Henry Guy Burnett. Henry Guy Burnett Partner

Transcription

1 Henry Guy Burnett Partner New York 590 Madison Avenue, New York, NY Phone: Fax: Practice Areas International Dispute Resolution International Arbitration International Litigation Arbitration Litigation International Business Financial Services Hospitality Industry Latin America Practice Antitrust Versions: [Spanish Portuguese] Harry Burnett is a partner in Crowell & Moring's International Dispute Resolution Group, and he is also the co-head of the firm's New York office. As an experienced trial lawyer, Harry concentrates on international commercial arbitration matters and ADR proceedings generally as well as general business litigation in state and federal courts. Harry's international dispute resolution experience includes handling inbound litigation matters for foreign clients, primarily from Latin America, and international arbitration disputes including arbitrations administered by the AAA's International Centre for Dispute Resolution ("ICDR") and the International Chamber of Commerce ("ICC") as well as ad hoc arbitrations under the UNCITRAL Rules involving parties from Latin America, West Africa, Eastern Europe and elsewhere. Harry also assists clients with FCPA investigations, disputes relating to breach of contract, domestic and international telecommunications issues, oil and gas agreements, distribution agreements, public procurement issues, business torts, intellectual property (e.g., copyright, trademark, trade dress, unfair competition, false advertising, licensing, right of publicity), music publishing, management and recording agreements, professional liability and issues relating to insurance and reinsurance as well as enforcement of foreign arbitral awards and international discovery issues. Harry's litigation clients include companies and individuals in the voice and data communications business, oil and gas industry, energy sector, automotive industry, import-export and distribution business, securities industry and music and entertainment fields. Representative Arbitration Experience Page 1 of 7

2 Obtained arbitral award for Brazilian product distributor in international arbitration (ICDR) seated in New York in ICDR proceeding after multiple hearing days, multiple expert witnesses and multiple languages in connection with complex claims, counterclaims and jurisdictional issues Successfully represented Brazilian claimant in enforcement action in the United States under the Panama Convention of an arbitral award rendered by a tribunal in an arbitration seated in Brazil Obtained dismissal, after multiple hearing days in Geneva on jurisdiction, of an ICC arbitration commenced against client, an Eastern European governmental entity, seeking over $40 million in damages for breach of contract and related claims Representation of Eastern European government in parallel proceedings before two international arbitral institutions Obtained arbitral awards against telecommunications companies in West Africa on behalf of voice and data communications company in ad hoc arbitration under UNCITRAL Rules Obtained arbitral award against telecommunications company in Gabon on behalf of international voice and data communications in ad hoc arbitration under the UNCITRAL Rules Representation of international voice and data communications company in two separate ICDR proceedings against Chilean telecommunications companies; obtained favorable settlement for client Representation of municipal bond firm in NASD arbitration against broker-dealer relating to post 9/11 severance of business relationship between the two companies Representation of the head of a New York office of foreign securities firm in NASD arbitration for wrongful termination; negotiated favorable monetary settlement and resolution relating to client's U-4 record Representative Litigation Experience Successfully defeated an anti-suit injunction action brought against a South American corporation seeking to stop the corporation from proceeding with an action in South America Achieved dismissal of all claims against client a Mexican voice and data communications company brought by U.S. telecommunications company alleging, among other things, fraud in connection with the provision of global transit service Achieved successful resolution of claims against client, and international voice and data communications company, brought by Cambodian telecommunications company alleging, among other things, fraud in connection with the provision of transit service Achieved dismissal of all claims against client an international voice and data communications company brought by two companies from the Kyrgyz Republic in litigation in U.S. District Court in New York involving Page 2 of 7

