Nowell D. Bamberger’s practice focuses on cross-border contentious disputes matters, including litigation and criminal and regulatory investigations.
His typical assignments include representation of major international companies, financial institutions and high-profile individuals in a wide variety of disputes and regulatory investigations arising under U.S., foreign and international law. His recent experience includes representing clients throughout the Asia/Pacific region, including in Hong Kong, Singapore, South Korea, Japan and Malaysia, as well as handling significant U.S.-based complex litigation matters.
Nowell joined the firm in 2008 and became a partner in 2017. He has spent extended periods working from the firm’s offices in Hong Kong and London, holds dual U.S. and Italian citizenship, and is qualified in both the U.S. and England and Wales.
The Bank of New York Mellon in class action civil litigation and enforcement actions brought by the New York Attorney General and U.S. Department of Labor related to investments with the Ponzi scheme operated by Bernard L. Madoff Investment Securities LLC.
BHP Billiton and Vale in an investigation into of the collapse of the Fundão tailings dam in the Minas Gerais region of Brazil, reportedly the largest environmental disaster in the history of Brazil.
A foreign investment company subject to bankruptcy claims pursuant to the Securities Investor Protection Act related to its investment with Bernard L. Madoff Investment Securities LLC.
Foreign financial institutions in U.S. bankruptcy litigation related to the BVI liquidation of the Fairfield Sentry fund.
The Government of the Russian Federation in three parallel international arbitrations brought by the former majority shareholders of the Yukos Oil Company alleging that the Russian Federation had unlawfully expropriated Yukos in violation of the protections afforded to foreign investors under the Energy Charter Treaty, reported to be the largest arbitral dispute in history based on the amount in dispute.
Rosneft Oil Company and subsidiaries in extensive litigation proceedings with former subsidiaries of Yukos Oil Company in the U.S. and other jurisdictions.
Banc of America Securities in litigation relating to residential mortgage-backed securities.
Various investigation matters that, due to their nature, remain confidential.
Comments and Articles Editor, Pacific Rim Law & Policy Journal, University of Washington School of Law
- “CFTC Announces New Enforcement Strategy Focused on Self Reporting,” co-author, Cleary Gottlieb Alert Memorandum, September 26, 2017.
- “CFTC’s Demanding New Cooperation Guidelines for Companies and Individuals,” Journal of Investment Compliance, August 2017.
- “Cleary Gottlieb Analyzes Second Circuit Reversal of Rabobank Libor Convictions,” The CLS Blue Sky Blog, July 28, 2017.
- “CFTC Approves Amendments to Whistleblower Rules Including Significant Enhancements of its Anti-Retaliation Protections,” co-author, Cleary Gottlieb Alert Memorandum, May 25, 2017.
- “Seventh Circuit Creates Novel Rule That Parties May Waive Objection To Appointment Of Substitute Arbitrators Unless They Immediately Apply To A Court For Appointment,” MEALEY’S International Arbitration Report, February 23, 2010.
- “Are Military Testamentary Instruments Unconstitutional? Why Compliance With State Testamentary Formality Requirements Remains Essential,” 196 Mil. L. Rev. 91, 2008.
- Global Crisis Management: Legal Privilege in the Cross-Border Context, The Conference Board Governance Watch, New York, USA, July 2017
- Navigating Cross Border Government Investigations and Prosecutions, ABA Global White Collar Crime Institute, São Paulo, Brazil, June 2017
- Cross-Border Investigations: Navigating an Increasingly Challenging Landscape, Zurich, Switzerland, June 2017
- The Basics of International Arbitration of Investment Disputes, Legal Capacity Building Program, sponsored by the Institute of Legal Practice and Development, Kigali, Rwanda, May 2013