International Disputes

South Africa's case against Israel before the International Court of Justice must identify legal elements of genocide sufficient to prevail, but reporting on the proceeding largely fails to clearly articulate what a case for genocide alleged in the context of war requires.

Solomon Shinerock and Alex Bedrosyan discuss the key legal rules and principles by which the parties to the conflict ultimately will be judged by the international community.

Who's Who Legal (WWL) has again recognized Cristián Francos as a global leader in the field of investigations. WWL highlights lawyers at the forefront of the investigations field, spanning white-collar crime, corporate compliance and regulatory enforcement.

On Tuesday, La Dolce Vita laid out a detailed argument supporting its request to seize the paintings, saying New York-based Christie's records confirm that Zhang was the successful bidder for the artworks and that Christie's considered Zhang the "true client," and not Apex.

While La Dolce Vita noted that Christie's wrote a "to whom it may concern" letter in January 2015 to "confirm" that Zhang's shell company had "paid in full for their purchases and is the owner" of the artworks, it also said that Apex failed to take possession of the paintings because "Christie's was not fooled" and refused to deliver them.

LBKM filed an amicus brief in support of the Republic of Argentina with the United States Court of Appeals for the Second Circuit in Petersen v. Argentina and a related appeal. LBKM represented OFEPHI, an organization of ten Argentine provinces, arguing that the district court misconstrued Argentina's expropriation law, and that complex questions of Argentine law should be left to Argentine courts.

Chambers has again lauded Tim Taylor KC for his expertise in Dispute Resolution in the United Arab Emirates. The 2024 Global Guide notes Tim's "many years' experience of litigation work in the DIFC Courts, taking on the full gamut of international disputes, and serving clients from such sectors as financial services, hospitality, and food and beverages."

The National Black Lawyers is an invitation-only professional development and networking association comprised of the top African American attorneys from across the country.

On July 21, 2023, an Annulment Committee at the International Centre for the Settlement of Investment Disputes (ICSID), revived the claims of Mr. Edmond Khudyan against the Republic of Armenia.  The Committee also ordered Armenia to pay Mr. Khudyan’s legal fees and costs.  Only 5% of ICSID awards have been annulled in part or in full.

An arm of the private equity firm CVC Capital Partners is trying to seize two paintings, including one by Andy Warhol, to satisfy $142 million in arbitral awards that it claims the Chinese restaurateur Zhang Lan has sought to avoid by concealing her assets.

Tom Malinowski, two-term representative for New Jersey's 7th Congressional District and former vice chair of the House Foreign Affairs Committee, is moving to an international litigation boutique to serve as senior policy consultant. 

In Turkiye Halk Bankasi A.S. v. U.S., the Supreme Court held that the FSIA did not provide immunity to a Turkish state-owned bank, Halkbank, for criminal charges, and that the bank could be prosecuted for evading U.S.-imposed economic sanctions against Iran.

LBKM’s Middle East team is featured in The Legal 500 Private Practice Powerlist 2023 for Arbitration (Middle East). The publication is designed to highlight the region's leading arbitration counsel to Legal 500's broad international readership of private practice lawyers, in-house counsel, and expert witnesses.

The United States Supreme Court decided for the first time that foreign sovereigns and foreign-owned entities are subject to criminal prosecution in United States courts, rejecting the contentions of a Turkish state-owned bank that it was immune from prosecution under the Foreign Sovereign Immunities Act (“FSIA”).  

Tim Taylor KC, named to Legal 500's Private Practice Powerlist for Arbitration in the Middle East, sat down to chat about the most impressive arbitration he's worked on as counsel, how disputes differ between London and the Middle East, and more.

Tim Taylor KC, former head of international arbitration in Dubai at King & Wood Mallesons, has joined the partnership at US disputes boutique Lewis Baach Kaufmann Middlemiss – but will continue to be based in the Middle East.

Disputes veteran Tim Taylor joins litigation boutique Lewis Baach Kaufmann Middlemiss (LBKM) and will reside in Doha and Dubai, further expanding the firm’s footprint in the Middle East. 

Tim Taylor KC comes on as a partner and will be based in Doha, Qatar, and Dubai, Lewis Baach said Wednesday. He has known his new firm's chair and co-founder, Eric Lewis, for several decades.

Lewis Baach Kaufmann Middlemiss has added international arbitration and dispute resolution leader, Tim Taylor KC, as a partner. Mr. Taylor will reside in Doha and Dubai, further expanding the firm’s growing footprint in the Middle East. 

The National Black Lawyers is an invitation-only professional development and networking association comprised of the top African American attorneys from across the country. 

Tara Plochocki was appointed to ICC FraudNet, an international network of leading civil asset recovery specialists.

Aisha Bembry, managing partner of LBKM's Washington office, was featured in Law.com's "How I Made It" series.

Solomon Shinerock joins LBKM from the Manhattan District Attorney's Office, where he worked in the Major Economic Crimes Bureau. Before that, he was an assistant U.S. attorney in the Northern District of New York.

A senior prosecutor who played a key role in New York’s investigations into former President Donald Trump has moved into private practice.

Solomon Shinerock, who left the Manhattan District Attorney’s Office on Sept. 30, joined litigation boutique Lewis Baach Kaufmann Middlemiss on Tuesday as a partner.

Who's Who Legal has recognized four Lewis Baach Kaufmann Middlemiss lawyers as leading asset recovery practitioners in its 2022 guide. 

