Disputes and Investigations
In today’s interconnected world, clients face an increasingly complex legal and regulatory terrain, often generating high-stakes disputes and investigations spanning multiple jurisdictions and fora. With lawyers across four continents, we have a strong track record of success as advocates in delivering global solutions to our clients’ most challenging multi-forum disputes, investigations, and government enforcement actions. We approach trials, arbitrations, hearings, and investigations from a global perspective, crafting forward-thinking strategies that mitigate risks, leverage opportunities, and maintain discretion. Our deep bench of seasoned practitioners have tried cases and managed investigations all over the world.
“Ranked among the top two law firms in the world for cross-border corporate investigations.”
Global Investigations Review 2023
Our lawyers work together across our 21 offices across the globe, expanding our reach with a broad network of trusted local counsel, to help clients manage disputes and investigations in which quick action and strategic insight are critical to protecting a client’s brand.
“With a particularly strong offering in the USA, Sidley Austin also demonstrates strength in Europe, Asia and Latin America markets.”
Chambers Global 2023, Global Market Leaders: Arbitration (International)
Experience
Select representations of our cross-border experience include the following.
- Representing global sports and entertainment broadcaster beIN Media Group in its investment treaty arbitration against Saudi Arabia, as part of a dispute that involves a complex intersection of TV sports rights, unprecedented broadcast piracy, criminal law, investment and trade law, competition law, and Middle East politics. We have advised and represented beIN in multijurisdictional IP enforcement proceedings, pursued advocacy efforts with U.S. and EU governmental agencies, and successfully acted for the State of Qatar in related WTO proceedings.
- Obtained a complete victory for RCBC bank in a US$240 million RICO lawsuit concerning a cyber heist by North Korean hackers into the U.S. dollar reserves of the Central Bank of Bangladesh held at the New York Federal Reserve. Because this case concerns international cybercrime and foreign reserves, this case was highly publicized and closely watched globally by central banks, financial institutions and cyber security experts.
- Representing Japanese cooperative bank The Norinchukin Bank, one of the world’s largest financial institutions by asset size, in consolidated and coordinated class actions involving the intersection of securities, antitrust, and regulatory law. The case concerns claims of manipulation and collusion in connection with the London Interbank Borrowing Rates for the U.S. dollar and the Japanese yen.
- Represented French pharmaceutical company Les Laboratoires Servier, as co-lead counsel, before the Court of Justice of the European Union in appeals by Servier and the European Commission against a General Court judgment. Before the General Court, Servier successfully obtained the annulment of the Commission’s findings of an infringement of Article 102 of the Treaty on the Functioning of the European Union (TFEU) and one of the findings of an infringement of Article 101 TFEU. This case remains one of the landmark competition law cases in Europe.
- Achieved a significant victory for Shop-Apotheke in the first case before the European Court of Justice interpreting the substantive free movement provisions of the EU e-commerce directive. The ECJ ruled that an EU member state cannot restrict a mail order pharmacy, established in another member state, from using paid referencing on search engines and price-comparison websites to promote its service. The ECJ further found that several other advertising restrictions imposed by France restricted the freedom to provide services under the e-commerce rules, but added that those restrictions can be justified under certain conditions.
- Represented various Vifor Pharma Swiss entities in product liability litigation related to the FDA-approved intravenous iron supplement, Injectafer. The litigation, which encompasses 425 filed and unfiled claims across the U.S., alleges injuries for hypophosphatemia (low-blood phosphate levels). Leveraging procedural victories, an Eastern District of Pennsylvania dismissal for lack of personal jurisdiction, and a win forcing plaintiff to comply with the Hague Service Convention (resulting in a dismissal in federal court in Florida), we positioned our client to exit the litigation, which concluded in April 2023 with an extremely favorable resolution.
- Representing Doctipharma SAS, a subsidiary of DocMorris, as co-counsel in a reference for preliminary ruling procedure currently pending before the CJEU. The questions referred to the CJEU by the Paris Court of Appeal relate to the qualification, under European law, of technical design and maintenance services made available to French pharmacists to sell non-prescription medicinal products online. The Doctipharma case is expected to have broader implications for e-pharmacies and online platforms that allow pharmacists to sell non-prescription medicinal products online.
