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Success stories

The following are examples of cases on which Globalaw firms have assisted their clients globally. These are some of the hundreds of cases that Globalaw firms have recently acted and teamed as co-counsel.

ACQUISITIONS – M&A
Acquisition by Nordic Company – Scotland

NASDAQ Nordic listed company Hampidjan HF, was an existing client of Icelandic member Advel Attorneys at Law and was referred to Scottish member Davidson Chalmers Stewart (DCS) to advise on its acquisition of an 80% controlling stake of two Scottish companies, Jackson Trawls Limited and Jackson Offshore Limited. Advel Attorneys was closely involved in the transaction and liaised with Davidson Chalmers Stewart and the client on all aspects of the acquisition including due diligence, drafting and negotiating of the acquisition documentation, drafting of the new shareholders’ agreement and articles for both target companies and obtaining debt funding. The transaction completed in an extremely tight timescale which required the client, Advel Attorneys and Davidson Chalmers Stewart to be present at a completion meeting in Scotland.  Advel Attorneys and Davidson Chalmers Stewart worked collaboratively with each other and the client throughout the transaction.  In particular, Advel Attorney’s involvement and existing knowledge and understanding of the client’s business helped to bridge gaps in the complex legal and practical differences that exist between an acquisition process in Scotland compared to Iceland.

Acquisition Activity – Global

There are always a number of ongoing acquisitions and disposals of companies and/or their assets being referred between member firms.  Our England member has referred clients who have made acquisitions in numerous jurisdictions including USA, Germany and France.

Acquisition by French Company – France and USA (Texas)

Texas USA member firm (Jackson Walker), closed the acquisition by a French company of the Dutch subsidiary of a U.S. company, listed on the NASDAQ Global Market. The acquisition was structured as a stock/share purchase, and the final purchase price was in the range of US$15-20 million.

This was the second time Jackson Walker had represented the French company working with one of our two French member firms (d’Ornano & Associes – Marseille) in connection with an acquisition, the first time being in connection with the purchase of a Utah corporation.  Jackson Walker quarterbacked the transaction and also engaged our Dutch member firm to act as local counsel on Dutch legal matters.

DISPUTE RESOLUTION
Globalaw North America member, Hanson Bridgett LLP, litigated a California lawsuit to a successful conclusion – Hong Kong

Globalaw North America member, Hanson Bridgett LLP, litigated a California lawsuit to a successful conclusion for Hong Kong-based clients referred to it by Globalaw Asia member, Oldham Li & Nie.

On November 15, 2019, international technology conglomerate, Apple, Inc. (“Apple”), filed an action in the California Superior Court for the County of Santa Clara (Case No. 19CV358715) against (1) Hong Kong-based Allan & Associates Limited (“AAL”), (2) AAL’s principal shareholder, Bradley Allan, and (3) a separate and unrelated Hong Kong-based company, A2 Global Risk Limited (“A2”). In the suit, Apple alleged that it had entered into a written contract with AAL pursuant to which AAL agreed to provide oversight of Apple’s iPad and iPhone recycling program as that program was conducted by Apple’s third-party vendors in Asia. Apple alleged that employees of its third party vendors had stolen consumer electronic devices that had been earmarked for destruction, and that AAL had breached its contract with Apple by failing to identify and stop the theft. Apple sued Mr. Allan and A2 on the grounds that they were “alter egos” of AAL, and therefore, should be treated for liability purposes as being one and the same as AAL. Apple sought millions of U.S. dollars as damages. AAL denied that it breached the contract, and Mr. Allan and A2 denied that they were AAL’s alter egos.

Hanson Bridgett, representing AAL, Mr. Allan, and A2, removed the state court action to federal court (United States District Court for the Northern District of California, Hon. Edward Davila, presiding), and then filed a Motion to Dismiss the action. On March 27, 2020, federal court granted the Motion, holding that (1) the Court lacked personal jurisdiction over Mr. Allan and A2; (2) Apple failed to plead a legal basis to impose alter ego liability on Mr. Allan and A2, and (3) Apple failed to plead sufficient facts to establish that its claim against AAL was not time-barred under the applicable statute of limitation. The Court dismissed Mr. Allan and A2 from the suit with prejudice, and offered Apple an opportunity to amend its complaint against the sole remaining party, AAL, on the condition that Apple plead facts showing that its claim was not time-barred. Rather than amend, Apple elected to voluntarily terminate its lawsuit on May 6, 2020.

Apple’s termination of its lawsuit concluded a nearly half year legal battle between Apple and AAL. There was no settlement, or consideration exchanged, between the parties.

For more information about Apple’s lawsuit, please contact Michael F. Donner, Hanson Bridgett LLP, 425 Market Street, 26th Floor, San Francisco, California 94105, (415) 777-3200, [email protected]

Globalaw North America member, Hanson Bridgett LLP, litigated a California lawsuit to a successful conclusion – Hong Kong

Globalaw North America member, Hanson Bridgett LLP, litigated a California lawsuit to a successful conclusion for Hong Kong-based clients referred to it by Globalaw Asia member, Oldham Li & Nie.

