Brian A.
White

Represent strategic and private equity buyers and sellers in litigation and arbitrations involving working capital/purchase price adjustments, breach of covenant and breach of representation and warranty claims, material adverse change declarations, earnouts, successor liability and various business torts. Participate in due diligence and counsel clients on deal-related litigation risks. Samples include:

Represented the seller in an LCIA arbitration over a $450 million post-closing fraud, breach of representation and warranty, and breach of a patent license arbitration arising out of the sale of a chemical manufacturing business. The purchase agreement was governed by Delaware law.

Representing the seller in a breach of covenant and earnout dispute in the Delaware Court of Chancery arising out of the sale of a consumer goods manufacturer.

Representing the buyer in an earnout dispute before a neutral accountant arising out of the purchase of a logistics company.

Represented the buyer in an LCIA arbitration involving a working capital dispute and a $100 million breach of representation and warranty claim. The purchase agreement was governed by Delaware law.

Represented the buyer in a AAA arbitration over buyer’s declaration of a material adverse change and termination of the purchase agreement.

Represented the seller in an action in the New York Supreme Court over buyer’s declaration of a material adverse change and termination of the purchase agreement.

Represented the seller in a post-closing dispute alleging breaches of restrictive covenants and breaches of representations and warranties in the Delaware Court of Chancery.

Represented the buyer in a post-closing dispute alleging breaches of restrictive covenants in the Delaware Chancery Court.

Represented the buyer in an ICDR arbitration relating to an earnout.

Represented the buyer in an action in the U.S. District Court for the Southern District of New York alleging failure of the seller to honor its indemnification obligations.

Representing the buyer in an action in state court in Arizona alleging fraud, failure to indemnify, and breach of contract.

Represented numerous clients in lawsuits alleging that the clients are liable for torts committed by former affiliates and/or subsidiaries.

Represented a chemical manufacturing company in multiple sale of goods cases as both buyer and seller, including arbitrations under the CPR Rules, the Finland Arbitration Institute, the ICC, and in several U.S. courts. Cases involved terminations of long-term sale of goods contracts, sales of non-conforming goods, force majeure, efficient breach of contract, and damages calculations, and were governed by the U.S. Uniform Commercial Code (“U.C.C.”), the Convention on the International Sale of Goods (the “CISG”), English law, and Finnish law.

Represented a Saudi Arabian manufacturer as both buyer and seller in multiple sale of goods cases, including arbitrations under the LCIA Rules and the ICC Rules and in U.S. litigation. Cases involved price-adjustments, supply interruptions, and early contract terminations under U.S. and English law.

Represented a nuclear power operator in an ICDR arbitration arising out of the termination of a long-term uranium supply contract.

Represented a German manufacturer in an ICC arbitration against a Swedish automotive manufacturer involving alleged design defects and manufacturing errors in the production of automotive parts. Swedish law governed.

Represented a U.S. manufacturer in a dispute over the termination of a long-term sale of goods contract under the U.C.C.

Representing a U.S. manufacturer in a dispute over the alleged failure to purchase minimum quantities under a long-term sale of goods contract under the U.C.C.

Represented a Korean technology company in a SIAC arbitration seated in Singapore against a Japanese competitor over a patent cross-license agreement.

Represented a Swiss manufacturer of mobile devices, set top boxes, and a virtual machine in an ad hoc arbitration in London and parallel litigation in the U.S. District Court for the Northern District of California against a large California-based technology company. The contract was governed by California law and the dispute involved the calculation of royalties under a software license agreement requiring that royalties be Fair, Reasonable, and Non-Discriminatory (“FRAND”).

Represented a European pharmaceutical company in a WIPO arbitration governed by English law against a U.S. manufacturer. The dispute arose out of a patent license agreement and related to the failure of the licensee to obtain a New Drug Approval in the United States for a product that had approval in Europe.

Represented a Panamanian private equity fund in a series of arbitrations in Santiago, Chile (under the CAM Santiago Rules) and in New York (under the ICDR Rules) alleging breaches of joint venture and patent license agreements relating to oil-extraction technology.

Represented a U.S. pharmaceutical company in an ICDR arbitration against an Indian pharmaceutical company in a dispute over a joint venture agreement calling for the development and marketing of a new formulation for an existing medication.

Represented multiple clients in compelling or avoiding arbitration, actions to obtain discovery in the US for use in foreign proceedings, actions to obtain documents or testimony outside the U.S. for use in U.S. proceedings, actions to enforce arbitration awards in both the U.S. and in England, including successful appeals in the U.S. Courts of Appeal for the Ninth Circuit and D.C. Circuit and in the Supreme Court of Texas.

Represented an Indian auto manufacturer in an ad hoc arbitration in London governed by English law against a U.S. distributor and in parallel class action litigation and separate litigation brought by more than 100 individual dealers in various U.S. Courts and administrative agencies.

Represented a U.A.E.-based producer of luxury goods in a dispute with a U.S.-based franchisee in the U.S. District Court for the District of Michigan.

Represented a law firm in a CPR arbitration and in related litigation in California and New York against a former partner.

Represented a law firm in a AAA arbitration and in related litigation in Georgia Superior court involving allegations of professional negligence.

Represented a real estate developer in a $100 million dispute with its lender in the U.S. District Court for the Northern District of Georgia and the U.S. Court of Appeals for the Eleventh Circuit.

Represented the owner in a dispute over the sale of property and construction of a nuclear power plant in a South Carolina Circuit Court.

Represented the owner of a mining operation in an ICC arbitration relating to a construction project in Australia.

Represented public utilities (as plaintiffs) and property owners (as defendants) in dozens of condemnation/public takings projects.

Represented a major oil company in two international investment treaty arbitrations under the UNCITRAL Rules.

Represented a European airline in an international investment treaty arbitration under the ICSID Rules.