster against several copyright claims brought by a producer
  • Negotiated and drafted agreements for a Brazilian watch company to purchase select trademarks from a U.S. company.
  • Represented a Trinidad and Tobago company in connection with a joint venture with a Florida entity for the operation of a cement packaging facility and cement distribution business in Haiti, and a ground lease with a major port operator located in Port-au-Prince, Haiti.
  • Represented UCLA Vice Chancellor Chi Ming Ho and Professor C. J. Kim in a multimillion-dollar micro machine patent sale transaction with one of the 10 largest computer companies.

AUSTRALIA

  • Represented Shenzhen Infinova and its Hong Kong-based subsidiary Infinova International (Infinova), a leader in high definition video surveillance solutions, on Infinova’s $85 million acquisition of Australian-based Swann Communications Pty Limited, a company specializing in the supply of surveillance and monitoring technology to the retail market.
  • Represented UXC Eclipse, the leading global implementation partner for intelligent business solutions, in the acquisition of Tectura North America. This acquisition will allow UXC Eclipse, a business unit of Australian IT solutions and services company UXC Limited, to become one of the largest Microsoft Dynamics resellers in the Americas.

MULTI-CONTINENT

  • Represented a Russian company in litigation over ownership rights to a Danish oil storage terminal. Coordinated complex multi-jurisdictional litigation simultaneously filed in Delaware, Finland, Denmark and Russia, which ultimately confirmed client’s ownership interests and allowed client to consummate a significant business transaction.
  • Represented an international specialty freight forwarding and logistics company in a series of transactions including the acquisition of two companies in England; the formation of a joint venture in Mexico with a Brazilian company; the acquisition of three companies in Mexico; and the acquisition of a U.S. freight forwarding company for the fine arts industry.
  • Represented a manufacturer of organic beverages in a series of equity investments (totaling more than $21 million) made by private equity investors from Switzerland, the Bahamas, Canada and the United States.