3 business torts and accounting issues relating to international telecommunication traffic (on appeal to Second Circuit) Obtained dismissal of $425 million in claims asserted against client, a Mexican company, in New York State Supreme Court, New York County Representation of major oil and gas company in product liability actions in New York and New Jersey relating to purported exposure to benzene Representation of internationally known rock band in copyright claim against a major television network Representation of international voice and data communications company in state and federal international telecommunication matters as well as in general contract and business disputes Litigation of multiple disputes in New York, Illinois and California with independent sales agents for large telecommunications company Achieved dismissal of all claims against client telecommunications company for alleged gross negligence relating to the purported release of confidential customer information; obtained monetary sanctions against plaintiff for abuse of discovery process Representation of commercial general liability insurer in declaratory judgment action in New Jersey relating to an industrial manufacturer's claim for clean up and investigation costs under its CGL policies Representation of a Fortune 500 company in a New Jersey action against claims of permanent and disabling injuries to an HVAC professional allegedly caused by our client's residential air filter; obtained a nuisance-value settlement after targeted non-party subpoena revealed plaintiff's probable forgery of documents Representation of a prominent professional civil consulting engineer in the construction area in personal injury, wrongful death, and professional malpractice claims in New York (the client never paid a dime in settlement or otherwise) Obtained a favorable verdict after trial in federal action on behalf of plaintiff, a Mexican textile manufacturer, with respect to claims against a medical supply company for breach of contract and under U.C.C. Article 2 Defended a debit card company in a class action brought by patrons of gambling casinos on tribal lands seeking forced closure of casinos and the voiding and disgorgement of all credit and debit card cash advances used for gambling; case dismissed for failure to join indispensable parties and dismissal affirmed by New Mexico Supreme Court Harry earned his B.A. degree in Philosophy and Spanish from the University of Notre Dame. In 1989, Harry received his law degree from Vanderbilt University School of Law. He is fluent in Spanish and Portuguese. Page 3 of 7

4 Education University of Notre Dame, B.A., Philosophy and Spanish Vanderbilt University School of Law, J.D. Affiliations Harry is admitted to practice law in the state and federal courts of New York, New Jersey and Illinois and before the U.S. Supreme Court. Harry is also registered as a foreign lawyer with the England & Wales Solicitors Regulation Authority. Professional Activities and Memberships Association of the Bar of the City of New York Telecommunications Law Committee (2006) Trademark and Unfair Competition Committee ( ) Copyright and Literary Property Committee ( ) Bolivian American Chamber of Commerce Brazilian American Chamber of Commerce (Board Director; Member of the Trade and Business Investment Committee; Member of the Legal Affairs Committee) United States-Mexico Chamber of Commerce-Northeast Chapter International Bar Association, Arbitration Committee Member Institute for Transnational Arbitration, Advisory Board Member American Bar Association Litigation Section Forum Committee on the Entertainment and Sports Industry U.S. District Court - Northern District of Illinois Federal Trial Bar The Culver Educational Foundation The Culver Legion, Director National Institute for Trial Advocacy (NITA), Faculty Member Member of the panel of international arbitrators for the International Centre for Dispute Resolution, the international division of the American Arbitration Association Professional Honors Chambers Latin America - International Arbitration: Latin America-wide (2012) Chambers USA: America s Leading Lawyers for Business International Arbitration (2010) International Who s Who of Oil & Gas Lawyers (2010) Page 4 of 7

5 "Super Lawyer," Business Litigation and International and Alternative Dispute Resolution, Law & Politics Edition (2007, 2008 and 2009) Publications "Resolving Disputes in Cross-Border Commercial Transactions," in Inside the Minds: Best Practices for International ADR (Aspatore Books June 2007). Co-Authors: Arif Hyder Ali and Henry Guy Burnett. Alerts & Newsletters "The 2012 ICC Rules of Arbitration: New Rules, New Responsibilities," International Dispute Resolution Alert (October 3, 2011). Contacts: Arif Hyder Ali, Henry Guy Burnett, Samaa A. Haridi, Jane Wessel. Speaking Engagements "Anti-suit Injunctions Before U.S. Courts in Support of Arbitration - Tactical Issues," International Business Transactions and Conflict Management: The U.S. and Brazilian Perspectives, sponsored by The International Centre for Dispute Resolution (ICDR) and Arbitration Center of the American Chamber of Commerce of Sao Paulo (AMCHAM), São Paulo, Brazil (November 29, 2011). Speaker: Henry Guy Burnett. "Growing Pains: Brazilian Arbitration at 15," Latin Lawyer Arbitration Roundtable, São Paulo, Brazil (November 28, 2011). Roundtable participant: Henry Guy Burnett. "Entrevistas con los candidatos para ser designados árbitraos : son necesarios o deben prohibirse?" - V Congreso Latinoamericano de Arbitraje: El Rol de los Árbitros y Abogados en el Arbitraje, Lima, Perú (April 28-29, 2011). Presenter: Henry Guy Burnett. "ICDR Roundtable: Counsels' Arbitration Strategy and Arbitrators' Perspectives," IDR Conference International Commercial Arbitration in Argentina and the Americas, Buenos Aires, Argentina (November 30, 2010). Panelist: Henry Guy Burnett. "Special Address-Enforcing the New York Convention" and "Confidentiality and Privilege in International Arbitration," Cross Border Arbitration Dispute Resolution Conference 2010, sponsored by International Institute for Conflict Prevention and Resolution ("CPR"), London, England (November 15-16, 2010). Speaker: Henry Guy Burnett. "An International Arbitration Under ICDR Rules: Counsel's Arbitration Strategy and Arbitrator's Perpectives," International Commercial Arbitration in Brazil, sponsored by The International Centre for Dispute Page 5 of 7

