International Business Disputes
Specialists in cross border business disputes, we have particular strength in handling breach of contract cases and other business disputes for both plaintiffs and defendants. Our extensive international experience is particularly valuable for negotiating contracts with international counterparties, understanding contractual language issues, choice of law, venue, special indemnities, unique foreign jurisdictional tax considerations for international contracts and termination provisions. We represent individuals as well as small and large business organizations across a wide range of industries. Practical where we can be, aggressive when we need to be. The type of matters include:
- Contract negotiations
- Foreign litigation advice
- Cross border disputes
- Acted for a European specialty brand retailer in a vendor non-performance case where force majeure was claimed as a result of COVID-19.
- Acted for a large US specialty brand retailer in negotiating the early termination of two separate global distribution and e-commerce fulfillment agreements as well as in negotiating a new agreement for such services across 11 markets.
- Advised a large discount retailer in a group acquisition of small retailers in China. Changes in China tax law after signing and before completion would have substantially changed the potential tax liabilities, which were not foreseen in the tax provision drafted by a large wall street firm. Advised the client on self-disclosure of the indirect share transfers to China’s State Administration of Taxation in order to accelerate any possible tax demand and properly render them liabilities of the sellers. Saved the client tens of millions in contingent liabilities.
- Acted for a European home and garden brand in a shareholder dispute. This dispute involved complications resulting from a 50/50 joint venture structure. Successfully enabled the company’s continued operation and limited the dispute to avoid risking the company’s liquidity. The dispute was successfully settled.
- Represented a large US specialty brand retailer in negotiating service agreements for cosmetic regulatory testing and approval services as well as negotiated complex e-commerce fulfillment, warehouse and distribution agreements across multiple Asian markets.
- Advised a US publicly traded retailer in a big ticket dispute arising from a terminated distribution agreement. Successfully settled the dispute for substantially less than the amount reserved for the potential liabilities.
- Engaged by a US manufacturer of high tech optical lenses in an investigation arising from possible customs fraud by a third party manufacturer. Identified the root cause and implemented corrective action while advising on voluntary disclosures to certain regulators.
- Represented a Scandinavian trading company in contract termination negotiations with a large Swedish retail chain. The contract involved complex managed services, termination transition services and liquidated damages for termination.
