LIST OF TRANSACTIONS, LITIGATION, AND TRADE LITIGATION CASES
Over the past three decades, we have achieved a remarkable degree of success in our international commercial representation, transactions, trade regulation investigations, customs litigation and civil litigation. The following is an illustrative list of cases handled by our lawyers since the last major changes to U.S. trade laws, in 1989, with a brief comment on the results.
TRANSACTIONS: The following is a partial list of international commercial transactions handled by our firm (principally by Alan Berlin).
TRADE REGULATION INVESTIGATIONS & CUSTOMS LITIGATION: the following is an partial list of cases (handled principally by Bruce Aitken, Shirley Coffield and Ngosong Fonkem) since the last major changes to U.S. trade laws, in 1989, with a brief comment on the results.
Over the past three decades, we have achieved a remarkable degree of success in our international commercial representation, transactions, trade regulation investigations, customs litigation and civil litigation. The following is an illustrative list of cases handled by our lawyers since the last major changes to U.S. trade laws, in 1989, with a brief comment on the results.
TRANSACTIONS: The following is a partial list of international commercial transactions handled by our firm (principally by Alan Berlin).
- Successfully negotiated the merger of a US publicly traded international oil and gas exploration and production company active in Kazakhstan with a subsidiary of Russia’s OAO Lukoil.
- Successfully negotiated an agreement for the acquisition of an operating company and several petroleum exploration licenses in Trinidad and Tobago.
- Assisted with the restructuring of the interests of a contractor in a West African Country to include government participation in the PSC and JOA.
- Successfully negotiated a petroleum exploration and production agreement with Mobil Oil Corp. on behalf of a host government.
- Assisted and advised the national oil company of an Andean country with the renegotiation of a petroleum exploration and production agreement with a foreign investor.
- Assisted with the drafting of a new hydrocarbons law and model exploration agreement for a Central American country.
- On behalf of the UNDTCD, advised Cuba Petroleo S.A. (Cupet) and the Cuban Ministry of Basic Industries on negotiation of international petroleum and mining agreements, and preparation of a model petroleum exploration and production agreement.
- Developed a structure that enabled a foreign petroleum company to obtain Canadian government approval to the change in control of a Canadian subsidiary on favorable economic terms in a difficult political environment.
- Achieved a major arbitration award against a major insurance carrier resulting from the expropriation of a foreign petroleum company’s operating subsidiary in a South American country.
- Devised successful bidding and negotiating strategy that resulted in a contract with a South American country for two offshore blocks on the most favorable economic terms of all other petroleum contracts signed by the government.
- Completed the sale of a petroleum company’s foreign marketing subsidiary. Successfully negotiated tax savings of approximately $10 million as part of the transaction.
TRADE REGULATION INVESTIGATIONS & CUSTOMS LITIGATION: the following is an partial list of cases (handled principally by Bruce Aitken, Shirley Coffield and Ngosong Fonkem) since the last major changes to U.S. trade laws, in 1989, with a brief comment on the results.
- 1993-1994: Nitromethane from the PRC. We successfully represented PRC producers in China's first victory before the ITC.
- 1996-2001: Silicomanganese from the Ukraine. We successfully revived a non-working quota agreement and won several appeals in Federal Court resulting from this decision.
- 2001-2006: Witex AG vs. U.S. Customs Service (WCO Inves.). We successfully petitioned the World Customs Organization (WCO) through the German Government and won an investigation vs. the U.S. Customs Service’s misclassification of high-density fiberboard laminate wall and floor panels.
- 2002-2003: Hot Rolled Carbon Steel (PRC AD case). We successfully represented Ukraine’s largest steel company (Ilyich Iron & Steel) in a PRC AD case, achieving a dumping margin sufficiently low (12%) to keep them in the market.
- 2002-2005: Snap-Lock Laminate Flooring (Sec. 337 case) (Advisory). We monitored and provided strategic advice to two licencees of the technology challenged in this patent-based trade case at the USITC, which was won by our clients’ licensor.
- 2006-2007: Witex USA, Inc. v. U.S. Customs Service (Senate Finance Committee Investigation). We successfully represented Witex USA, Inc. and Mannington Mills, Inc. in this investigation, which acted upon the rulings of the WCO and USITC vs. Customs (see above). The Senate Finance ruled against Customs, resulting in legislation which lowered the duty on laminate wall and floor panels effective Feb. 2, 2007.
- 2007-2008: PET Film From India (CVD Investigation). We successfully represented Garware Chemical, who retained our firm after losing CVD cases on this product (using other law firms) for six years. We succeeded in cutting their import duty by 2/3 and passed DOC verification, allowing them to reenter the market. We also successfully represented Garware in obtaining a customs ruling excluding a substantial portion of their products from the scope of the case.
- 1996 – Present: Witex USA, Inc. & Mannington Mills vs. United States (Judicial Actions vs. U.S. Customs Service). We won four (4) cases before the U.S. Court of International Trade and the U.S. Court of Appeals for the Federal Circuit, challenging Customs’ misclassification of laminate wall and floor panels. This led to a Dec. 15, 2009 Mandate from the CIT ordering Customs to reliquidate entries and make refunds of duties. Millions of dollars have been refunded, and we are continuing with a Congressional Campaign vs. Customs to help assure full refunds, since approx. 20% of Customs records were lost on 9/11.