ENYO LAW ACTS FOR UNWIRED PLANET INC AND UNWIRED PLANET LLC IN SUBSTANTIAL PATENT-RELATED COMPETITION LAW PROCEEDINGS
Enyo Law Acts for Unwired Planet Inc and Unwired Planet LLC in substantial patent-related competition law proceedings that will decide the manner in which firms who hold patents essential to technological standards are entitled to license their patents and the manner in which those license negotiations may take place. The value of the claim is likely to be in excess of £1bn and the financial consequences of, and precedent set, by the case are likely to be well in excess of that.
ENYO LAW SUCCESSFULLY RESIST ANTI-SUIT APPLICATION IN MULTI-BILLION DOLLAR RUSSIAN OIL BUSINESS DISPUTE
Leonid Lebedev commenced proceedings in New York against oligarchs Viktor Vekselberg and Leonard Blavatnik claiming over USD 2 billion in respect of his interest in the TNK-BP joint venture, acquired by the Russian oil company Rosneft in 2013 in a deal reportedly worth USD 55 billion. Messrs Vekselberg and Blavatnik, together with Rochester Resources Ltd, applied in the Commercial Court in London to restrain Mr Lebedev from pursuing that action in New York on the basis that Mr Lebedev was bound by an arbitration agreement. On 9 September 2014, Jonathan Hirst QC (sitting as a Deputy High Court Judge) dismissed the application. During the course of a two day hearing, Enyo assisted Mr Lebedev in successfully resisting the Claimants’ extensive arguments including in relation to the law of agency.
ENYO LAW STRIKE OUT PRIVILEGED MATERIAL IN MULTI-BILLION DOLLAR RUSSIAN OIL BUSINESS DISPUTE
On 2 July 2014, Mr Justice Blair handed down judgment in Mr Lebedev’s successful application to strike out privileged material contained within an application for an anti-suit injunction which had been brought against him by Viktor Vekselberg and Leonard Blavatnik. The application brought into focus the current law on whether ‘opening shots’ in negotiations, aimed at avoiding commencing formal proceedings, are covered by without prejudice privilege. The arguments advanced by Enyo on behalf of Mr Lebedev were upheld by Mr Justice Blair - the result indicates that the Court will take a flexible approach when considering whether ‘opening shots’ in negotiations attract without prejudice privilege. The case also dealt with the relevance of foreign public policy arguments on admissibility, where the communication is made in the context of foreign litigation. Mr Justice Blair endorsed the arguments put forward by Enyo on behalf of Mr Lebedev that the admissibility of evidence in the English Courts will be determined by English law, as the law of the forum and, as such, arguments on foreign public policy are irrelevant.
ENYO LAW ACTS FOR THE LIBYAN INVESTMENT AUTHORITY IN USD 2.1 BILLION CLAIM AGAINST SOCIÉTÉ GÉNÉRALE
Enyo Law is acting on behalf of the Libyan sovereign wealth fund, the LIA, in relation to a USD 2.1 billion claim for, inter alia, rescission of a series of trades purportedly entered into with members of the SocGen Group between November 2007 and October 2008. The trades involved members of the SocGen Group making payments totalling approximately USD 58 million to the Sixth Defendant, Leinada Inc, a Panamanian company ultimately owned and/or controlled by the Walid Giahmi, allegedly for services provided in connection therewith. The case is ongoing and can be followed in the High Court of Justice, Queen’s Bench Division, Commercial Court, Claim No. 2014 Folio 260.
ENYO LAW ACTS FOR THE LIBYAN INVESTMENT AUTHORITY IN CLAIM WORTH IN EXCESS OF USD 1 BILLION AGAINST GOLDMAN SACHS
Enyo Law is acting on behalf of the LIA in respect of a claim worth in excess of USD 1-billion against Goldmans regarding nine large long-dated complex financial derivative transactions which the LIA entered into with Goldmans between January 2008 and April 2008. The action involved claims of undue influence and unconscionable bargain. The proceedings involved an abandoned summary judgment application by Goldmans in respect of which we successfully sought an order on behalf of the LIA directing Goldmans to pay the LIA’s costs incurred as a result of the abandoned application on an indemnity basis. The case is ongoing and can be followed in the High Court of Justice, Chancery Division, Claim No. HC-2014-000197.
