Defeated motion to quash information subpoena seeking world-wide discovery against South American sovereign and its agencies and instrumentalities, successfully arguing in New York federal court for European investors that such requests did not violate the U.S. Foreign Sovereign Immunities Act.
Defeated motion for a preliminary injunction sought against German client, successfully arguing in New Jersey federal court against extraterritorial application of U.S. law.
Represented European client in contract dispute with Asian entity in AAA/ICDR arbitration seated in New York.
Obtained ex parte pre-judgment attachment in New York federal court pursuant to Rule 64 of the Federal Rules of Civil Procedure and Article 62 of the N.Y. Civil Practice Law and Rules.
Achieved dismissal of a complaint brought by an Uruguayan company based on alleged credit agreement against a Dutch client, successfully arguing that the New York federal court lacked diversity jurisdiction under 28 USC § 1332.
Represented Dutch intellectual property holding company during 2-day bench trial in New York federal court against a Hong Kong-based publicly traded corporation in an intellectual property ownership dispute.
Defeated motion to dismiss copyright infringement claim brought by European client pursuant to the Berne Convention for the Protection of Literary and Artistic Works and U.S. copyright law based on foreign unregistered work, successfully arguing that only a minimal degree of creativity is required for protection pursuant to Feist Publications v. Rural Telephone Service Co.
Won summary judgment in New York federal court for recognition of foreign judgments and interest totaling close to $45 million pursuant to Article 53 of the N.Y. Civil Practice Law and Rules.
Represented financial advisor in FINRA arbitration against a diversified financial services company and obtained confirmation of the award in New York state court pursuant to Article 75 of the N.Y. Civil Practice Law and Rules.
Advised Cyprus client on U.S. federal litigation involving patent, trademark and copyright claims, successfully reducing client’s exposure to less than 2% of original demand.
Defeated motion to dismiss for lack of subject matter jurisdiction for Dutch client in declaratory judgment action, successfully arguing in New York federal court that a case of actual controversy existed pursuant to Article III of the U.S. Constitution even though client had not yet made any sales of goods in the U.S.
Represent investment manager in $100+ million dispute related to international private equity investment program against Cayman, New York and Brazilian entities and individuals in New York state and federal court, and involving the application of New York and Cayman law.
Defeated objection by a sovereign to the sufficiency of service of process under the Hague Convention of the Service Abroad of Judicial and Extra-Judicial Documents in Civil and Commercial Matters.
Favorably settled client’s employment-related dispute with executive through AAA/ICDR mediation involving German and U.S. parties.
Assisted as secretary to arbitrator in various matters including those under various laws and institutional rules, including ICC, UNCITRAL and AAA/ICDR.
Favorably settled three high balance international (European-U.S.) commercial debt collection and recovery matters.
Defeated motion for judgment on the pleadings for European client in New York federal court, successfully arguing that maritime lien and certain bills of lading were not dispositive of client’s claims.
Represented institutional investment management service provider at 10-day trial in New Jersey state court in “business divorce” suit involving claims of shareholder oppression and breach of fiduciary duty.
Represented C=Holdings B.V. in a trial against Asiarim Corporation regarding ownership of Commodore trademark. Gusy and Weldon achieved confirmation of ownership by our client and an award of $1 M in statutory damages via scrupulous correspondence review and strong cross-examination.