Litigation and Arbitration – Representative Experience*
M&A and Deal-Related Disputes
- Represented Beijing-based life insurer in International Chamber of Commerce arbitration against American International Group (AIG) in Hong Kong arising out of a failed stock purchase transaction. Won $475 million award in favor of Huaxia, after a highly contested trial with numerous fact and expert witnesses.
- Representing Shanghai-based financial services firm in New York litigation arising from failed cross-border merger with U.S. publicly traded issuer.
- Represented publicly traded medical device distributor in successfully opposing lawsuits in eleven courts seeking to enjoin shareholder vote on $180 million acquisition. Successfully resolved injunctive motions, permitting transaction to close.
- Represented investment fund in shareholder litigation in Florida state court alleging breaches of fiduciary duty in connection with $143 million merger. Argued motion to dismiss, which was granted by the court from the bench.
- Represented directors and officers of Chinese manufacturer in federal securities class action involving $30 million in damages. Successfully settled the case.
- Represented shareholder and director of US publicly traded Chinese media company in federal securities class action and International Center for Dispute Resolution arbitration seeking $113 million in damages. Successfully settled the case.
- Represented German bank in defending nearly $2 billion in claims arising from the collapse of a commercial paper conduit backed by mortgage backed securities. The matter involved highly complex collateralized debt obligations (CDOs) and structured products.
Complex Contracts and Derivatives
- Represented U.S. investors in $7 billion international arbitration against Government of India under bilateral investment treaty pursuant to UNCITRAL rules, arising from alleged expropriation of power plant.
- Lead counsel for Cayman hedge funds in $60 million lawsuit against Barclays Bank involving complex English law governed derivatives in New York state court. Defeated motion to dismiss, which led to a favorable settlement.
- Represented global bank in defense of class actions challenging the legality of corporate retirement plans, with potential liability of over $1 billion. The matter settled without any payment to the class following several years of litigation.
- Represented Chinese state-owned shipping conglomerate in negotiation and dispute resolution with ConocoPhillips regarding 4.95 million EUR shipping contract.
- Represented independent directors of a publicly traded corporation during investigations into allegations of stock options backdating by the Manhattan District Attorney and the company’s Special Litigation Committee and Audit Committee — and in three related securities litigations pending in the Southern District of New York.
- Represented a major international chemical company in multidistrict class-action litigations concerning allegations of price fixing and in a related investigation conducted by the Department of Justice.
- Represented hedge funds in two-year investigation by Federal Energy Regulatory Commission into allegations that the funds traded electricity in violation of market manipulation rules. Represented same funds in related breach-of-contract and RICO litigation pending in three courts, including at trial in Eastern District of Pennsylvania.
- Represented Shanghai-based manufacturing and design company in international intellectual property lawsuit in Georgia federal court. Secured dismissal of the action.
- Represented Chinese clothing designer and manufacturer in an action in Pennsylvania federal court regarding ownership of a trademark. The matter was resolved on favorable terms after a preliminary injunction hearing with the trademark transferred to the client.
- Represented patent owner in a litigation concerning alleged infringement of five patents concerning industrial automation technology used in complex manufacturing equipment. Successfully obtained a temporary restraining order and injunction preventing a competitor from selling the accused infringing product in the United States.
- Represented defendants in a patent litigation concerning alleged infringement of claimed autopilot, navigation and terrain/weather display inventions.
- Represented MPEG-2 and ATSC patent owners in a patent infringement action — among the first patent infringement cases in the United States concerning the technology for digital television mandated by Congress — brought in the Southern District of New York against a major international television manufacturer concerning the use of MPEG-2 and ATSC patents in its products.
- Represented plaintiff consumer electronics companies in a patent infringement action against global PC manufacturer concerning digital video compression technology.
- Representing Chinese real estate developers in litigation in New York state court seeking a brokerage commission in connection with a $260 million transaction.
- Represented technology startup in commercial lease dispute in New York state court. Successfully secured restraining order on behalf of client, after which the matter was resolved.
- Represented Chinese state-owned battery maker in defense of $14 million in claims asserted by trustee in Delaware bankruptcy court. Successfully settled the case.
- Represented Taiwan government agency in litigation brought by a liquidation trustee in New York bankruptcy court seeking over $40 million. Won dismissal of the action by the bankruptcy court.
- Representing the founder of a major Chinese internet company in an $80 million litigation arising out of the collapse of Lehman Brothers.
- Trial counsel for creditors committee of zinc company in three-day bench trial in Delaware bankruptcy court involving numerous fact and expert witnesses. The court ruled in favor of the committee’s position and confirmed the heavily contested Chapter 11 plan at issue.
* Includes our lawyers’ experience prior to joining Dai & Associates, P.C.