International Litigation & Dispute Resolution
When companies conduct business around the world, international disputes often arise. These cases raise complex issues involving service of process under the Hague Convention The Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, subject matter and personal jurisdiction challenges, forum non conveniens, enforcement of foreign judgments and arbitral awards, and applicable international bodies of commercial law, such as Incoterms® 2010 and the U.N. Convention on Contracts for the International Sale of Goods (“Vienna Convention”). Mr. Yormick is experienced with these issues and in dealing with foreign clients that may not be familiar with the U.S. legal system. We are particularly helpful to small and middle market companies in cases involving disputes of USD 10,000,000 and less. Examples of our engagements include:
*Obtaining $12,000,000 default judgment in Buffalo federal court for a consulting company against a Canadian alternative energy financing company, resulting from filing an amended complaint to add a claim for breach of contract upon obtaining discovery of client’s entitlement to bonus compensation under the consulting agreement. Now pursuing collection of the judgment in the U.S. and potentially foreign jurisdictions, as well as developing a potential Mutual Legal Assistance Treaty (MLAT) case against the defendant company and its sole shareholder.
*Represented a Pennsylvania property and casualty insurer in a subrogation action brought against a U.S. supplier of a home appliance in Cleveland federal court, including adding the Hong Kong manufacturer as an additional defendant. Defeated a motion to dismiss on statute of limitations grounds, a motion for summary judgment on personal jurisdiction grounds, as well as motion to stay proceedings and attempted interlocutory appeal of the trial court’s denial of foreign party’s motion to dismiss. The case resolved prior to trial.
*Filed an action for an Australian distributor against an Ohio manufacturer for breach of contract and related claims under the U.N. Convention on Contracts for the International Sale of Goods.
*Settled a Boston federal court default judgment on behalf of a former NBA agent against a professional Greek basketball club. The case required coordinating with counsel in Boston and New York City to defend efforts to vacate the judgment on personal jurisdiction grounds, as well as defeating a motion to quash execution efforts in Cleveland federal court. The case was settled during mediation in the U.S. Court of Appeals for the First Circuit.
*Represented an Ohio manufacturing company on a confession of judgment obtained by the Export-Import Bank of the United States. The judgment was challenged on various grounds and after an unsuccessful appeal and motion for reconsideration, the case was settled for less than the amount of the initial judgment.
*Successfully settled a case for a Mexican forklift supplier in an Ohio state court action brought against an Ohio company and its owner for fraud, civil conspiracy, conversion, breach of contract under the U.N. Convention on Contracts for the International Sale of Goods, and the Ohio Corrupt Activity Act.
*Obtained a confessed judgment in Ohio state court on behalf of an Israeli company, resulting from breach of a promissory note. Filed a successful bank account garnishment which led to a negotiated settlement in full satisfaction of the judgment and interest.
*Represented a Bolivian joint venture in a breach of contract action filed in Cleveland federal court against an Ohio company regarding the sale of a tunnel boring machine. The boring system was used to complete the largest water tunnel project in Bolivia. The case was successfully settled case after mediation, saving significant discovery costs, including depositions in Bolivia.
*Defended a Washington, DC-based technology company in a breach of contract case filed in the Supreme Court for New York County by a global law firm on behalf of a UK company. Filed a motion to dismiss for lack of subject matter jurisdiction and raised statute of limitations and non-applicability of claimed VAT charges defenses. Plaintiff settled for a significantly reduced amount.
*In federal court litigation in Los Angeles, represented a Chinese manufacturer on breach of contract claims brought against its former U.S. sales agent. Defended a counterclaim alleging breach of a purported exclusive distributorship agreement, fraud, and violations of California’s Unfair Business Practices Act. Case settled at mediation.
*Defended German manufacturing company in week-long federal court trial in Cleveland against claims of breach of contract filed by former U.S. distributor. Case included claims relating to release of the client’s source code to former business partner. After unsuccessful appeals on personal jurisdiction grounds, including filing of certiorari petition to U.S. Supreme Court, coordinated with German counsel to challenge the U.S. judgment’s enforceability in Germany, and defended subsequent declaratory judgment action in U.S. federal court. On the eve of filing an appellate brief in federal appeals court on denial of motion for summary judgment in declaratory action, the case was settled by German counsel.
*Represented a globally recognized Indian service company in Ohio state court and subsequent federal court action for breach of contract against a U.S. company that outsourced business services to the Indian client. Upon advice to client, the case was mediated in an effort to avoid costly discovery involving witnesses in India, the UK, Michigan, and North Carolina.
*In Columbus federal court, successfully obtained recognition of an Ontario judgment for a Canadian global supplier of technology products.
*Represented oil/gas sector manufacturer in trademark and copyright infringement claims against Mexican, Indian, and Iranian manufacturers, obtaining negotiated agreements to cease and desist infringing activities, including Indian and Iranian competitors’s removal of infringing material from their company websites.
*Represented a Toronto art gallery in state court litigation against a Cleveland gallery that failed to return highly valued glass art work on loan for an exhibition, leading to recovery of the works and their return to the Toronto client.