Chaffetz Lindsey Proudly Sponsors Women’s Networking Luncheon at ARIAS 2019

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Chaffetz Lindsey Proudly Sponsors Women’s Networking Luncheon at ARIAS 2019

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October 2019 – Chaffetz Lindsey is proud to sponsor the Women’s Networking Luncheon at the ARIAS-US 2019 Fall Conference. The luncheon will feature a panel discussion between prominent women in the industry on “Navigating Internal and External Management at an Organization.”

Cia Moss is a member of the ARIAS’ Women’s Networking Committee and also serves on the organization’s Law Committee. Steve Schwartz is Vice President of ARIAS’ Board of Directors and Co-Chair of the Education Committee. Peter Chaffetz is a member of the Quarterly Editorial Board.

The AIDA Reinsurance and Insurance Arbitration Society (ARIAS-US) is a nonprofit corporation dedicated to improving the insurance and reinsurance arbitration process for the international and domestic markets. The organization hosts a Spring and Fall Conference to provide training and continuing education in the skills necessary to serve on an insurance/reinsurance arbitration panel.

Chaffetz Lindsey Travels to Seoul for IBA 2019

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September 2019 – Chaffetz Lindsey will be sending a team to the 2019 IBA Annual Conference, which is being held in Seoul from September 22nd – 27th. Peter Chaffetz, James Hosking, Andreas Frischknecht, and Erin Valentine will be in attendance.

During the week, James will speak at an ICC event hosted by Yulchon, where he will discuss the recently released ICC Report on Emergency Arbitrator Proceedings, of which he is a co-author. James will also participate in a panel discussion about “How evidence is best-presented in international arbitration and the IBA rules on evidence.” The discussion is part of the IBA conference program, and will take place on Friday, at 9:30am at the COEX Convention Center.

Peter is an officer on the IBA Litigation Committee, and Andy is co-chair of the IBA Young Litigators Forum.

The International Bar Association (IBA) is the foremost organization for international legal practitioners, bar associations and law societies. The present membership is comprised of more than 80,000 individual international lawyers from 190 bar associations and 170 countries. The Annual Conference is the central event of the international legal community’s calendar, as it presents an unequalled opportunity to exchange knowledge and to create and renew a global network of colleagues and business contacts.

Chaffetz Lindsey Defeats $2.8 Billion Award Confirmation Bid

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On September 4, 2019, the U.S. District Court for the Southern District of New York granted our motion to dismiss a petition to confirm a $2.8 billion (including interest) arbitration award against our client the Nigerian National Petroleum Corporation (“NNPC”).  Petitioners were Nigerian subsidiaries of ExxonMobil Corporation and Royal Dutch Shell plc, who came to New York for enforcement after the courts in Nigeria had set aside the award because it arose from a tax dispute that was not arbitrable under Nigerian law.  Judge William H. Pauley accepted our argument that the case presented no basis for a US court to second guess decisions of the courts in Nigeria, the seat of the arbitration.  The court noted that “Esso—a Nigerian company—executed a contract with another Nigerian corporation containing an arbitration clause requiring any arbitration to be held in Nigeria under Nigerian law, and it then sought to confirm the Award in Nigeria.” Moreover, he explained, “[w]hile Esso may not agree with the result,” the Nigerian Court of Appeal conducted a “fulsome analysis” and “applied the relevant statutes and case law.”

The Chaffetz Lindsey team was led by Cia Moss and included Peter Chaffetz, Andreas Frischknecht, J.D. Anders, Andrew Grant, and Oslen Grant.

For additional coverage of this decision, see Reuters, Law360, and Global Arbitration Review.

Who’s Who Legal Recognizes Chaffetz Lindsey International Arbitration Attorneys

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August 2019 – Who’s Who Legal (WWL) recently released its “WWL Thought Leaders – Arbitration 2019” list, which featured Peter Chaffetz, James Hosking, David Lindsey, and Aníbal Sabater. Click here to view the complete list.

WWL also released its “WWL Future Leaders – Arbitration 2019” list, which included Yasmine Lahlou. Future leaders are limited to partners aged 45 or under. Click here to view the complete list.

