Practice Areas & Industries: Jenner & Block LLP

Practice/Industry Group Overview

Jenner & Block's excellence in litigation extends to the arbitration field. The Firm has handled hundreds of arbitrations. Our attorneys represent clients in domestic and international arbitration proceedings under the rules of all major arbitral institutions, including the American Arbitration Association, the International Chamber of Commerce, the London Court of International Arbitration, and self-regulatory organizations such as the New York Stock Exchange, the National Association of Securities Dealers, the National Futures Association, the Chicago Board of Trade, the Chicago Board Options Exchange and the Chicago Mercantile Exchange.

Jenner & Block's arbitration practice encompasses arbitrations of all types, including general commercial arbitrations, securities arbitrations, arbitrations involving insurance and reinsurance issues, arbitrations focused on intellectual property issues, arbitrations concerning labor and employment matters, and arbitrations regarding government contracts and subcontracts.

Services Available

Many of our lawyers themselves regularly serve as arbitrators and mediators. Their recent experience includes arbitrations for, among others, the AAA, NYSE, NASD, NFA, CBOE and the Circuit Court of Cook County.

In addition, Jenner & Block provides a full-range of services associated with arbitration and alternative dispute resolution, including:

• Counseling regarding contractual arbitration and dispute resolution clauses, as well as forum selection and choice of law provisions.

• Counseling regarding the establishment of private arbitration programs. For example, we helped a large corporate client create a company-wide proprietary arbitration program to resolve disputes with its customers.

• Litigating issues relating to whether disputes are subject to arbitration.

• Enforcing or seeking to vacate arbitral awards.

• Representing and advising clients regarding mediations and other forms of alternative dispute resolution.

Representative Arbitrations

• Successfully represented a partnership in an arbitration in which it asserted an $861 million claim for breach of a long-term contract for the transportation of liquefied natural gas from Algeria to the United States. Our representation included related litigation in Delaware state court and the federal courts in New York and Delaware. The dispute ultimately was resolved by a settlement that was favorable to our client.

• Represented Ortho Biotech, a subsidiary of Johnson & Johnson, in an arbitration in which Amgen claimed that our client had breached its license agreement to distribute an anti-anemia prescription drug, erythropoietin or "EPO" (brand name Procrit®), for non-dialysis use in the United States. Amgen sought termination of Ortho Biotech's license, the future value of which is estimated to be tens of billions of dollars, and damages exceeding $1.2 billion. After a lengthy arbitration trial, the arbitrator denied Amgen's request to terminate Ortho Biotech's license and rejected almost 90% of its claimed damages.

• Represented SPX Corporation in a binding "baseball style" arbitration concerning multiple patent infringement claims and claims asserted against our client for alleged breach of contract and conspiracy. The arbitrator rejected our adversary's claims and awarded our client damages in the amount of $44 million.

• Represented Ticona (formerly Hoechst Celanese Corporation) in the arbitration of an insurance coverage dispute against an offshore insurer. The three-member arbitration panel, which sat in London and was chaired by a member of England's House of Lords, awarded our client in excess of $90 million, including policy limits and an award of pre-judgment and post-judgment interest.

• Successfully represented Galileo International, a provider of electronic airline reservation services, in an UNCITRAL arbitration against United Airlines. Our client sought to terminate its contract with United, which acted as its agent in distributing Galileo's Apollo ticketing service among travel agents. As a result of the arbitration, our client won the right to terminate United. The Firm also successfully represented Galileo in contested state court proceedings to confirm the arbitration award.

• Represented SPX Corporation in a commercial arbitration in which the arbitrator issued an award in favor of our client in the amount of approximately $11 million, and ruled in favor of our client on respondent's claims for fraud and breach of a patent litigation settlement agreement. The arbitration hearing was held, and the award issued, within eleven months of the Firm's retention on the matter.

• Handled more than 300 arbitrations involving Lanham Act disputes over advertising on behalf of a major telecommunications corporation.

Defense Industry

• Represented General Dynamics in an ICC arbitration in Geneva, Switzerland concerning a dispute over a contract to build military combat vehicles. Our client prevailed and was awarded all of its costs and attorneys' fees.

• Successfully represented Lockheed Martin in an international arbitration against Thomson CSF concerning alleged defects in an anti-aircraft missile.