On November 15, 2019, international technology conglomerate, Apple, Inc. (“Apple”), filed an action in the California Superior Court for the County of Santa Clara (Case No. 19CV358715) against (1) Hong Kong-based Allan & Associates Limited (“AAL”), (2) AAL’s principal shareholder, Bradley Allan, and (3) a separate and unrelated Hong Kong-based company, A2 Global Risk Limited (“A2”). In the suit, Apple alleged that it had entered into a written contract with AAL pursuant to which AAL agreed to provide oversight of Apple’s iPad and iPhone recycling program as that program was conducted by Apple’s third-party vendors in Asia. Apple alleged that employees of its third party vendors had stolen consumer electronic devices that had been earmarked for destruction, and that AAL had breached its contract with Apple by failing to identify and stop the theft. Apple sued Mr. Allan and A2 on the grounds that they were “alter egos” of AAL, and therefore, should be treated for liability purposes as being one and the same as AAL. Apple sought millions of U.S. dollars as damages. AAL denied that it breached the contract, and Mr. Allan and A2 denied that they were AAL’s alter egos.

Hanson Bridgett, representing AAL, Mr. Allan, and A2, removed the state court action to federal court (United States District Court for the Northern District of California, Hon. Edward Davila, presiding), and then filed a Motion to Dismiss the action. On March 27, 2020, federal court granted the Motion, holding that (1) the Court lacked personal jurisdiction over Mr. Allan and A2; (2) Apple failed to plead a legal basis to impose alter ego liability on Mr. Allan and A2, and (3) Apple failed to plead sufficient facts to establish that its claim against AAL was not time-barred under the applicable statute of limitation. The Court dismissed Mr. Allan and A2 from the suit with prejudice, and offered Apple an opportunity to amend its complaint against the sole remaining party, AAL, on the condition that Apple plead facts showing that its claim was not time-barred. Rather than amend, Apple elected to voluntarily terminate its lawsuit on May 6, 2020.

Apple’s termination of its lawsuit concluded a nearly half year legal battle between Apple and AAL. There was no settlement, or consideration exchanged, between the parties.

For more information about Apple’s lawsuit, please contact Michael F. Donner, Hanson Bridgett LLP, 425 Market Street, 26th Floor, San Francisco, California 94105, (415) 777-3200, [email protected]

Asset Preservation Orders – Hong Kong, Taiwan and Singapore

When our Hong Kong member (Oldham, Li & Nie (OLN)), successfully obtained an assets preservation order from a Hong Kong court against a fraud perpetrator, they needed global assistance to trace the funds that had been wired from bank accounts in Hong Kong to other jurisdictions.

With the assistance of the Globalaw members in Taiwan (Shay & Partners) and Singapore (Kelvin Chia Partnership), OLN was able promptly to advise its client on the enforcement of the Hong Kong judgment and court order in other jurisdictions, and report the money-laundering activities to the local authorities.

The client of OLN were eventually able to obtain partial recovery of their monies lost in the fraudulent scheme.

Claim Dismissal – Hong Kong and USA (New York)

The relationship between Globalaw firms can require very quick action for a client.  Our Hong Kong member firm (Oldham, Li & Nie (OLN)) received papers Friday afternoon relating to a new action to be filed in New York on the following Monday. OLN quickly liaised with Garvey Schubert Barer (GSB) and the client was represented in court in the U.S. the following Monday and ultimately the case was dismissed.

The ongoing relationship between OLN & GSB, enables them to provide effective services to their clients and achieve ultimate success. Both firms are now acting together for one client in a multi-jurisdictional litigation in Hong Kong and New York respectively.

Breach of Contract and Fraud in Japan – USA (Texas) and Japan

After a ten week jury trial, United States District Judge Edward C. Prado of the Western District of Texas, San Antonio Division, entered a take nothing judgment in a case filed by San Antonio based Kaepa, Inc. against Tokyo based Achilles Corporation, a Japanese corporation which is a leading manufacturer and distributor of shows in Japan, and a maker of many industrial products.

Achilles was represented by our USA member firm in Texas (Jackson Walker) at the request of our Japanese member (Chuo Sogo Law Office).

International Discovery – USA (Texas) and Taiwan

A client of our USA (Texas) member (Jackson Walker) was engaged in litigation in the US and needed to obtain documents and other information held by two Taiwan companies.  Jackson Walker turned to Taiwan member (Shay & Partners) to assist in obtaining discovery against the Taiwanese companies by way of letters rogatory issued by the US court requesting international judicial assistance.   With Shay & Partners’ help, the letters rogatory were prepared and transmitted through the proper diplomatic channels to the Taiwanese district courts with jurisdiction over the target companies.

EMPLOYMENT/LABOUR
The Power of Globalaw - 10 member firms respond to legal inquiry from Japan

A large multi-national Japanese client of our Japanese member (Chuo Sogo Law Office), contacted it with a narrowly-defined question of employment/labour law affecting a proposed global re-organisation of its subsidiaries in the following 10 jurisdictions: USA (California, Massachusetts, North Carolina and Texas), France, Germany, Hong Kong, South Korea, Switzerland and the United Kingdom. The firm sent a request to 10 Globalaw member firms in the respective jurisdictions on 29 January and collected all 10 responses by 1 February: three days later.