6 Resolution (ICDR) and Arbitration Center of the American Chamber of Commerce of Sao Paulo (AMCHAM), Sao Paulo Brazil (October 27, 2010). Speaker: Henry Guy Burnett. "Treaty and Forum Shopping: How Investors Might Structure their Investments to Invoke the Provisions of Particular Treaties and/or the Jurisdictions of Particular Fora," Câmara de Mediação Arbitragem das Eurocâmaras (CAE), São Paulo, Brazil (May 27, 2010). Presenter: Henry Guy Burnett. "Cómo Estructurar Inversiones Para Invocar Las Provisiones de Tratados Particulares y/o la Jurisdicción de Foros Particulares," IV Congreso Internacional de Arbitraje: Latinoamérica - Sede de Arbitrajes Internacionales, Lima, Peru (April 29-30, 2010). Presenter: Henry Guy Burnett. "Arbitration and Crisis" seminar concerning "Who directs the arbitration: the parties or the arbitrators?," IX International Arbitration Congress of the Comitê Brasileiro de Arbitragem and CAMARB, Belo Horizonte, Minas Gerais, Brazil (October 20, 2009). Speaker: Henry Guy Burnett. "The ICDR Perspective on Mediation and Information Exchange in Arbitration," ABA Section of Dispute Resolution, 11th Annual Spring Conference, New York, New York (April 18, 2009). Speaker: Henry Guy Burnett. "Mock Session: Section 28 USC 1782 and International Arbitration: Taking Evidence Located in the U.S. for Use in International Arbitration," International Arbitration 2009 seminar, sponsored by Practising Law Institute, New York, New York (March 24, 2009). Speaker: Henry Guy Burnett. Symposium, "International Arbitration: A Look to the Future," concerning "Trends in Appellate and Judicial Review in International Arbitration," University of Virginia School of Law, Charlottesville, Virginia (February 27, 2009). Speaker: Henry Guy Burnett. Conferencia Nacional de La Asociacion Nacional de Abogados de Empresas, Colegio de Abogados, A.C. (ANADE), Speaker, "Factores a considerar para la solucion de controversias en relaciones comerciales con partes estadounidenses," Cancun, Mexico (November 16, 2008). Speaker: Henry Guy Burnett. "Survey of Arbitration in Latin America," New York, New York (November 6, 2008). Speaker: Henry Guy Burnett. "Is diplomatic protection an alternative to litigation and arbitration?", at a seminar concerning "Foreign Direct Investment Outlook: Bolivia & Ecuador," in conjunction with the Bolivian American Chamber of Commerce and the Ecuadorean American Association Inc., New York, New York (June 24, 2008). Speaker: Henry Guy Burnett. "Brazilian Infrastructure Investment and Arbitration," in conjunction with the Brazilian American Chamber of Commerce, Inc., New York, New York (May 6, 2008). Speaker and Moderator: Henry Guy Burnett. Page 6 of 7

7 "The Brazilian Approach to Arbitration: Promises and Challenges for Domestic and International Investors," in conjunction with the Brazilian American Chamber of Commerce, Inc., New York, New York (November 28, 2006). Moderator: Henry Guy Burnett. Page 7 of 7