Insurance/Reinsurance

• Handle major arbitrations seeking to enforce insurance coverage for breast implant, polybutylene plumbing, and other mass tort liabilities.

• Conducted confidential arbitrations for Fortune 500 companies against Bermuda insurers, including XL Insurance Company, Ltd., and ACE Insurance Company, Ltd., and domestic (U.S.) arbitrations for Fortune 500 policyholders against general liability insurers.

• Conducted numerous mediations against various U.S. and foreign-based insurers, including Lloyd's of London, AIG Group, CNA, Travelers, and others.

• Successfully represented GE Capital Corporation in an "appraisal" proceeding concerning a multimillion dollar claim under a liability insurance policy in connection with a fire in the Delaware Trust Building in Wilmington, Delaware.

• Represented a Venezuelan petrochemical company against London insurers in an arbitration before the Law Society of London. Our client obtained a substantial award.

• Represented The Peoples Insurance Company of China in efforts to vacate an arbitration award with respect to its reinsurance of a U.S. insurer.

Employment

• Represented a former CEO of a major corporation against his former employer in an AAA arbitration and obtained an award in excess of $1.5 million on his employment contract.

• Obtained a $6.3 million award in a breach of contract and fraud action against a former executive before an AAA three-member panel.

• Represented a former CEO of a corporation against his former employer and obtained an award in excess of $500,000 on his employment contract.

• Represented a clearing member of the Chicago Mercantile Exchange in a multimillion dollar fraud action brought by a customer before a National Futures Association three-member panel. The arbitration panel ruled in our client's favor.

• Successfully defended a securities firm and its individual representatives against multiple class action lawsuits and over two-dozen NASD arbitrations arising from financial planning contracts.

Securities

• Successfully represented over one dozen registered representatives in an NASD arbitration and in Illinois Securities Department regulatory licensing hearings related to alleged disciplinary infractions.

• Successfully defended our clients, a brokerage firm and one of its brokers, against all claims brought in an NASD arbitration by the clients' customer for allegedly unsuitable investments and misrepresentations.

• Represented a market maker and registered broker-dealer in an NASD arbitration against its clearing firm for misrepresenting margin terms, and achieved an award exceeding $800,000.

• Successfully petitioned a federal district court to compel NASD arbitration where our client, a major brokerage firm, was sued for substantial damages based on the client's alleged liquidations of its customers' accounts. At the arbitration hearing, we obtained dismissal of all the claims against our client and achieved an award in favor of our client on its counterclaim against the claimants for their unpaid margin debits balances.

• Successfully defended our client, a major brokerage firm, against all claims brought in a NYSE arbitration by the client's customer for an allegedly unsuitable investment recommendation.

• Obtained a substantial damages award in a NYSE proceeding on our client's claims against its broker for churning and misrepresentations.

Commercial

• Represented Fruit of the Loom in an AAA arbitration against a former subsidiary which brought claims for liabilities incurred due to the sale of pesticides. The arbitrator found in our favor on all issues and awarded our client attorneys' fees.

• Successfully defended our client for alleged breach of a promissory note in connection with the sale of an international importing business. The AAA arbitrator entered an award in favor of our client, dismissing all claims.

• Obtained a $5.9 million award in a breach of contract action against a supplier before an AAA single arbitrator panel.

• Prevailed on all issues and obtained an award in favor of our client of approximately $4 million in an arbitration concerning post-closing adjustments following the sale of a dairy product and farm business.

ADR

• Represented the State of Illinois in the mediation of a dispute concerning the size of the contingency fee to be paid to four law firms that represented the State in litigation against the tobacco industry. Pursuant to their agreement with the State, the law firms had demanded nearly $900 million or 10% of the approximately $9.1 billion to be paid to Illinois following the settlement of the tobacco industry suit. As a result of a mediation before the former chief judge of the Cook County Circuit Court, the law firms will receive only 2% or approximately $188 million -- saving the State and the people of Illinois more than $700 million and ending over three years of litigation between the State and the law firms.

  
  

Clients:
Bear Stearns, CIGNA Securities, Exelon/Commonwealth Edison, General Dynamics Corporation, GE Capital Corporation, Johnson & Johnson, Lockheed Martin, Merrill Lynch, Sara Lee Corporation, Sears Holdings Corporation, SPX Corporation, Ticona, WorldCom, Inc.