SUCCESS IN AVIATION ARBITRATION
Enyo Law acted for a leading low fares airline in ad hoc arbitration proceedings in London against a major Eastern European airport, successfully claiming against the airport for substantial damages for breach of contract and a declaration that the airport was not entitled to collect a security charge from the airline’s passengers. Enyo also successfully defended a counterclaim by the airport that the underlying agreement with the airline had been entered into as a result of unlawful state aid, as well as a significant counterclaim for money which the airline had set off against payments made directly to a third party provider of terminal navigation services.
INJUNCTION APPLICATION SUCCESSFUL IN GEORGIAN AMERICAN ALLOYS V. WHITE & CASE LLP  EWHC 94 (COMM.)
Enyo Law obtained a permanent injunction restraining White & Case from acting for the Ukrainian oligarch, Victor Pinchuk, in multi-billion dollar Commercial Court and LCIA proceedings. Enyo acted for a number of ferroalloy companies that had been represented by White & Case New York in relation to a restructuring and initial public offering, in circumstances where White & Case solicitors in London and Moscow were at the same time advising Mr Pinchuk to prepare claims against Messrs Kolomoisky and Bogolyubov, both of whom have ownership interests in those ferroalloy companies.
SUCCESSFUL SETTLEMENT IN LIVERPOOL FOOTBALL CLUB CASE
Enyo Law acted for the former directors of Liverpool Football Club (“LFC”) in a high profile expedited claim in the High Court concerning the disputed sale of LFC in 2010 for £300m. It was cited as one of the “Top cases of 2013” by The Lawyer. The case, which settled on confidential terms before trial, involved allegations of breach of directors’ duties and the granting of negative declaratory relief. Other parties included RBS and New England Sports Ventures.
PARTNERSHIP DISPUTE SUCCESS – SHYAMALI MUKERJEE & ANOTHER V ADITYA SEN & ANOTHER  EWHC 1997,  EWCA 1895,  EWHC 1678
Enyo Law is acting for the Claimants in a partnership dispute involving a valuable portfolio of properties in London. The proceedings have involved obtaining an interim payment, successfully resisting a challenge in the Court of Appeal and, after a 10-day trial in the High Court (Chancery Division), succeeding in respect of (a) the underlying arrangements governing the holding of the properties and (b) resisting numerous counterclaims. In light of findings of dishonesty against the managing partner, the Claimants are now seeking the appointment of a receiver by way of equitable execution.
JURISDICTION WIN FOR ENYO CLIENT IN ENERCON & WOBBEN PROPERTIES V ENERCON (INDIA)  EWHC 689, 3711, 3967 (COMM)  EWHC 335
Enyo Law is acting for one of the leading wind energy companies in India in a complex jurisdictional dispute, and has successfully challenged the jurisdiction of the English Court to impose a multi-million pound worldwide freezing order, anti-suit injunctions and to appoint a third arbitrator pursuant to the English Arbitration Act 1996.
FREEZING INJUNCTION SUCCESS
Enyo Law is acting for a defendant Cypriot company in relation to LCIA proceedings. A freezing injunction was obtained ex parte by the Claimant. The injunction was voluntarily withdrawn and indemnity costs paid after Enyo’s client’s evidence was served.
USD100M HEDGE FUND DISPUTE SETTLED – RUBICON FUND MANAGEMENT LLP V TIMOTHY ATTIAS & ORS
Enyo Law acted for the Claimant on a USD 100 million claim arising out of a dispute between former partners of the hedge fund involving allegations of breach of contract, breach of confidentiality and conspiracy. The case settled on confidential terms during trial.
RECOGNITION OF LUXEMBOURG LIQUIDATION PROCEEDINGS IN NEW YORK IN RE: SLS CAPITAL S.A. DEBTOR IN FOREIGN PROCEEDINGS
On behalf of the Liquidator, and in conjunction with US attorneys, Enyo Law obtained recognition of Luxembourg liquidation proceedings as a foreign main proceeding in the New York Bankruptcy Court under Chapter 15 of the US Bankruptcy Code, and subsequently obtained orders for discovery against HSBC Bank USA, N.A., Wells Fargo Bank and others in support of the Liquidator’s investigations into the sale of assets and the loss of some USD 250 million invested.