The United States Supreme Court concluded in ZF Automotive US, Inc. v. Luxshare, Ltd. that federal district courts cannot order discovery for use in a private foreign arbitration via 18 U.S.C. § 1782—a statute that permits litigants to seek discovery in federal court for “use in a proceeding in a foreign or international tribunal.”  The unanimous decision narrows a useful discovery tool by prohibiting parties in or contemplating private, foreign arbitration from obtaining discovery through federal courts for use in that arbitration.

Lewis Baach Kaufmann Middlemiss PLLC is pleased to announce that John Moscow has been named to the 2021 New York Super Lawyers list. Each year, no more than five percent of the lawyers in each state are selected to receive this honor. In addition, A. Mackenna White has been named to the 2021 New York Rising Stars list. Each year, no more than 2.5 percent of the lawyers in the state are selected to receive this honor.

Who's Who Legal recognized four Lewis Baach Kaufmann Middlemiss lawyers as leading asset recovery practitioners for 2021. 

For "any kind of foreign litigation or arbitration ... that involves transactions in U.S. dollars, there's at least a possibility that there's going to be information in the U.S. and that tends to be attractive," said Lewis Baach Kaufmann Middlemiss PLLC partner A. Katherine Toomey.

Eric Lewis appeared on Corporate Counsel Business Journal's daily podcast, In House Warrior, to discuss extradition, OFAC sanctions, and what to expect from the Biden administration.

How will reopening efforts and the protracted nature of COVID-19 affect international commercial contracts that are governed by New York law?

This article sets out the basic process for obtaining extradition to the United States and reviews certain recent cases that suggest that the United States is trying to leverage its political power to bring defendants to the United States either to fulfill political agendas or where the United States’ interest is tangential at best in view of the demonstrable interest of other countries.

Six LBKM professionals have been selected to the 2019 New York and Washington, DC Super Lawyers lists - an honor limited to 5 percent of the lawyers in each state. In addition, one LBKM professional has been selected to the 2019 New York Rising Stars list. 

Waleed Nassar, an international disputes lawyer who represents two Saudi charities that are defendants in 9/11 litigation alongside Saudi Arabia, said, "the evidence, along with much of what has been submitted, is innuendo and circumstantial".

"The plaintiff's burden is to show something more direct, and that's really the only hope they have to have Saudi Arabia remain in the litigation," Nassar said. 

Katherine Toomey was interviewed about renewed Chamber of Commerce efforts to obtain disclosure of third party funding arrangements for litigation.   She noted that the process of obtaining funding can be helpful “because oftentimes you are engaging in a real testing of the strength of the case. . .  You have people who are very knowledgeable and are interested in making sure they're making a good investment, asking you some very hard questions about the weakest parts of your case. So the cases that make it through are stronger for the process."

The Appellate Division, First Department, recently affirmed the dismissal of various claims brought by New Greenwich Litigation Trustee, successor to the claims of two feeder funds in the Bernard Madoff affair, against various third-party fund administrators, accountants and auditors.

Next week, for the second time in two years, the U.S. Supreme Court will hear argument in a case for the purpose of resolving a split in the circuits concerning the scope of the bank fraud statute — 18 U.S.C. §1344. 

A case study of second generation wealth, sophisticated and calculating money men, off-shore funds, fast cars, Swiss banks and highland properties. 

Partner Tara Plochocki will be speaking at this event during London International Disputes Week 2024.

In a decision issued on Feb. 5, the U.K. Supreme Court quashed a notice pursuant to Section 2(3) of the 1987 Criminal Justice Act, that sought to require a U.S. corporation, KBR Inc., to produce documents located in the U.S.  The decision has important consequences for cross-border discovery and investigations, as the U.S. and the U.K. appear to be taking divergent approaches.

The U.S. District Court in the District of Columbia recently denied a petition to recognize and enforce an international arbitration award against a government-owned airline on jurisdictional grounds.  The decision in UAB Skyroad Leasing Inc. v. OJSC Tajik Air, 20-cv-0763 (D.D.C. Jan. 26, 2021) illustrates the hurdles to enforcing an arbitral award against a foreign state-owned enterprise, even when that enterprise is engaged in pure commercial activities and controlled by the state. 

In recent weeks, the world has been engulfed by the spread of COVID-19 as governments scramble to protect their citizens and avoid the collapse of public health systems and long-term damage to their economies. The wide-ranging efforts to flatten the curve of COVID-19 has created a tidal wave of ramifications for an international business community that is today more interconnected than ever, and led to high levels of uncertainty surrounding current and future contractual obligations. At a time when government policies fluctuate daily and courts and arbitration centers are becoming increasingly inaccessible to resolve active disputes, it is difficult for a party to seek or obtain interim measures or relief. From country to country and company to company, the responses have not been uniform: some commercial parties have continued to perform their obligations, while others have argued for wholesale abdication of their responsibilities, and still others are somewhere in between. Certain trends of government action and commercial response are emerging worldwide, no less so in the hyper-connected global businesses that are found in the Middle East.

In these tough times, when clients are looking to protect assets and increase revenue, it is more important than ever to ensure that their arbitral awards are collectible. A truly successful outcome requires the ability to enforce and monetize the award that was won in the arbitration. When faced with a recalcitrant award debtor, it is imperative to think strategically and work closely with counsel and experts to enforce and identify recoverable assets.

The First Department Appellate Division in New York recently issued a ruling that will make the recognition of foreign country money judgments more difficult in New York. Kate Toomey and Tara Plochocki summarize its impact.