- Defended a multinational music company in a lawsuit filed by James and William Reid, two of the founding members of Scottish alternative rock band The Jesus and Mary Chain, who were attempting to reclaim their copyright interest in a number of the band’s early sound recordings. The parties entered into a confidential settlement, pursuant to which the action was dismissed in March 2023.
- Represented Arena Pharmaceuticals, Inc., recently acquired by Pfizer Inc., in product liability and class action litigation related to Belviq, a prescription weight-loss medication that was withdrawn from the market in 2020 after a study showed a numerical imbalance in the number of patients with certain cancers. Class action lawsuits were filed in the Southern District of New York, the District of New Jersey, and in Israel, and more than 40 product liability lawsuits alleging various types of cancer were filed in federal district courts, as well as in New Jersey state court. We defeated plaintiffs’ petition to establish an MDL proceeding, which had the net effect of decreasing the size of the litigation, permitting questionable case-specific causation to be vetted in each case on its merits. We also successfully advanced motions to dismiss certain claims in several of these cases. In light of these early successes, and in particular the defeat of the MDL motion, the product liability litigation proceeded toward an early favorable resolution.
- Served as counsel to the independent corporate compliance monitor of HSBC Bank in one of the most significant banking AML and sanctions matters in history. Successfully concluded the seven-year monitorship which covered operations in more than 70 countries and involved investigative activities in more than 30 countries.
- Represented Standard Chartered Bank in an investigation covering the conduct of hundreds of FX traders and salespersons over many years, and negotiated a consent order with The New York Department of Financial Services in which SCB paid a fine of US$40 million. Also represented SCB before the UK Financial Conduct Authority, the U.S. Department of Justice, The Commodity Futures Trading Commission, and The Federal Reserve with no negative consequences – an incredible result given the US$10 billion in fines imposed on major global banks.
- Represented as subject matter experts on U.S. export controls and economic sanctions as part of the defense of Huawei in charges of criminal fraud, sanctions and export control violations, and with regard to the inclusion by BIS of Huawei on the Entity List.
- Represented the Audit Committee of the board of directors of a public company in FCPA investigations spanning several jurisdictions in Latin America, including Brazil, Mexico, Argentina, and Chile, as well as South Korea and Romania.
- Represented international sports confederation, CONCACAF before the U.S. Department of Justice in remission proceedings, in which CONCACAF received approximately US$70 million in funds collected by the DOJ in the FIFA prosecutions, out of a total of more than US$200 million awarded to CONCACAF and its fellow football organizations, FIFA and CONMEBOL. This involved more than 25 football-playing nations of North and Central America and the Caribbean, and was one of the most effective prosecutions of extraterritorial criminal conduct in U.S. history.
Recognition
Sidley is widely recognized by clients and peers alike as first-in-class for its cross-border capabilities, garnering top rankings and awards around the world.
Latin Lawyer 250 2024 – “Highly Recommended”
Arbitration
Trade
Chambers Global 2023
China – International & Cross-Border Disputes (International Firms) – Band 2
USA – Investigations & Enforcement (International & Cross-Border) – Band 3
USA – Disputes (International & Cross-Border) – Band 2
Singapore – International & Cross-Border Capabilities (International Firms) – Band 3
Chambers Crisis & Risk Management 2023
Crisis Management, Global-wide – Band 1
LMG Life Sciences 2023
General Patent Litigation – Tier 1
Product Liability – Tier 1
White Collar/Government Investigations – Tier 1
China Business Law Journal Awards 2023
Firm of the Year, Shortlisted
Law.com International – Asia Legal Awards 2023
International Arbitration Firm of the Year, Shortlisted
The Legal 500 Latin America 2023 rankings
Compliance and Investigations
International Arbitration
Financial Times Innovative Lawyer North America Awards 2022
Sidley was named winner in the “Innovation in Dispute Resolution” for its work on behalf of Aspen Insurance in defending the company in groundbreaking COVID-19 business interruption litigation.
Contacts
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PartnerDallas, New York, Houston*Admitted to practice only in New York and Texas. Not admitted to practice in Florida. 
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