PROFESSIONAL NEGLIGENCE SUCCESS FOR ENYO LAW CLIENT IN CAPITA ALTERNATIVE FUND SERVICES (GUERNSEY) LIMITED & MATRIX SECURITIES LIMITED V DRIVERS JONES  EWCA CIV 1417
Enyo Law acted for the Claimants in what has been described as one of the most important cases in the professional negligence arena in recent years. The claim concerned the over-valuation by the Defendants of an investment made by approximately 500 investors in an Enterprise Zone Property Unit Trust in 2001.
ERSTE GROUP BANK AG v JSC ”VMZ RED OCTOBER” & OTHERS
Enyo Law succeeded before the Court of Appeal on behalf of a subsidiary of the Russian state defence corporation Rostekhnologii (the fifth defendant) in a jurisdiction challenge to a US$20 million claim brought by a member of a banking syndicate against a Russian borrower and guarantor (both in insolvency in Russia) and six other Russian defendants, alleging that the defendants had conspired to render the borrower and guarantor insolvent.
SMP TRUSTEES v KEYDATA INTERNATIONAL FUND SPC
Enyo Law is acting for the Defendant to a Part 8 Claim pursuant to which the trustees to a bond issue are seeking directions regarding distributions from a failed investment scheme.
RYANAIR LTD V ESSO ITALIANA SRL (2013)  EWCA CIV 1450.
Enyo Law acted for Ryanair Ltd before the Court of Appeal on the scope of an English jurisdiction clause in a contract for the sale of jet fuel at Italian airports.
ENYO LAW IS ALSO:
- Acting as co-counsel with US lawyers for the insured, one of the largest utility providers in the US, in relation to three separate Bermuda Form Arbitrations, two for US$50m and one for US$150m, against excess insurers concerning coverage issues arising out of an environmental incident at a fossil fuel electricity generation facility. The first US$50m arbitration settled for US$42m. The client was successful in the second arbitration, obtaining an Award for the full amount claimed. The Award in the third arbitration is currently awaited.
- Advising the claimants in a multi-million Euro claim arising out of the management and control by the defendants of a limited partnership established to make investments in Romania and Bulgaria. The claim can be followed in the High Court of Justice, Queen’s Bench Division, Commercial Court, Claim No. 2014 – 652.
- Advising a property investment vehicle in the context of an attempted enforcement of security in reliance on (1) potentially invalid evidence of breach of loan-to-value covenant and (2) apparently invalid assignment by the lending bank to a vulture fund, including advising on the merits of our client’s position and standstill arrangements to be entered into pending sale of the underlying asset.
- Advising a major oil company on litigation strategy concerning an USD 850 million investment in an oil field in Latin America.
- Acting for a company in a complex multi-party dispute, including an application for injunctive relief to restrain the appointment of a LPA receiver.
- Acting for a defendant in regulatory enforcement proceedings in relation to an alleged unauthorised collective investment scheme and illegal deposit-taking.
- Acting for a major UK insurance organisation in a multi-million pound dispute in the Commercial Court against a leading insurer.
- Advising a high profile public figure from the former CIS on issues relating to the recent and ongoing State led expropriation of very high value strategic assets.
- Advising a leading private equity firm and providing strategic litigation advice in connection with potential issues arising in relation to a £3.2 billion acquisition.
- Advising a high-net individual from Russia in relation to: (1) preparing and issuing an unfair prejudice petition (s. 994 of the Companies Act 2006) against an English company and (2) in an expert determination regarding additional consideration arising under a share purchase agreement.
- Acting for a Japanese airline company in relation to jurisdictional issues arising out of a claim brought against it in the English courts by British Airways in connection with alleged cartel activity.
- Acting for the mezzanine debt in one of the largest European Restructurings in various issues with the Senior Lenders, as advised by Freshfields and Kirkland & Ellis.
- Acting for several Clients (individuals, retail and financial institutions) in a number of separate actions against major UK high street banks for the alleged mis-selling of products between 2005 – 2008. These vary in value from £1 million to over £200 million.
- Acting for a party in an ICC arbitration concerning a substantial dispute regarding a joint venture real estate project in central Europe.
- Acting for a worldwide telecommunications company in a contractual dispute with an African licensee.