While the question posed was narrowly-drawn, the replies the firm received were meticulously researched, often alerting the client of additional legal issues specific to a given jurisdiction. Needless to say, the client memorandum demonstrated to the client (and re-confirmed to the firm) the unique efficiency and reliability of our network.

Last but not least, no firm requested payment for the assistance – all work was completed under the 30 minute Free Time Policy.

Mexican Employment/Labour Law Judgment Overturned - Mexico and USA (Texas)

A client of USA (Texas) member firm (Jackson Walker) has operations in Mexico. A weekly payroll transfer to Mexico on a Friday was seized to satisfy a Mexican employment/labour law judgment of which the U.S. client was unaware. Jackson Walker contacted the Mexican Globalaw member for assistance. They were able to make alternative arrangements for payroll in Mexico within 24 hours, return the seized funds and reverse the judgment.

Senior Executive Contracts – global

Globalaw law firms are regularly asked to advise companies setting up in other jurisdictions for advice on creating the full range of documentation required to employ personnel in that and to advise on local employment/labour law issues.

Dismissals – global

Seeking advice on how to deal with dismissals of employees is a continuous occurrence between member firms around the network.

ENERGY
Pitch in USA by Australian Company – Australia and USA

When a client of our Sydney based member needed to establish a presence in the USA for the purpose of forming a consortium to bid for the right to become the Independent System Operator for the US south east regional electricity organisation, an American Globalaw member firm with extensive experience in the design of electricity markets and familiar with the regulators, the utilities and industry consultants, as well as being in a position to advise on incorporation, taxation and joint venture contracting, assisted in putting together the consortium and bid proposal.

IMMIGRATION
Assistance Attaining Visas - Global

Globalaw firms are often called upon to assist with visa enquiries.

As an example when a U.S. employee of a client of our USA member in Texas (Jackson Walker) was injured in Bosnia and transferred to Germany, our German member firm was immediately contacted for assistance and obtained the required visa.

INTELLECTUAL PROPERTY & INFORMATION TECHNOLOGY
Internet Service Provider – USA, Slovenia and Italy

A client of our USA Texas member firm (Jackson Walker) who supplies internet and cable services across Europe and the Middle East was seeking multiple satellite relay locations in Italy, Slovenia, Austria, and parts of Turkey.

This request was communicated to Globalaw firms located near the desired geographical location and within two weeks of the initial request, the client was in touch with our Italian member firm, and Slovenian firm who assisted in site selection, site acquisition, site construction, and employment matters.

Licensing case - Mediation – Argentina and USA

A client of our USA Texas member firm (Jackson Walker), a Hicks-Muse affiliate and Muzak’s largest competitor, was adverse to five Latin Music labels in a high-stakes licensing issue. The mediation will take place in Buenos Aires with the help of Globalaw’s Argentina member firm.

REAL ESTATE
Development of Holiday Home – Hong Kong, and Indonesia

Our Hong Kong member firm (Oldham, Li & Nie (OLN)), acted for a property manager in Hong Kong court proceedings against the property owners for breach of a property management contract in Bali.

The contract was governed by Indonesian law, so OLN contacted our local member (Dyah Ersita & Partners) to assist.

Disposal of Real Estate – Denmark and England

When Danish member firm (Mazanti-Andersen, Korso Jensen & Partners) acting for one of its high net worth clients, needed assistance for a client selling a valuable London property, it instructed Gordon Dadds (English member) to assist.  Advice provided included reporting on market conditions.

Macedonia Delivered

Our Hong Kong member firm (Oldham, Li & Nie (OLN)), received an enquiry from a client regarding a goods sold and delivered claim in Macedonia.

OLN immediately sent an email to all European members of Globalaw seeking their assistance in identifying a local firm and within one week, OLN had received 7 recommendations of Macedonian lawyers from Globalaw European members, including Bulgaria (Ilieva Voutcheva & Co) and Greece (Vgenopoulos & Partners), to name but two.  After contacting all of the recommendations, OLN engaged one of the recommended firms.

Conflicts

Sometimes Globalaw firms are conflicted in which case they are well placed to identify another appropriate firm in their jurisdiction.

RESTRUCTURING
Liquidation of Air Mauritius – Cross-Jurisdictional Restructuring

Globalaw, under the lead of its Mauritius member 5 St. James Court, advises and manages the administration (a form of business rescue) and restructuring process of Air Mauritius Limited. Since Air Mauritius has worldwide presence, the advice required involves multiple jurisdictions which Globalaw is able to assist with given its extensive global network. Globalaw members in France, Italy, Germany, Spain, Holland, Switzerland, Hong Kong and China were engaged to advise on their respective local laws.

Apart from the laws relating to administration, restructuring and liquidation, Globalaw members were also asked to advise on the employment aspects of the matter such as procedures on termination of employment by redundancy, preparing termination notices, calculating the termination and severance payments, and advising on potential employment litigation risks, etc. The implementation was conducted in an orderly manner with seamless collaboration among Globalaw member firms. The assignment is still ongoing.”