We obtained a successful outcome for a leading global energy company in an ICC arbitration arising out of the construction of an LNG project in Australia. The arbitration resulted from the consolidation of multiple high-value ICC arbitrations, and is believed to be among the largest arbitrations in the world in 2021. The LNG project in question is one of the most significant oil & gas projects on Earth.

We successfully defended five Chinese Banks in an action seeking US$150 million in contempt sanctions. Nike had obtained judgment in the US District Court for the Southern District of New York for more than US$1 billion against hundreds of makers of counterfeit goods in China. During the enforcement proceedings, an assignee to the judgment issued third-party subpoenas, demanding that the banks restrain the counterfeiters’ accounts pursuant to US asset freeze orders, and seeking production of the counterfeiters’ account information from banks in China. The assignee subsequently moved for contempt sanctions against the banks, alleging that the banks had failed to comply. Following briefings by the parties, the court denied the sanctions request, holding that the banks’ branches in China were not subject to the asset restraints and that the banks had substantially complied with the discovery order.

We advised the Swedish Tax Agency and the Swedish Financial Supervisory Authority on a civil action in the Southern District of New York. The case was brought principally by a Swedish national alleging RICO claims, computer hacking claims, tortious interference with contract claims and intentional infliction of emotional distress claims. White & Case filed a motion to dismiss on behalf of all the Swedish sovereign defendants, arguing for dismissal under the FSIA, and under common-law immunity for the agency heads. The Firm also argued that dismissal was warranted for lack of personal jurisdiction, based on an application of the act of state doctrine and forum non conveniens, and a number of grounds for failure to state a claim. The court granted the motion, dismissing the complaint in its entirety and without conditions. Plaintiffs later decided to forgo their appellate rights, giving our Swedish clients complete victory.

We secured victory for UTC Investment, a Korean private equity and venture capital firm, in a post-M&A SIAC arbitration. The claims arose out of breaches of misrepresentations, warranties and covenants by the seller in a private equity M&A transaction.

We advised London-based Amber Capital on the conclusion of a settlement agreement with Lagardère, putting an end to several judicial proceedings between the organizations. After investing in Lagardère and pushing for major corporate governance and strategy changes, the two entities found themselves involved in fierce judicial proceedings whereby Lagardère sought the protection of several “white knights,” including former French president Nicolas Sarkozy, Vivendi and Financière Agache. In April 2021, Lagardère announced its proposal to change its governance structure into a French Société anonyme, a regular company with a regular board. The proposal was approved at Lagardère's general meeting, and the main shareholders—Amber Capital, Vivendi, Financière Agache and QIA—all now have seats on the board of directors.