Who’s Who Legal uses recommendations from clients and private practitioners to select experts in a wide range of practice areas around the world. Attorneys listed receive a large number of nominations from peers, corporate counsel and other market sources.

Legal 500 USA Recognizes Chaffetz Lindsey’s International Arbitration and Insurance Practices

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June 2019 – Legal 500 recently published their 2019 USA rankings, and Chaffetz Lindsey continues to rank highly in International Arbitration and Insurance (advice to insurers). Several of the firm’s lawyers from these practice areas were individually highlighted as well, including David Lindsey, James Hosking, and Yasmine Lahlou for International Arbitration, and Peter Chaffetz, Steven Schwartz, and Andrew Poplinger for Insurance.

Chaffetz Lindsey’s International Arbitration practice ranked in Tier 3. David Lindsey and James Hosking were listed as “Leading Lawyers” and Yasmine Lahlou is listed as a “Next Generation Lawyer. The practice area is noted to be “’building a stellar reputation’ across commercial and investment disputes.”

The Insurance practice also ranked in Tier 3. Peter Chaffetz and Steven Schwartz were recognized as “Leading Individuals: Insurance: Advise to insurers: reinsurance,” and Andrew Poplinger was noted as a “Next Generation Lawyer.” The team is distinguished as a “’High-Profile’ New York disputes firm that has a ‘very good national reputation’, ‘great depth of knowledge and experience in reinsurance, as well as a team of accessible and attentive partners’.”

To view the firm’s entire profile, please visit the Legal 500 USA website. For 32 years, Legal 500 USA has served as an independent guide on legal practices across the United States, which conducts research based on interviews with clients and peer lawyers. 

Chaffetz Lindsey Out in Force at the IBA Annual Litigation Forum

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May 2019 – Chaffetz Lindsey is proud to be a member of the Organizing Committee, and a sponsor of the conference dinner, for this year’s IBA Annual Litigation Forum in Berlin from May 8th – 10th.  Peter Chaffetz, Andreas Frischknecht, and Rainbow Willard will be in attendance.

Andy is co-chair of the Young Litigators Forum, which is putting on a seminar on Wednesday afternoon focusing on witness examination techniques.  Andy will also co-chair a panel discussion on Cryptocurrencies, which will explore both foundational concepts and cutting-edge issues in cryptocurrency regulation and litigation on Friday morning.

Peter is an officer on the IBA Litigation Committee.

The IBA Annual Litigation Forum addresses legal, practical, and procedural issues involved in conducting litigation. This year’s conference will focus on “Disruption in Litigation – New Types of Disputes in a New World Order.”

Chambers USA Again Recognizes Chaffetz Lindsey’s International Arbitration and Insurance Practice Areas

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April 2019 – Chambers & Partners has released its 2019 USA Guide and once again recognized Chaffetz Lindsey’s International Arbitration (Nationwide) and Insurance (Dispute Resolution: Insurer in New York) practices areas. Several of the firm’s lawyers from these practice areas were individually highlighted as well, including David Lindsey, James Hosking, Aníbal Sabater, and Yasmine Lahlou for International Arbitration, and Peter Chaffetz, Steve Schwartz, Charles Scibetta, and Cecilia Moss for Insurance.

Chaffetz Lindsey’s International Arbitration practice is noted by Chambers USA as a “versatile dispute resolution boutique” with “significant multilingual capabilities.” Clients stated “they have international capabilities” and “ are very professional and have abundant experience in arbitration procedures and the enforcement of awards.”

  • Aníbal Sabater “adapts very well to evolving scenarios and thinks out of the box” according to an interviewee.
  • David Lindsey is “held in high regard for his handling of complex arbitrations under UNCITRAL and ICC rules, among others.”
  • James Hosking is described by clients as “affable, analytical and very clever.”
  • Yasmine Lahlou is noted for being “very good with clients”and for “her strength in Latin American disputes.”

The Insurance practice is described by Chambers USA as a “Strong boutique with extensive knowledge of the reinsurance industry, skilled handling of arbitrations and other disputes and a developing focus on direct insurance matters.” Sources say “It is an excellent firm; very diligent, creative and has intellectual depth.”

