Led by attorneys with decades of experience at major New York law firms, our litigation team offers U.S. law sophistication on a China-focused platform. We have an extensive track record in China-related and cross-border disputes in U.S. courts and arbitral tribunals.
Leveraging our deep connections in China and the Chinese business community in the U.S., our clients have included Chinese state-owned enterprises, private companies, and entrepreneurs. We have also represented companies based elsewhere in Asia, including major corporations in Korea and Japan. In addition to representing foreign clients in U.S. litigations and arbitrations, we also represent U.S. companies facing disputes with Chinese and other foreign-based entities. Our experience spans a wide range of subject areas, from disputes resulting from cross-border transactions to matters involving securities, complex contracts, intellectual property, distressed assets, and commercial real estate. Although our litigation department focuses on China-related matters, we also regularly handle a wide array of other complex matters in all stages, including pre-suit negotiations, mediations, litigations, and arbitrations.
Our boutique structure allows us to avoid conflicts that can restrict other law firms and allows us to operate nimbly in the legal market. We are flexible and efficient, with matters personally handled by partners with extensive courtroom and trial experience. We approach each matter with care and focus, and we offer fee structures that allow us to share risks and rewards with our clients, including contingency fee arrangements when suitable. We represent our clients with tenacity, strategic thinking, and a singular focus on achieving the best possible outcome for our clients.
Represented Beijing-based life insurer in the International Chamber of Commerce arbitration against American International Group (AIG) in Hong Kong arising out of a failed stock purchase transaction. Won $475 million awards 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 the 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 the shareholder vote on $180 million acquisition. Successfully resolved injunctive motions, permitting transactions to close.
Represented investment fund in shareholder litigation in Florida state court alleging breaches of fiduciary duty in connection with a $143 million merger. Argued motion to dismiss, which was granted by the court from the bench.
Securities
Represented directors and officers of Chinese manufacturers in federal securities class action involving $30 million in damages. Successfully settled the case.
Represented shareholder and director of U.S. 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 the Government of India under bilateral investment treaty pursuant to UNCITRAL rules, arising from the alleged expropriation of a power plant.
Lead counsel for Cayman hedge funds in a $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 the 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 a 4.95 million EUR shipping contract.
Government Investigations
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 a two-year investigation by the Federal Energy Regulatory Commission into allegations that the funds traded electricity in violation of market manipulation rules. Represented the same funds in related breach-of-contract and RICO litigation pending in three courts, including at trial in the Eastern District of Pennsylvania.
Intellectual Property
Represented Shanghai-based manufacturing and design company in an 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 litigation concerning alleged infringement of five patents concerning industrial automation technology used in complex manufacturing equipment. Successfully obtained a temporary restraining order and an injunction preventing a competitor from selling the accused infringing product in the United States.
Represented defendants in 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.
Real Estate
Representing Chinese developers in defending litigation relating to brokerage fee allegedly due in a $260 million real estate deal. Argued and won the appeal, in which the First Department unanimously reversed the trial court decision and dismissed the complaint.
Represented technology startup in commercial lease dispute in New York state court. Successfully secured a restraining order on behalf of the client, after which the matter was resolved.
Bankruptcy Litigation
Represented Chinese state-owned battery maker in defense of $14 million in claims asserted by a 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 a 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 DGW Kramer LLP.
