Our attorneys supervised successful asset recovery across 13 countries against a fugitive from U.S. justice, and represented the liquidators of Laker Airways, Madoff International Securities, Akai Electronics, Polly Peck, First Cayman Bank, Carlyle Capital Corp., Galleria Corp, and other noted companies and land investment funds. We are serving as Global Legal Coordinator for the Algosaibi family, victims of a $10 billion fraud in Saudi Arabia, coordinating strategy and litigation in more than a dozen jurisdictions. We also have experience representing large family conglomerates in disputes with major multi-national beverage, automobile and hotel companies. We served as liquidators’ U.S. counsel in the world’s largest bank insolvency—the Bank of Credit and Commerce International (BCCI)—including winning one of the largest RICO fraud verdicts ever, over $1 billion, against a former Saudi government official and handled the largest criminal asset forfeiture in U.S. history.
Our clients get rock-solid experience in solving crucial transnational legal problems—insolvency, fraud, investigations, and more, in hedge funds, banking, insurance, reinsurance, and other industries.
Representing clients in England, the Cayman Islands, the Channel Islands, Luxembourg, and elsewhere, we litigate on behalf of foreign governments, political figures, companies, and individuals in the U.S. courts. And we coordinate transnational legal disputes involving interests in the United States, the United Kingdom, Continental Europe, the Caribbean, South and Central America, the Middle East, and Asia. A member of the International Business Law Consortium, we maintain close working relationships with leading law firms around the world to bring local legal expertise to bear in solving the most complex and challenging international disputes.
Our lawyers lecture and publish on a wide variety of transnational litigation topics such as obtaining U.S. discovery in aid of foreign proceedings and insolvency proceedings in the U.S. ancillary to foreign liquidations.
Our lawyers are not only experienced in other jurisdictions. Lewis Baach Kaufmann Middlemiss has lawyers and legal assistants fluent in Spanish, Arabic, and Mandarin.
In the News
This article sets out the basic process for obtaining extradition to the United States and reviews certain recent cases that suggest that the United States is trying to leverage its political power to bring defendants to the United States either to fulfill political agendas or where the United States’ interest is tangential at best in view of the demonstrable interest of other countries.New York Law Journal, February 3, 2020
Six LBKM professionals have been selected to the 2019 New York and Washington, DC Super Lawyers lists - an honor limited to 5 percent of the lawyers in each state. In addition, one LBKM professional has been selected to the 2019 New York Rising Stars list.October 2019
- New York Post reports FBI evidence in a lawsuit alleges Saudi Arabia's US embassy may have funded test run for Sept 11.
Waleed Nassar, an international disputes lawyer who represents two Saudi charities that are defendants in 9/11 litigation alongside Saudi Arabia, said, "the evidence, along with much of what has been submitted, is innuendo and circumstantial".
"The plaintiff's burden is to show something more direct, and that's really the only hope they have to have Saudi Arabia remain in the litigation," Nassar said.September 11, 2017
Katherine Toomey was interviewed about renewed Chamber of Commerce efforts to obtain disclosure of third party funding arrangements for litigation. She noted that the process of obtaining funding can be helpful “because oftentimes you are engaging in a real testing of the strength of the case. . . You have people who are very knowledgeable and are interested in making sure they're making a good investment, asking you some very hard questions about the weakest parts of your case. So the cases that make it through are stronger for the process."Law360, June 21, 2017
The Appellate Division, First Department, recently affirmed the dismissal of various claims brought by New Greenwich Litigation Trustee, successor to the claims of two feeder funds in the Bernard Madoff affair, against various third-party fund administrators, accountants and auditors.New York Law Journal, November 16, 2016
Next week, for the second time in two years, the U.S. Supreme Court will hear argument in a case for the purpose of resolving a split in the circuits concerning the scope of the bank fraud statute — 18 U.S.C. §1344.Law360, September 29, 2016
- Law 360, March 30, 2016
- Yahoo Finance France, August 13, 2014
- Le Parisien, August 13, 2014
- Societe Generale allegedly mis-sold financial products to Northern Rock that were partly to blame for UK bank's collapseThe Telegragh, August 13, 2014
- Law360, August 12, 2014
- October 4, 2012
- Law360, September 25, 2012
- The recoupment of illicit funds pilfered from the country through the decades of Mubarak led corruptionDaily News Egypt, July 19, 2012