  • Charles Scibetta is praised for being “well prepared, good at oral arguments and a talented lawyer.“
  • Peter Chaffetz is “is a real talent and great in court” and is “well regarded for his experience handling an array of large-scale disputes in the insurance sphere.”
  • Steven Schwartz is described by clients as “ a trusted adviser; he gives consistently good advice and produces an excellent work product.”
  • Cecilia Moss was listed as a “Recognised Practitioner.”

To view the firm’s entire profile, please visit the Chambers USA website.  Since 1999, Chambers & Partners has been researching the global legal profession, identifying the leading lawyers and law firms. Chambers USA 2019 rankings are determined through interviews with thousands of lawyers and their clients worldwide. The results are audited independently and are based on a range of professional qualities most valued by clients.

SDNY Rules in Favor of Chaffetz Lindsey Client IBM

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April 2019 –Chaffetz Lindsey’s client, International Business Machines Corporation, recently won judgment on the pleadings terminating a software licensing dispute with defendants Robert Simon and MGV Holdings Inc.  Manhattan federal Judge J. Paul Oetken issued the ruling.

The dispute related to software the defendants had developed many years ago for retail point-of-sales systems IBM sold at the time.  Notwithstanding the parties’ prior settlement of a dispute over the calculation of royalties, defendants alleged that IBM had misallocated revenue between royalty-bearing software licenses and non-royalty-bearing hardware and technical services.  They further claimed that this conduct supported rescission of the previous settlement.  Defendants claimed they were entitled to more than $16 million dollars in allegedly underpaid royalties.

Judge Oetken agreed with Chaffetz Lindsey’s arguments that defendants had no basis to rescind the prior settlement agreement and that the release in that agreement barred the present claims.

The Chaffetz Lindsey team included Peter Chaffetz, Drew Poplinger, David Byowitz and Luke Muhammed (paralegal).  The full order and judgment can be found here.

Second Circuit Affirms Dismissal for Chaffetz Lindsey Client Zurich

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December 2018 – The United States Court of Appeals for The Second Circuit ruled in favor of Chaffetz Lindsey’s client, Zurich American Insurance Company, affirming the dismissal of an Amended Complaint filed by Plaintiffs Keller Foundations, LLC, Keller Group PLC, and Hayward Baker, Inc.

Plaintiffs in the case were two construction companies and their parent who alleged Zurich breached its duties to them under an insurance policy by paying a claim to another insured under that policy.  While they argued that settling this claim might affect their coverage under the Policy, plaintiffs were actually unhappy with this claim payment because Zurich had billed and recovered a share of that claim from its reinsurer, which happened to be a wholly owned “captive” of the plaintiffs.  By reason of their intercompany arrangements with their captive, plaintiffs themselves had to fund that reinsurance payment.

The Second Circuit agreed with Chaffetz Lindsey’s argument that that plaintiffs failed to show: (i) how Zurich’s claim payment breached any obligation to plaintiffs under the contract; and (ii) that any damages arose from Zurich’s actions under the policy, rather than actions by the reinsurer under the separate Reinsurance Agreement.  The Second Circuit also affirmed dismissal of Plaintifffs’ claims for breach of the duty of good faith and declaratory judgement.

Cia Moss argued, and the Chaffetz Lindsey team included Peter Chaffetz, Karen Baswell (associate) and Oslen Grant (paralegal).  The full summary order and judgment can be found here.

Who’s Who Legal 2018 Names CL Partners Thought Leaders in Arbitration

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August 2018 – Who’s Who Legal: Thought Leaders – Arbitration has named Chaffetz Lindsey partners David Lindsey, James Hosking, Aníbal Sabater, and Peter Chaffetz to their 2018 list.

According to Who’s Who Legal, individuals named to the list are “worthy of special mention owing not only to their vast expertise and experience advising on some of the world’s most significant and cutting-edge disputes, but also their ability to innovate and inspire.”

Click here to view all those included in Who’s Who Legal: Thought Leaders – Arbitration 2018.

