Category Archives: Cases

13
Aug
2014

Cases

Recent Arbitration Experience

  • ICC Arbitration, dispute between an international software company and an Asian company for breach of a software license.  Korean governing law.
  • ICDR Arbitration, dispute between a Chinese investor and a US property development company for breach of contract.  New York and Delaware governing law.
  • ICDR Arbitration, dispute between a US manufacturer and a Kuwait distributor for breach of a Master Franchise Agreement for product sales in Kuwait, United Arab Emirates, Saudi Arabia, Qatar, Oman and Bahrain.  Delaware governing law.
  • AAA Arbitration, sole arbitrator for three-week hearing, dispute between two US subcontractors under a US Government prime contract for breach of contract for a commercial product. Arizona and Government Contract governing law.
  • ICDR Arbitration, sole arbitrator, dispute between a US contractor and an Afghan company for breach of contract on a construction project in Afghanistan.  California governing law.
  • ICDR Arbitration, dispute between a Canadian company and a US company for breach of contract for a defense product under a US Government contract. Massachusetts governing law.
  • ICC Arbitration, dispute between a US manufacturer and Turkish company for breach of contract for a commercial aerospace system. Swiss governing law.
  • ICC Arbitration, dispute between a Spanish company and a US company for breach of contract for an energy construction project.  Arizona governing law.
  • ICDR Arbitration, dispute between two US companies for breach of contract for a commercial health service product.  California governing law.
  • ICDR Arbitration, dispute between a US company and a Asian company for breach of contract for a travel services program.  California governing law.

Illustrative Experience as Counsel

Les’s extensive experience as corporate counsel and as a US Air Force Judge Advocate legal officer has included significant litigated/arbitrated and mediated matters:

  • Won major arbitration under the rules of London Court of International Arbitration against satellite operator: Acting as claimant obtained a complete victory, recovering 100 percent of the claimed payments due under a commercial satellite contract, plus interest.
  • Successful resolution under the rules of the ICC International Court of Arbitration where European contractor claimed damages in excess of $150 million in connection with a software development and hardware installation contract. Acting as respondent, obtained a favorable arbitration decision on the liability phase of the arbitration. Thereafter, case settled for a minimal amount.
  • Successful resolution under the rules of the ICC International Court of Arbitration where East Asian contractor claimed damages in excess of $80 million on satellite construction contract. Acting as respondent, obtained favorable settlement during conduct of arbitration. Although insurance had been purchased covering satellite anomalies, the insurers declined to pay claims. Acting as claimant under the rules of the American Arbitration Association, obtained a favorable settlement with insurers during conduct of arbitration.
  • Successful mediation of commercial satellite dispute involving payment of incentives on a commercial satellite contract. After a two-day mediation, the customer agreed to pay over 85 percent of the amount at issue.
  • Won $90 million cost accounting case before the Armed Services Board of Contract Appeals (ASBCA). The Defense Contract Management Agency disallowed approximately $90 million in overhead costs relating to land sales in Silicon Valley. The aerospace company appealed the disallowance to the ASBCA and after a five-day trial the ASBCA judge issued a decision ruling for the company on all points.
  • A competitor had unseated a leading aerospace company in a competition for the next generation of a major national security system. Filed first aerospace industry bid protest to this government agency and Government Accountability Office overturned contract award which lead to the aerospace company securing multi-billion dollar program.
  • Successful outcome to high profile and high dollar value trade secret litigation. A leading aerospace company contended that its proprietary information was used by a competitor to win Air Force launch services contracts. Legal advocacy to Air Force based on information in the complaint prompted Air Force to reallocate $1 billion in launch service contracts to the aerospace company. Thereafter, matter settled to parties satisfaction.
  • Persuaded the Department of Justice that there was no legal basis to institute a lawsuit in matter where simple negligence of an employee caused anomaly in spacecraft landing. Successful advocacy to Department of Justice avoided (1) damages in excess of $100 million to the company and (2) a precedent setting contract interpretation which would stop future planetary science missions by aerospace companies due to unbounded financial risk.
  • Defeated plaintiff claim of $3 billion in high profile Civil False Claims Act litigation.
    Case twice featured on the ABC Nightline News, along with multiple print and online publications.