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May 23, 2022 | Daily Business Review

Forum Non Conveniens: South Florida Lawyer Helps Beat Back $1B Cross-Border Suit

"This case had little to do with the US and a lot to do with Angola," said Mike Ehrenstein, a partner at Ehrenstein Sager. "The convenience of the parties, the location of the documents, the applicable law—everything militated in favor of having the case decided over there, rather than here."
4 minute read
Aenergy S.A. v. Republic of Angola
Publication Date: 2022-04-19
Practice Area: Civil Procedure | Contractual Disputes | International Law
Industry: Energy
Court: U.S. Court of Appeals for the Second Circuit
Judge: Circuit Judge Jose Cabranes
Attorneys:
For plaintiff: For Plaintiffs-Appellants: Gregory Dubinsky, Brian T. Goldman, on the brief, Vincent Levy, Holwell Shuster & Goldberg LLP, New York, NY.
For defendant: For Defendants-Appellees Republic of Angola, Ministry of Energy and Water of the Republic of Angola, Ministry of Finance of the Republic of Angola, Empresa Pública De Produção De Electricidade, EP, and Empresa Nacional De Distribuição De Electricidade: Latasha Johnson, on the brief, Michael D. Ehrenstein, Marc R. Rosen, Robert M. Tuchman, Kleinberg, Kaplan, Wolff & Cohen, P.C., New York, NY, on the brief, Ehrenstein Sager, Coral Gables, FL. For General Electric Company, General Electric International, Inc., and GE Capital EFS Financing, Inc., Samuel Liversidge, Ilissa Samplin, Daniel Nowicki, on the brief, Thomas H. Dupree, Jr., Gibson, Dunn & Crutcher LLP, Washington, DC.
Case number: 21-1510-cv

Court's Discretion Not Abused in Dismissing Suit Against Angola for Forum Non Conveniens

