ESG and Sustainability
Advised multinational biotechnology company regarding corporate social responsibility issues, including human rights, environmental and labor relations.
Co-authored amicus brief in United States Supreme Court on behalf of Amnesty International, Center for Constitutional Rights, and international and foreign bar associations in Graham v. Florida, 560 U.S. 48 (2010), and Miller v. Alabama, 567 U.S. ___, 132 S. Ct. 2455 (2012), discussing relevance of international human rights and foreign law in 8th Amendment challenge to life without parole sentences for non-homicide juvenile offenders.
Obtained complete dismissal with prejudice in putative class action alleging "greenwashing" based on Fiji Water's use of green drop, "fijigreen.com" and "every drop is green" on labels of Fiji Water bottles, including successfully arguing appeal. Hill v. Roll International Corp., 195 Cal. App. 4th 1295 (2011).
Obtained voluntary dismissal of claims challenging Fiji Water’s statements about carbon negativity based on future carbon credits.
Advised foreign government regarding potential investor-state arbitration claim arising out of threatened cancellation of hydropower project due to environmental concerns.
Represented green dental products company in connection with dispute over distribution and marketing of products.
Represented energy drink company in putative class action over marketing of products as "natural".
Represented women-owned B Corporation organic produce distribution business in business ownership dispute.
International
Neil’s arbitration experience includes AAA, CAS, CIETAC, HKIAC, ICC, ICDR, ICSID, JAMS, LCIA, SIAC and UNCITRAL arbitration rules, among others.
From 2015 to 2022, Neil served as an Ad Hoc Expert for the Project Complaint Mechanism of the European Bank for Reconstruction and Development (EBRD). In this role, he resolved complaints from project-affected individuals, communities, and organizations alleging that EBRD failed to comply with its Environmental and Social Policy.
Represented Japanese distributor of medical products in ICC arbitration involving alleged breach of international distribution agreement with related intellectual property claims.
Represented French distributor of artificial heart pumps in ICC arbitration in dispute over multi-jurisdictional distribution agreement.
Representing California publisher of art books in defense of action seeking recognition of French judgment involving use of photographic images in catalogue raisonée of the works of Pablo Picasso under California's Uniform Foreign-Country Money Judgments Recognition Act.
Represented Korean construction company in ICSID arbitration under Korea-Oman BIT.
Represented international medical products company in threatened international arbitration regarding distribution rights. Successfully prevented other party from initiating arbitration.
Represented Indonesian chemical company in international arbitration before London Court of International Arbitration arising out of sale of chemical manufacturing facilities.
Represented Taiwanese business owner in series of disputes arising out of sale of textile-related businesses. Includes first-chair experience in international arbitration before China International Economic and Trade Arbitration Commission (CIETAC).
Represented Republic of Congo (Brazzaville) in action to collect defaulted loan obligation under Foreign Sovereign Immunities Act, creating new Ninth Circuit law on scope of "commercial activity" exception to foreign sovereign immunity. Af-Cap, Inc. v. Chevron Overseas (Congo) Ltd., 475 F.3d 1080 (9th Cir. 2007).
Represented Republic of Argentina in defending against attempt to seize Argentine presidential airplane ("Tango 01") to collect debt arising out of Argentine financial crisis. Case dismissed under Foreign Sovereign Immunities Act. Colella v. Republic of Argentina, 2007 WL 154204 (N.D. Cal., May 29, 2007).
Represented Republic of Argentina in litigation over attempts to execute judgments obtained by creditors in connection with distressed debt.
Co-authored amicus brief in United States Supreme Court on behalf of law professors in Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co. Ltd., No. 16-220 (decided June 14, 2018), regarding appropriate degree of deference U.S. courts should give to foreign government’s interpretation of its own law. Court adopted “respective consideration” standard proposed in our brief.
Advised foreign government as special counsel in negotiations for free trade agreements with United States and third country.
Represented foreign employee of overseas chip manufacturer in criminal antitrust investigation involving DRAM computer chips.
Represented Russian freight forwarding company Concern Sojuzvneshtrans in litigation involving alleged breach of guaranty on lease of shipping containers.
Domestic
Counsel for amicus curiae European Commission, which filed a brief on behalf of the European Union in Abitron Austria GmbH v. Hetronic Int'l, Inc., __ U.S. __ (2023). The Supreme Court quoted the amicus brief during oral argument and in the majority and concurring opinions.
Represented Seagate in class actions challenging disclosures about computer hard drive storage capacity, including arguing leading case regarding class action settlements, Cho v. Seagate Technology Holdings, Inc., 177 Cal. App. 4th 734 (2009).
Obtained summary judgment (affirmed on appeal) for hospital group in putative class action alleging unfair practices in connection with rates charged to uninsured patients.
Defeated class certification, leading to dismissal of putative class action against community hospital challenging reasonableness of prices charged to uninsured patients for emergency care.
Represented Palm Inc., in consumer class actions involving Palm products and services, including data security issues and alleged product defects.
Represented McDonald’s in highly publicized, multiple class action “french fries” litigation in California, Washington, Texas, New Jersey and Illinois, involving alleged non-disclosure that fries contain beef flavoring.
Represented flash memory and computer hard drive manufacturers in consumer class actions alleging inadequate disclosure of memory storage capacity.
Successfully defended pharmaceutical manufacturer in administrative disciplinary proceedings to suspend license.
Represented major insurance brokerage firm in class action litigation challenging its disclosure of commissions and fees.