- Insurance Day, April 26, 2012
- Insurance Day, April 12, 2012
- The lawyer behind a $1 billion cross-border suit against Goldman Sachs following the sub-prime mortgage crisis praises the merits of bringing major commercial cases in the United States.February 3, 2012
- Washington lawyer Eric Lewis, who is acting for hedge fund Basis Capital in its $1 billion court action against Goldman Sachs over collateralised debt obligation deals in 2007, is used to playing a long game.The Australian, February 2, 2012
- Saudi Firms Continue Multi-Billion Dollar Global Legal BattleMiddle East Economic Survey, October 31, 2011
- Huffington Post, October 28, 2011
- Saudi Arabia’s most high profile legal battle indicates just how dangerous the world’s capital markets remain a decade after Sept. 11, 2001.Trends Magazine, September 11, 2011
- The National, March 13, 2011
- The Washington Post, February 13, 2011
- Insurance Day, February 11, 2011
- The Australian Financial Review, June 11, 2010
- Reuters, June 10, 2010
- An Australian hedge fund has launched a billion dollar lawsuit alleging Goldman Sachs knowingly sold it dud investments.ABC News, June 10, 2010
- Huffington Post, June 9, 2010
- Goldman Faces $1 Billion SuitBasis Capital Cites 'False Representations' in Collapsed CDO; Abacus Factor?Wall Street Journal, June 9, 2010
- Simmons, Withers and Linklaters Advise on $9.2bn Saudi Fraud CaseMultibillion-pound Saudi fraud case hands roles to raft of UK firmsLegalweek.com, January 20, 2010
- The Big Money from Slate, March 23, 2009
Publications, Presentations & Events
In a decision issued on Feb. 5, the U.K. Supreme Court quashed a notice pursuant to Section 2(3) of the 1987 Criminal Justice Act, that sought to require a U.S. corporation, KBR Inc., to produce documents located in the U.S. The decision has important consequences for cross-border discovery and investigations, as the U.S. and the U.K. appear to be taking divergent approaches.Law360, February 17, 2021
The U.S. District Court in the District of Columbia recently denied a petition to recognize and enforce an international arbitration award against a government-owned airline on jurisdictional grounds. The decision in UAB Skyroad Leasing Inc. v. OJSC Tajik Air, 20-cv-0763 (D.D.C. Jan. 26, 2021) illustrates the hurdles to enforcing an arbitral award against a foreign state-owned enterprise, even when that enterprise is engaged in pure commercial activities and controlled by the state.January 29, 2021
In recent weeks, the world has been engulfed by the spread of COVID-19 as governments scramble to protect their citizens and avoid the collapse of public health systems and long-term damage to their economies. The wide-ranging efforts to flatten the curve of COVID-19 has created a tidal wave of ramifications for an international business community that is today more interconnected than ever, and led to high levels of uncertainty surrounding current and future contractual obligations. At a time when government policies fluctuate daily and courts and arbitration centers are becoming increasingly inaccessible to resolve active disputes, it is difficult for a party to seek or obtain interim measures or relief. From country to country and company to company, the responses have not been uniform: some commercial parties have continued to perform their obligations, while others have argued for wholesale abdication of their responsibilities, and still others are somewhere in between. Certain trends of government action and commercial response are emerging worldwide, no less so in the hyper-connected global businesses that are found in the Middle East.April 20, 2020
In these tough times, when clients are looking to protect assets and increase revenue, it is more important than ever to ensure that their arbitral awards are collectible. A truly successful outcome requires the ability to enforce and monetize the award that was won in the arbitration. When faced with a recalcitrant award debtor, it is imperative to think strategically and work closely with counsel and experts to enforce and identify recoverable assets.April 2, 2020
- Panelist, "Doing Business in Mexico: Legal Developments in Arbitration and Financial Crime (Anti-Money Laundering and Anti-Corruption)"The Cornell Club, New York, NY, June 18, 2019
- New York Appellate Court Imposes Jurisdictional Requirements in Foreign Judgment Recognition Actions
The First Department Appellate Division in New York recently issued a ruling that will make the recognition of foreign country money judgments more difficult in New York. Kate Toomey and Tara Plochocki summarize its impact.March 19, 2018
- For global transparency and financial integrity, the US must ensure that the dollar remains dominanthttp://www.independent.co.uk, October 31, 2017
- April 23, 2013
- August 16, 2012
- Annual Review - Financier WorldwideApril 2012
- March 15, 2012
- February 29, 2012
- "The El Paso Ruling and its Effect on the Use of §1782 in Private International Arbitration Proceedings"September 2009
- June 13, 2009