Legal 500 USA 2018 Again Recognizes Chaffetz Lindsey’s International Arbitration and Insurance Practices

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June 2018 – Chaffetz Lindsey has again been ranked in Legal 500 USA’s annual guide to the top teams in International Arbitration and Insurance for 2018.

Our firm’s Insurance and Reinsurance practice was ranked Tier 2 in the Insurance: Advice to Insurers category with clients describing our “efficient” team as a “top practice in insurance.”  Counsel Andrew Poplinger was recognized for the first time as one of five Next Generation Lawyers for Advice to Insurers across the USA.  Partners Peter Chaffetz and Steve Schwartz were again two of the eight lawyers lauded as Leading Lawyers for Advice to Insurers: Reinsurance.  Peter and Steve are also listed in Legal 500’s Hall of Fame for having been recognized as elite leading lawyers for six consecutive years or more.

Our International Arbitration practice was ranked Tier 3, with clients noting the firm “has the advantages of a smaller firm and provides a personalized service.”  David Lindsey and James Hosking were again included in the list of Leading Lawyers for International Arbitration across the USA, with clients acknowledging James’ “deep legal knowledge and a very practical approach in providing advice.”  And Yasmine Lahlou was again recognized as one of seven Next Generation Lawyers for International Arbitration in the USA.

Legal 500 USA is an independent guide on legal practices across the United States, which conducts research based on interviews with clients and peer lawyers.  For more information about the 2018 Legal 500 USA International Arbitration rankings, please click here, and for more information about the 2018 Legal 500 USA Insurance rankings, please click here.

Chambers USA 2018 Recognizes Chaffetz Lindsey’s International Arbitration and Insurance Practices

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May 2018 – Chambers USA has released its 2018 rankings, and Chaffetz Lindsey has again been recognized in the areas of International Arbitration (Nationwide) and Insurance (Dispute Resolution in New York). Several lawyers from the firm are highlighted as notable practitioners in these areas, including Peter Chaffetz, Steve Schwartz, Charles Scibetta and Cecilia Moss for Insurance, and David Lindsey, James Hosking, Aníbal Sabater, and Yasmine Lahlou for International Arbitration.

Our insurance practice is noted by Chambers USA as having “extensive knowledge of the reinsurance industry, skilled handling of arbitrations and other disputes and a developing focus on direct insurance matters.”  Clients stated, “They are high-quality, excellent lawyers and leave no stone unturned” and also admire “the team approach: You are not hiring just an individual, you are hiring a team.”

  • Peter Chaffetz is described as an “extremely effective advocate” who “is insightful and provides great service.”
  • Steve Schwartz is praised for his “thorough, dedicated and creative approach,” as well as his “very well-prepared, analytical style,” with others reporting, “We are happy to give our biggest cases to him.”
  • Charlie Scibetta appears on the list for the first time with clients detailing him as “very practical and can tailor his services to the business needs and dispute.”
  • Cia Moss is also noted as a “Recognized Practitioner” both in reinsurance and direct insurance matters.

The firm’s International Arbitration group is hailed by clients as having an  “exceptional level of client service. They can always be relied upon to make themselves available and provide advice whenever necessary. In addition, they are very business and solution oriented – they are good at understanding the commercial sensitivities of cases and trying to focus on a good outcome for the company.”

  • Chambers notes David Lindsey’s “market-wide recognition for his representation of clients in commercial arbitrations.”
  • James Hosking is lauded by sources as “a passionate advocate for his client” who is “extremely responsive, no matter where he is in the world.” He is also noted for “his excellent business acumen to get to the heart of the matter, and provides strategic and practical advice.”
  • The “very responsive and very smart” Aníbal Sabater is recommended, with sources noting that as his native Spanish abilities “really contributes to the clarity of the arguments and the management of the case in a more expeditious way.”
  • Chambers highlighted “very proactive” Yasmine Lahlou’s expertise in commercial arbitrations.

To view the firm’s entire profile, please visit the Chambers USA website.  Since 1999, Chambers & Partners has been researching the global legal profession, identifying the leading lawyers and law firms. Chambers USA 2018 rankings are determined through interviews with thousands of lawyers and their clients worldwide. The results are audited independently and are based on a range of professional qualities most valued by clients.

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