Numerous mediations, arbitrations, and alternative dispute resolution proceedings, including an international arbitration pursuant to the North American Free Trade Agreement (NAFTA); arbitrations conducted by the New York Stock Exchange and the National Association of Securities Dealers (NASD); and private proceedings involving business corporations and investors.
Bank One (later acquired by J.P. Morgan Chase) in a series of cases presenting the question of the enforceability, under the Federal Arbitration Act, of an arbitration clause in a credit-card customer agreement. Bank One, N.A. v. Boyd, 288 F.3d 181 (5th Cir. 2002). See 2001 WL 34095898 (brief) (U.S. Court of Appeals for the Fifth Circuit); Bank One, N.A. v. Pittman, 54 Fed. Appx. 405 (5th Cir. 2002). See 2002 WL 32179237 (brief) (U.S. Court of Appeals for the Fifth Circuit); Bank One, N.A. v. Quinn, 46 Fed. Appx. 226 (5th Cir. 2002). See 2001 WL 34154175 (brief) (U.S. Court of Appeals for the Fifth Circuit).
A Fortune 50 financial services client analyzing the scope an arbitrator’s subpoena power.
A two-week arbitration on behalf of a private equity firm in its breach of contract claim with regard to the sale of a healthcare company, which included allegations of civil fraud.
AWG Group Ltd. of Great Britain in a case involving international arbitration agreements and the question whether, in disputes involving a multi-stage dispute resolution process, a court or instead the arbitrator determines if a precondition to arbitration has been satisfied. BG Group PLC v. Republic of Argentina, No. 12-138.
Two private equity funds, and the company in which they invested, in an arbitration against the founder-sellers involving breaches of representations and warranties, including for compliance with laws in the wake of a federal investigation and indictment of a related entity and former employee.
NL Industries in arbitration, litigation, and appeal involving breach of environmental remediation contract claims and cross-claims against Canonie Environmental Services arising out of the cleanup of a Superfund Site.
Puget Sound Power, PacifiCorp, Portland General, & Washington Water Power in coal supply contract arbitration with a mining company.
Bank One (later acquired by J.P. Morgan Chase) in a case presenting the question whether the prudential “tribal exhaustion” doctrine relating to Native American tribal courts displaces the statutory command of the Federal Arbitration Act. Bank One, N.A. v. Shumake, 34 Fed. Appx. 965, 281 F.3d 507 (5th Cir. 2002), 537 U.S. 818 (2002). See 2002 WL 32750710, 2001 WL 34127735, 2001 WL 34127734 (briefs) (U.S. Supreme Court and U.S. Court of Appeals for the Fifth Circuit).
A dental and veterinary imaging company in an accounting arbitration dispute with its purchaser regarding the calculation of a contingent purchase price earnout.
The National Association of Consumer Bankruptcy Attorneys in a statutory construction case involving the specified expense deduction for vehicle-ownership costs under Chapter 13 of the Bankruptcy Code. Ransom v. FIA Card Services, N.A., 131 S. Ct. 716 (2011).