Complex Litigation and Dispute Resolution
High value commercial disputes often cross state and national borders and threaten a company’s very existence. Marks & Sokolov is experienced in managing “bet-the-company” disputes in state and federal courts throughout the United States and in international arbitrations. Our attorneys have handled complex disputes involving international joint ventures, commercial fraud including RICO, banking, oil and gas developments, insurance claims, manufacturing defects, mortgages, credit card processing and real estate matters.
We have handled numerous disputes exceeding $1 billion and our attorneys travel where needed worldwide while working seamlessly with our home offices in Philadelphia and Moscow. We specialize in matters involving taking discovery in the United States for use in foreign proceedings (Section 1782) and in matters recognizing foreign bankruptcies in the United States. We have also litigated high value RICO cases based on Russian commercial disputes in the aluminum, diamond, oil and titanium sectors. Many of our clients have business dealings in C.I.S. countries and our attorneys speak Russian.
At Marks & Sokolov, we are passionate about winning and are proud of our reputation for perseverance and thoroughness.
SIGNIFICANT MATTERS INCLUDE:
- Represented shareholders of Ukrainian ferro-alloy plant who suffered damages exceeding hundreds of millions of dollars in RICO claims in Massachusetts. The case was favorably settled with the client obtaining control of the plant.
- Brought RICO claim against foreign defendants and obtained a preliminary injunction freezing $6 million of the defendants’ assets in the United States and Poland, in West Virginia. The case was settled with the client obtaining control of steel and ferro-alloy plants in the United States.
- Obtained dismissal based upon the “internal affairs doctrine” of a $58.5 million claim based on the law of the British Virgin Island in Ohio state court, which was affirmed on appeal.
- Represented a Russian industrial company against foreign investors for recovery of $150 million that was improperly diverted in a trade fraud scheme and obtained a favorable settlement.
- Represented foreign trading partners of a Russian aluminum factory in a $2.7 billion suit whose contracts were abrogated in a sham foreign bankruptcy proceeding. The matter was favorably settled.
- Represented foreign investor against Russia’s largest oil company for $3.6 billion claim for wrongdoing related to the denial of rights to develop one of the world’s richest diamond fields, in Colorado state court. Secured landmark decision in the Colorado Supreme Court reversing dismissal for lack of personal jurisdiction.
- Represented Canadian oil company in $1.5 billion suit in the Southern District of New York against U.S. based entities engaged in a massive racketeering scheme to take over a substantial portion of the Russian oil industry.
- Represented founder of $1 billion international oil and gas company regarding company management, control and family succession issues, in Colorado state court.
- Represented shareholders for claims in excess of $1 billion related to the illegal seizure of a Russian vanadium plant.
- Represented Russian translation company against the International Accounting Standards Committee Foundation relating to the licensing of translations in the U.K., Russia and Ukraine.
- Represented shareholder of Ukrainian ferro-alloy plant to vindicate the rights of investors who suffered damages exceeding hundreds of millions of dollars. The case was resolved with a favorable settlement for the client.
- Obtained dismissal of Pennsylvania lawsuit based on lack of personal jurisdiction, because the California defendant manufacturer had not purposefully availed itself of the privilege of doing business in Pennsylvania.
- Obtained dismissal of multi-million legal malpractice case against an estate tax attorney after taking over the defense of the case on the eve of the close of discovery.
- Brought RICO claim against foreign defendants and obtained a preliminary injunction freezing $6 million of the defendants’ assets in the United States and Poland, in West Virginia.
- Represented individual in an action for breach of the covenant of good faith and fair dealing against Corestates Bank (now Wells Fargo Bank). The court held the bank liable for $1,150,000 plus $680,000 in pre-judgment interest.
- Obtained authorization for alternate service and obtained default judgment in breach of contract matter against U.K. defendants who were evading service of process.
- Recovery for commercial equipment seller because purchaser failed to dispute contents of delivery within 10 days of receipt of the invoice as required under the U.C.C.
- Recovered Canadian window manufacturer’s pre-payment for PVC to Ohio manufacturer, plus business loss damages for failure to deliver ordered products.
- Obtained declaratory judgment in Equal Credit Opportunity Act claim against bank releasing spouse from liability on credit instruments who was improperly required to execute loan notes for independently creditworthy spouse.
Obtained $269,000 judgment for real property structural damage from excavation work at adjacent property.