Overview
Mr. Varela’s practice focuses on international civil and criminal matters typically involving legal actions in multiple countries. Mr. Varela regularly coordinates and directs the multi-jurisdictional civil and criminal matters and investigations supervising counsel in multiple jurisdictions. Clients regularly seek Mr. Varela’s assistance in developing strategies for managing matters with competing interests, particularly with regard to matters involving Latin America and Spain. He blends expertise in law, politics and media in order to guide companies as well as individuals through crises and scandals.
He has significant expertise in U.S. and international dispute resolution mechanisms, specializing in issues relating to extra-territorial enforcement of U.S. law and legal assistance provided by U.S. authorities to foreign investigators.
He has represented clients from Europe, the Middle East and Latin America in matters involving fraud, corruption, and financial disputes and regularly represents clients in international commercial disputes before international arbitral panels as well as before courts throughout the United States. Most recently, Mr. Varela has developed response strategies for multi-national corporations investigated for corruption-related offenses in multiple jurisdictions; represented prominent political figures in responding to legal and media crises; and has assisted a number of Spanish and Latin American companies and individuals in developing innovative strategies for the resolution of complex disputes through targeted actions before courts and arbitral panels in multiple jurisdictions.
Mr. Varela also has experience in reinsurance and complex insurance coverage disputes. He has obtained favorable results through settlement and litigation of a wide variety of insurance and reinsurance issues. Mr. Varela's experience includes working within a claims department on behalf of several Lloyd's syndicates, and he has particular expertise in the workings of Lloyd's and the London Insurance Market.
Professional Affiliations
- American Bar Association
Experience
- Associate, Spriggs & Hollingsworth LLP
- Associate, Carr Goodson Lee & Warner, P.C.
Representative Matters
- Represent numerous Latin American political figures with regard to investigations by U.S. authorities
- Advise multi-national corporations on strategies for responding to corruption-related investigations in multiple jurisdictions
- Counsel major Spanish conglomerate in corruption related dispute
- Advise Latin American business executive in FCPA investigation
- Represent Latin American-based businesses in disputes with North American banks
- Serve as lead trial counsel for an Argentine industrial manufacturing company in an intellectual property dispute
- Advise Ecuadorean business conglomerate in defamation dispute
- Represent the Algosaibi family of Saudi Arabia in worldwide litigation involving the largest fraud in Saudi history
- Represent an Argentine conglomerate in an ICC arbitration involving the purchase of retail shops
- Counsel a Brazilian family with regard to theft of interests in a Rio de Janeiro-based business
- Represent Brazilian bank with regard to a dispute involving investment in telecommunications
- Counsel Latin American political figures on techniques for conducting fraud investigations
- Successfully obtained summary judgment in a lawsuit involving an allegation that denial of weight loss surgery constituted unlawful discrimination
- Represent Lloyd’s syndicates in arbitration regarding reinsurance of health insurance plans
Publications & Events
- Significant Expansion of Beneficial Ownership Disclosure Requirements in the United States
The U.S. Senate joined the House of Representatives and passed the 2021 National Defense Authorization Act, a defense spending bill, which included the Corporate Transparency Act (the “Act”). That Act sets forth an expansion for the disclosure requirements for certain US and non-US companies doing business in the United States.
December 14, 2020 The Second Circuit held that 28 U.S.C. § 1782(a) cannot be used to support petitions for discovery for use in private foreign commercial arbitrations, settling an issue that has lingered unresolved in the circuit since 2004. The new decision, In re Guo, puts the Second Circuit squarely at odds with recent decisions issued by other circuit courts, raising the possibility that the Supreme Court will take up the issue next session to resolve the split. While Guo does not impact the ability of parties to foreign public arbitrations and litigations to take § 1782(a) discovery, for now at least, parties to private foreign arbitrations may have to look to more favorable circuits outside New York for relief.
July 13, 2020The health effects of Covid-19 have created personal tragedies that seemed unimaginable a few short months ago. Despite the efforts of governments, the virus has shown that the world is inextricably interconnected. How we respond will dictate whether that interconnectedness is a positive or negative force as we try to recover from the economic crisis that has arisen in the wake of the pandemic. In Latin America, individuals and companies have either begun to see, or fear, the return of currency controls, defaults and chaos as the governments of the region confront historic challenges. Many have once again sought refuge in the perceived relative safety of the U.S. financial system. However, investors may find that their sudden search for a safe haven may bring on a series of unanticipated problems.
