Thomas C. Sullivan

Attorney

For over 25 years, Tom has successfully represented the interests of U.S. and international clients, including sovereigns, in complex commercial matters involving investor-state treaty disputes, international trade, and the Foreign Sovereign Immunity Act. He advises on the scope of U.S. economic sanctions and permissible activities and transactions of U.S., Russian, and other companies potentially affected by U.S. law. Tom has obtained numerous licenses from the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”), including for the release of frozen funds and has represented Specially Designated Nationals (“SDNs”) in high-value U.S. litigation proceedings, including enforcement of foreign judgments.

Tom has successfully brought and defended against international discovery actions brought under 28 U.S.C. §1782 which allows an “interested party” to a foreign proceeding (including foreign civil and criminal proceedings) to seek U.S.-style discovery (including testimony and evidence) from a person or entity located in the United States. He co-authored Obtaining U.S. Discovery For Use In Non-U.S. Tribunals Pursuant To 28 U.S.C. §1782, Juris Publishing, 2020.

He is admitted in New York, New Jersey and Pennsylvania and is active in the International Litigation Committee of the ABA International Law Section.

Experience

OFAC Licensing and Asset Recovery

Tom has successfully obtained numerous licenses from OFAC. Successes include:

OFAC license obtained within 3 weeks of application for sanctioned Russian bank to seek recognition in California court of a $1.7 billion Russian judgment to recovery of stolen funds;
OFAC license obtained for release of frozen funds of Russian distributor of household appliances in less than 5 months;
OFAC license obtained for release of frozen funds of Russian national for the purchase of real estate in Dubai;
OFAC license obtained for the release of a private jet valued at over $19 million;
OFAC licenses obtained for release of dollar wire transfers blocked in New York correspondent banks;
Conducted an investigation revealing Cypriot bank falsely claimed Russian national’s funds were frozen by sanctions;
Conducted an investigation revealing purported blocked funds were not actually frozen, but had been returned to the sending Russian bank despite its denials; and
Provided advice to a Dubai based private equity fund regarding compliance with U.S. sanctions law.

Complex Litigation Matters

Represented the Russian Federation in seeking dismissal of the petition of Yukos Capital Limited to confirm a $2.63 billion arbitral award under the European Energy Charter Treaty, as applicable between Russia and Luxembourg.
Represented the Russian Federation in seeking dismissal of the petition of Oschadbank to confirm a $5 billion arbitral award under a bilateral investment treaty between Russia and Ukraine.
Represented a foreign bank that had been designated an SDN subject to U.S. sanctions by OFAC, in seeking to recognize and enforce a $1.7 billion foreign judgment in California. The underlying judgment related to financial fraud committed in Russia.
Obtained dismissal in Delaware of a $106 million claim based upon controlling BVI law, under the “internal affairs doctrine” and issue preclusion/collateral estoppel, for a BVI company and its Cyprus trustee. Vadim Shulman v. Halliwel Assets, Inc., et al., C.A. No. 2019-0678 (Del. Chancery Court).
Obtained dismissal in Ohio of a $58.5 million unjust enrichment claim based upon the “internal affairs doctrine” for a BVI company. Bracha Found. v. Warren Steel Holdings, LLC, Nos. 2015-CV-1117, 2015-CV-1577, 2015 Ohio Misc. LEXIS 38753 (Ct. Com. Pl. Oct. 22, 2015), affirmed, Bracha Found. v. Warren Steel Holdings, LLC, 2017-Ohio-7557 (Ohio Ct. App.).
Represented a Cypriot company in breach of contract claims related to a U.S. seller of metallurgical coal defaulting on fixed-price sales contracts claiming force majeure. Contentious discovery revealed the seller sold the promised coal to other buyers at the significantly higher world spot market price reaping a windfall. A significant settlement was obtained in favor of the client. Kisano Trade & Invest Ltd. v. Winding Gulf Coal Sales, LLC, 2010 U.S. Dist. LEXIS 45715 (S.D.W.Va. May 10, 2010).
Represented a Ukrainian business partnership that brought fraud and unjust enrichment claims against foreign defendants regarding ore supply contracts to manufacturing facilities in the U.S. Applying English law, the court denied defendants motion to compel arbitration in London. Felman Prod. v. Bannai, 476 F. Supp. 2d 585 (S.D.W.Va. 2007). In subsequent proceedings, obtained dismissal of claims against counter-claim defendants. Felman Prod. v. Bannai, No. 3:06-0644, 2007 U.S. Dist. LEXIS 81365 (S.D.W.Va. Nov. 1, 2007).
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. The Colorado Supreme Court issued a key landmark decision reversing a lower court’s decision dismissing for lack of personal jurisdiction. Archangel Diamond Corp. v. Lukoil, 123 P.3d 1187 (Colo. 2005).
Obtained a key ruling vacating forum non conveniens dismissal of claims for Norex Petroleum, Ltd., a Calgary, Canada based oil company with investments in the Russian oil sector, in a $1.5 billion suit against U.S. based entities that had engaged in a massive racketeering scheme to take over numerous Russian oil companies. Norex Petroleum, Ltd. v. Access Indus., 416 F.3d 146 (2d Cir. 2005).
In arbitral proceedings before the Paris International Chamber of Commerce, defeated $6.5 million arbitration claim related to cancellation of a contract to dismantle a steel mill in Ohio for shipment to Ukraine. The case favorably resolved upon a showing of the claimant contractor’s fraud and misrepresentation of work purportedly completed under the contract.
Represented foreign companies in claims against their U.S. business agent who secretly took commissions exceeding $1 million from sellers entering sales and commodity contracts with the foreign companies.

