Jeffrey A. Rosenthal’s practice focuses on general commercial and international litigation and arbitration and bankruptcy litigation.

Jeff has represented numerous foreign and domestic entities before a wide variety of judicial and arbitral bodies, including the International Chamber of Commerce, the London Court of International Arbitration, the American Arbitration Association, the Stockholm Chamber of Commerce, UNCITRAL, the Society of Maritime Arbitrators, and a number of federal and state courts. He has tried or arbitrated more than two dozen cases through merits hearings as lead counsel concerning international joint venture disputes, post-merger and acquisition disputes, intellectual property, sports contract disputes, maritime issues, bankruptcy, breaches of contract, insurance law, bilateral investment treaty disputes, and tort law, among others. He is also First Vice Chair of the New York International Arbitration Center and a member of the Court of Arbitration for Sport.

Jeffrey joined the firm in 1992 and became a partner in 2001.

Notable Experience

  • A major European bank in defeating claims in an ICC arbitration seeking indemnification pursuant to an M&A agreement governed by New York law arising out of the sale of a South American subsidiary (and recovering legal fees for our client).

  • Maple Leaf Sports and Entertainment (and several of its employees, including the head coach of the Toronto Raptors) in presently defending against claims brought by the New York Knicks in federal court alleging theft of trade secrets and seeking to compel arbitration under the NBA Constitution.

  • Vale in obtaining a multibillion-dollar LCIA award as a result of misrepresentations and corruption concerning a West African mining project.

  • LATAM Airlines in connection with the contested confirmation of its plan of reorganization, as well as prior disputes concerning its efforts to obtain more than $2 billion in debtor-in-possession financing in the midst of the COVID-19 pandemic, the approval of more than $5 billion in backstop arrangements, opposing substantive consolidation, and appellate proceedings.

  • Sysco Corporation in defending an LCIA arbitration and related federal judicial proceedings against Burford Capital Limited in connection with a dispute concerning Burford’s agreement to passively fund Sysco’s pursuit of certain federal antitrust claims.

  • Western Digital’s SanDisk subsidiary in multiple ICC arbitrations (and twice obtaining injunctive relief in California state court) in a multibillion-dollar dispute with Toshiba concerning Toshiba’s proposed sale of its memory business.

  • YPF S.A. in defending against $14 billion in fraudulent conveyance and alter ego claims brought by the Maxus Liquidating Trust.

  • A subsidiary of Italian defense conglomerate Leonardo in obtaining a unanimous ICDR arbitration award against Nomir Medical Technologies in which our client received 100% of its requested damages and defeated Nomir’s $200+ million counterclaim arising out of Nomir’s wrongful termination of an exclusive alliance agreement for the development of a laser treatment for the eradication of multi-drug resistant organisms.

  • The Bank of New York Mellon and one of its subsidiaries, as well as HSBC, in connection with their defense of numerous lawsuits arising out of the Bernard Madoff Ponzi scheme.

  • BHP Group Limited and its affiliates in defending climate change litigation in the state and federal courts of Hawaii.

  • Times Square JV LLC in its successful litigation against SL Green related to its acquisition of a property in Times Square.

  • The Resource Group, Inc. in connection with multiple JAMS arbitration proceedings and related litigation in the Southern District of New York and Second Circuit against one of its co-founders concerning numerous corporate governance and related disputes.

  • Newbridge Latin America in successfully obtaining an injunction in the Southern District of New York preventing a Mexican joint venture partner from pursuing a lawsuit brought in Mexico and in the subsequent ICC arbitration proceeding.

  • TPG in an LCIA arbitration with GET Global Electronic Trader and its principals, defeating all of GET’s claims concerning an unsuccessful internet venture.

  • Nexans in settling an ICC arbitration brought by Madeco, a Chilean cable manufacturer, regarding the post-closing purchase price adjustment for Nexans’ purchase of Madeco’s South American cable and wire business.

  • FIFA in connection with the evaluation of the United States’ bid to host the 2026 World Cup.

  • The U.S. Nortel estate in an unprecedented, simultaneous seven-week cross-border trial (conducted in Ontario and Delaware) concerning the allocation of $7.5 billion from the global liquidation of the assets of the Nortel Networks group of companies.

  • An affiliate of Pluspetrol S.A. in successfully obtaining injunctive relief in Delaware Chancery Court against Harvest Natural Resources on two occasions, first enjoining Harvest from pursuing an investment treaty arbitration on behalf of the parties’ joint venture against the Republic of Venezuela and subsequently enjoining Harvest from selling its interest in the joint venture without honoring our client’s tag-along rights.

  • A subsidiary of LAN Airlines in successfully litigating two lawsuits (sustained unanimously on appeal) arising out of an investment in a Brazilian Airline.

  • Grupo Condumex, S.A. de C.V. in obtaining a trial verdict in an Ohio federal court upholding its right of first refusal to purchase shares in a Mexican joint venture that had been sold by its partner to a competitor.

  • A U.S. subsidiary of a Mexican glass manufacturer in winning a multi-million-dollar ICC arbitration award against another glass manufacturer for breach of an exclusive sales agreement.

  • A leading global financial institution in the successful resolution of an ICC arbitration hearing in Lausanne, Switzerland against a German bank arising out of our client’s purchase of a multibillion-euro non-performing loan portfolio.

  • Bank of America Merrill Lynch in obtaining unanimous reversal of summary judgment (and receiving grant of summary judgment for the bank) in connection with a complex derivatives dispute.

  • Mark Messier and the National Hockey League Players’ Association in connection with their successful grievance arbitration against the Vancouver Canucks relating to deferred compensation.

  • A leading global financial institution in defeating multiple Section 1782 petitions brought by plaintiffs engaged in multibillion-dollar litigation against certain of the bank’s subsidiaries in a South American country.

  • Vale in an ad hoc construction arbitration proceeding in Rio de Janeiro arising out claims relating to a mining project in Guinea, West Africa.

  • Texas Pacific Group in the successful resolution of an arbitration before the London Court of International Arbitration by prospective Israeli joint venture partners in an unsuccessful internet venture.

  • Young & Rubicam Inc. in winning a trial involving claims of copyright and trademark infringement arising out of a Chinese advertising campaign for Colgate toothpaste developed by our client.

  • Spectrum Information Technologies in defeating at trial in the Eastern District of New York the efforts of its D&O insurers to rescind coverage on a claim of fraud in the inducement.

  • A leading French communications company and its co-investors in the successful resolution of an ICC arbitration in Geneva arising out of a joint venture dispute involving a Polish television satellite platform.

  • Lehman Brothers in defending against billion-dollar preference and fraudulent conveyance claims brought by the bankrupt Enron estate in connection with Enron’s commercial paper program and swap transactions.

  • Condumex Inc. in a federal jury trial against Answerthink concerning a failed computer upgrade project that wreaked havoc on our client’s logistics operations.

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Selected Activities

  • Co-Chair, 2020 New York Arbitration Week
  • Organizing Committee Member, 2021 New York Arbitration Week

  • First Vice Chair, Executive Committee of the Board of Directors, New York International Arbitration Center
  • Member, Court of Arbitration for Sport
  • Member, International Arbitration Club of New York
  • Former Board Member, The Fund for Modern Courts
  • Former Chair, Entertainment, Arts and Sports Law Section, New York State Bar Association
  • Former Member, International Commercial Disputes Committee, Association of the Bar of the City of New York
  • Former Adjunct Professor (Sports Law), New York Law School and Rutgers Law School