May 22, 2020There is a popular misconception that asset forfeiture is limited to the luxury cars, private jets and speedboats of drug dealers, but many well-meaning businesses and individuals are finding themselves with their assets seized under statutes that provide U.S. authorities extremely broad powers. And these seizures often occur without any warning to, or even accusation against, the owner of the assets. Once seized it can take years to obtain recovery of perfectly legal assets. In these uncertain times, as many well-meaning people seek the relative safety of the U.S. banking system, individuals and companies in many countries may innocently use money-transfer systems that exponentially increase the risk of having their assets seized. Why does this happen and how can it be avoided?
May 11, 2020The coronavirus pandemic has not only caused untold misery, it has forced the virtual shutdown of the global economy. Everyone hopes that this crisis will pass, but events have shown there is a false choice between mitigation and resumption of economic activity. Mitigation, with testing and social distancing, must be done to avoid wave after wave of disease, which will only lead to rolling cessations of economic activity. Given the economic dislocation occasioned by this global crisis and that it is likely to continue for at least a few more months, we can anticipate that many businesses will fail, and others will require time and help to restore financial health and operations. There is little doubt that innumerable global businesses will need the protection of an organized and coordinated insolvency and reorganization process as soon as this crisis is over. The time for them to begin planning is now.
April 24, 2020Having practiced law in the United States for more than twenty years, it is the American jury system that seems to be the greatest source of confusion, mystery and sometimes fear for clients. Many of them have seen the classic jury room movie Twelve Angry Men or, more recently, Runaway Jury, and fear that an unreasonable jury will bankrupt their companies or convict them of crimes they did not commit. For all of the questions about juries I have answered over the years, I now have a new experience on which to draw – two months ago I was a juror on a federal criminal jury trial. I was surprised by what I learned inside the jury box and inside the jury room and it changed some of my own assumptions about juries.
April 15, 2020Many people outside of Argentina, as well as those within, have watched in wonder as the explosive investigation of the Cuadernos case evolves and touches upon more and more individuals and companies. Recent experience has taught us that investigations of this magnitude are never contained within a country’s borders and individuals and companies that have done, or are doing, business in Argentina must consider the civil and criminal ramifications of the growing corruption scandal regardless of their own culpability.
August 31, 2018- Presentation, “El Océano en un Salto: La Exportación del Sistema Juridico Norteamericano a Espana"University of Vigo, Spain, October 26, 2017
- Panelist, Seminario Internacional Sobre Prevención del Lavado de Activos, Etica, Cumplimiento y Transparencia FiscalMontevideo, Uruguay, May 5, 2016
- June 22, 2015
- February 25, 2015
- Panelist: “Latest Strategies in U.S.-Latin American Litigation,” Inter-American Bar Association, Washington, DC - January 2015
- September 22, 2014
- March 2014
- May 21, 2013
- April 24, 2013
- April 9, 2013
- February 28, 2013
- "Eli Lilly Settlement Reinforces the Need for Active Anti-Corruption Controls"January 2, 2013
- November 29, 2012
- November 22, 2012
- August 24, 2012
- July 5, 2012
- "Supreme Court Action Reinforces the Difficulty in Piercing Sovereign Immunities"June 26, 2012
- "Regulators Turn Their Attention to FCPA Violations by Investment Advisers"May 23, 2012
- "U.S. Appeals Court Bolsters U.S. Discovery In Aid Of Foreign Proceedings"March 19, 2012
- "Petrobras Wins Immunity in U.S. Bond Case"March 14, 2012
- March 12, 2012
- "Judge Griesa's Ruling in NML Capital: A U.S. Judge Wades Deep Into the Argentine Political System"April 2010
- "The El Paso Ruling and its Effect on the Use of §1782 in Private International Arbitration Proceedings"September 2009
- June 16, 2009
- June 13, 2009
- February 2009
- "Is Argentina the Next Hub of Money Laundering and What are the Consequences for International Business?"December 2008
- "What Can Madoff Investors do to Maximize the Recovery of Their Assets?"December 2008
- "Potential Implications of the Lehman Brothers Insolvency for Latin American Financial Institutions"
Authored by Eric L. Lewis, Manuel S. Varela and Cristían Francos.