Discovery in Aid of Foreign Proceedings – 28 U.S.C. §1782

Tom has represented foreign litigants in 28 U.S.C. §1782 proceedings throughout the United States seeking discovery for use in foreign matters. Significant matters include:

In New York, Florida, Ohio and Alabama, successfully defended against 28 U.S.C. §1782 actions seeking discovery for use in a BVI shareholder dispute. Obtained restrictive protective orders, narrowed the scope of permissible discovery and in November 2019, secured a landmark ruling from the Eleventh Circuit Court of Appeals vacating an order authorizing discovery from the Southern District of Florida, on the basis that the discovery would not be used in a foreign proceeding. See, e.g., Hornbeam Corp. v. Halliwell Assets, Inc. (In re Hornbeam Corporation’s Request), 790 F. App’x 199 (11th Cir. 2020) (vacating order granting §1782 discovery); In re Hornbeam Corp., 2021 U.S. Dist. LEXIS 46586 (S.D. Fla. Mar. 12, 2021) (upholding protective order requiring §1782 discovery materials be destroyed); In re Hornbeam Corp., 2020 U.S. Dist. LEXIS 145996 (S.D.N.Y. Aug. 13, 2020) (ordering destruction of discovery materials previously obtained pursuant to §1782); and In re Hornbeam Corp., 2016 U.S. Dist. LEXIS 203757 (N.D. Ohio July 26, 2016) (granting stay of §1782 discovery).
Obtained an order requiring Renova, Inc., a company controlled by Victor Vekselberg, to produce documents and present a witness for deposition in New York for use in Russian proceedings. In re Kolomoisky, 2006 U.S. Dist. LEXIS 58591 (S.D.N.Y. Aug. 18, 2006).
Obtained §1782 discovery against BP America, Inc., to compel the production of documents and obtained order denying a motion to quash the subpoena. Norex Petroleum Ltd. v. Chubb Ins. Co. of Canada, Civil Action No. 04-mc-281 (CKK) (AK), 2005 U.S. Dist. LEXIS 19127 (D.D.C. Mar. 9, 2005).

Thomas C. Sullivan