Wells Fargo Bank v. Aegon USA Investment Mgmt. LLC
Publication Date: 2021-08-31
Practice Area: Contracts
Industry: Financial Services and Banking | Investments and Investment Advisory
Court: Appellate Division, First Department
Judge: Associate Justice Sallie Manzanet-Daniels
Attorneys:
For plaintiff: For Aegon USA Investment Management, LLC, BlackRock Financial Management, Inc., Cascade Investment, LLC, Federal Home Loan Bank of Atlanta, Federal Home Loan Mortgage Corp., Federal National Mortgage Association, Goldman Sachs Asset Mgmt L.P., Voya Investment Mgmt LLC, Invesco Advisers, Inc., Kore Advisors, L.P., Metropolitan Life Ins. Co., Pacific Investment Mgmt Company LLC, Teachers Ins. and Annuity Assoc. of America, TCW Group, Inc., Thrivent Financial for Lutherans and Western Asset Mgmt. Co. (the "Institutional Investors"), Appellants: Kenneth E. Warner of counsel, Warner Partners, P.C., New York, and David M. Sheeren of the bar of the State of Texas, admitted pro hac vice of counsel, Gibbs & Bruns LLP, Houston, TX. For American General Life Insurance Company, American Home Assurance Company, Lexington Insurance Company, National Union Fire Insurance Company of Pittsburgh, PA., The United States Life Insurance Company in the City of New York and The Variable Annuity Life Insurance Company (the "AIG Parties"), Appellants: Kevin S. Reed of counsel, Quinn Emanuel Urquhart & Sullivan, LLP, New York. For DW Partners LP and Ellington Management Group, L.L.C. (the "DW/Ellington Parties"), Appellants: David I. Greenberger of counsel, Bailey Duquette P.C., New York, and Isaac M. Gradman of the bar of the State of California, admitted pro hac vice of counsel, Perry Johnson Anderson Miller & Moskowitz LLP, Santa Rosa, CA. For Tilden Park Investment Master Fund LP, Tilden Park Management I LLC, and Tilden Park Capital Management LP (the "Tilden Park Parties"), Appellants: Jonathan L. Hochman and Anna Vinogradov of counsel, Schindler Cohen & Hochman LLP, New York, and Philip Bentley and Andrew Pollack of counsel, Kramer Levin Naftalis & Frankel LLP, New York.
For defendant: For Ambac Assurance Corporation, Appellant: Henry J. Ricardo of counsel, Patterson Belknap Webb & Tyler LLP, New York. For Poetic Holdings VI LLC, Poetic Holdings VII LLC, and Prophet Mortgage Opportunities LP (the "Prophet and Poetic Parties"), Appellants: Felix J. Gilman and Donald W. Hawthorne of counsel, Axinn, Veltrop & Harkrider LLP, New York. For U.S. Bank N.A., solely in its capacity as NIM Trustee for the Poetic and Prophet Trusts and as NIM Trustee for the HBK Trusts, Appellant: Martin Gilmore and Sean Connery of counsel, Perkins Coie LLP, New York. For U.S. Bank N.A., solely in its capacity as NIM Trustee for the HBK Trusts (the "HBK Parties"), Appellant: Danielle L. Rose, Zachary D. Rosenbaum and Darryl G. Stein of counsel, Kobre & Kim LLP, New York. For Nover Ventures LLC, Respondent: Robert W. Scheef, Gayle R. Klein, David I. Schiefelbein and Steven R. Fisher of counsel, McKool Smith, P.C., New York. For D.E. Shaw Refraction Portfolios, L.L.C. ("D.E. Shaw"), Respondent: Charles R. Jacob III of counsel, Goulston & Storrs PC, New York, and Isaac M. Gradman of the bar of the State of California, Edward P. Allinson, of the bar of the State of California, admitted pro hac vice of counsel and Kristin A. Mattiske-Nicholls, Perry, Johnson, Anderson, Miller & Moskowitz LLP, Santa Rosa, CA. For Strategos Capital Management, LLC, Respondent: Mauricio A. España of counsel, Dechert LLP, New York. For Olifant Fund, Ltd., FFI Fund Ltd. and FYI Ltd. (the "Olifant Funds"), Respondents: Diana M. Conner and Peter W. Tomlinson of counsel, Patterson Belknap Webb & Tyler LLP, New York. For GMO Opportunistic Fund and GMO Global Real Return (the "GMO Parties"), Respondents: Joshua S. Sturm and Marie Killmond of counsel, Davis Polk & Wardwell LLP, New York. For Amicus Curiae: Maya D. Cater of counsel, Kleinberg, Kaplan, Wolff & Cohen, P.C., New York.
Case number: 657387/17

Court Determines the Distribution of Global Settlement Payment by JPMorgan to Investors

Appellate Division, First Department: August 20, 2021
Publication Date: 2021-08-23
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, Second Department, Appeals & Motions
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Appellate Division, First Department: August 20, 2021

July 21, 2021 | New York Law Journal

$4.7M Settlement Approved for IBM Workers Represented by Small Manhattan Firm

The ruling capped nearly six years of litigation in the case, which was complicated by new pleading standards and the death of a Manhattan federal judge.
3 minute read
July 20, 2021 | New York Law Journal

Kleinberg Kaplan Leads States' Opposition to Proposed $4.5B Settlement With Purdue Pharma, Sackler Family

Objectors argue that a lifetime immunity provision for Purdue's owners, members of the Sackler family, will tie the hands of state attorneys general.
5 minute read
Appellate Division, First Department: April 22, 2021
Publication Date: 2021-04-26
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, First Department, Appeals & Motions
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Appellate Division, First Department: April 22, 2021

February 25, 2021 | New York Law Journal

Alexis Cirel Joins Warshaw Burstein as Partner in Firm's New Fertility Law Group

And other announcements of recent hirings and promotions of New York attorneys.
3 minute read
January 07, 2021 | New York Law Journal

Former Appellate Division Judge John Leventhal Joins Aidala, Bertuna & Kamins as Partner

And other announcements of recent hirings and promotions of New York attorneys.
3 minute read
Appellate Division, First Department:December 22, 2020
Publication Date: 2020-12-28
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, First Department, Appeals & Motions
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Appellate Division, First Department:December 22, 2020

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