October 2008 - "The Availability of U.S. Discovery in Foreign Litigation: How Foreign Parties in Foreign Litigation can Obtain the Assistance of U.S. Courts"
Authored by Eric L. Lewis, Manuel S. Varela and Cristián Francos.
October 2007 - "The Expanding Reach of United States Law: Extraterritorial Enforcement and Compliance Obligations of International Business"
Presented by Eric L. Lewis, Manuel S. Varela & Cristián Francos.
August 2007 - "The Biomaterials Access Assurance Act: Protecting Suppliers in the Medical Device Market"
Written by Manuel S. Varela & Paul J. Maloney, DRI - - RX for the Defense
1999
In the News
On December 9, 2021, the Biden administration published the first-ever United States Strategy on Countering Corruption. This Strategy sets forth a “whole-of-government” approach to combating corruption in the United States and around the world. Individuals and entities should expect an increase in sanctions and scrutiny of activities that present high corruption-related risk. As such, companies and individuals should immediately review current business activities to ensure that they understand their exposure to corruption-related risk and have in place commensurate controls to deter and detect potential problems. A proactive approach to corruption risk now will provide material future benefits if the expected increase in regulatory and law enforcement scrutiny results in a corruption-related inquiry.
December 10, 2021Manuel Varela was interviewed by Iberian Lawyer on the events surrounding the assault on the Capitol and potential legal consequences for Trump.
Iberian Lawyer, January 9, 2021Spanish newspaper El Mundo reported on a ruling by Spain's Constitutional Court holding that the imprisonment of Nervis Villalobos, a former Venezuelan official, was unconstitutional. Partner Manuel Varela represented Mr. Villalobos in the appeal.
El Mundo, December 23, 2020- el Economista, May 11, 2020
Partners Manuel Varela and Cristián Francos authored a paper on the Argentine Notebooks investigation which was quoted in Argentina’s La Nación.
La Nación, November 4, 2018Manuel Varela, especializado en derecho penal en Washington, cree que las consecuencias de este caso para el grupo español pueden ser "gravísimas"
February 14, 2018Woodsford Litigation Funding, one of the leading global third party funders, has announced a funding facility agreement with Lewis Baach which ensures the firm can offer clients an expedited, one-stop arrangement for the financing of high value litigation and arbitration.
August 16, 2017Manuel Varela, natural de Domaio, es abogado en un bufete en Washington que lleva la denuncia de la familia propietaria del banco, intervenido tras un informe del FinCEN americano
Faro de Vigo, May 26, 2017- La familia propietaria considera que la negativa a dar información constituyó una violación de la leyEl País, May 21, 2017
- Financiamiento de Litigios
Manuel Varela and Cristián Francos were interviewed by AUNO legal magazine on Litigation Funding
Manuel Varela y Cristián Francos fueron entrevistados por la revista legal AUNO respecto del financiamiento de litigios
AUNO, February 2017 - El Govern sempre ens ha rebutjat o ingnorat per negociarel Periòdic d’Andorra, March 10, 2016
- De a poco se abre espacio para la actividad jurídica en relación a la isla. Lewis Baach abre el juego con el recupero de fondos congelados.Auno Abogados, March 2015
AUNO Abogados magazine interview with Manuel Varela and Cristián Francos on Lewis Baach’s practice for clients in Argentina and the rest of Latin America.
AUNO, June 2014Ariel Neuman, Natalia Alonso and Alfredo Veronesi, reporters from AUNO Legal Magazine, interviewed Manuel Varela and Cristián Francos regarding the Lewis Baach PLLC Latin American practice and it's Buenos Aires office as well as the careers of Messrs. Varela and Francos.
April 29, 2014- Juristas norteamericanos y chilenos analizaron avances en materia de regulación del lavado de dineroMarch 25, 2013
- AUNO, September 2012
- Insurance Day, April 26, 2012
- ABC Digital, March 16, 2012
- ABC Digital, March 16, 2012
- El Cronista, December 1, 2008
- El Cronista, December 1, 2008
- El Cronista, June 2, 2008
Practice Areas
Education
- Georgetown Law Center (J.D. 1997), Notes Editor, Georgetown Journal of Legal Ethics
- Harvard College (A.B., cum laude, 1994)
Bar Admissions
- District of Columbia
- Maryland