International Litigation & Dispute Resolution

Litigation

The SHB International Litigation & Dispute Resolution Practice has cultivated an in-depth understanding of the legal nuances unique to countries and jurisdictions throughout the world. With decades of experience handling complex global litigation, SHB attorneys have represented many of the world’s largest pharmaceutical and medical device manufacturers, tobacco companies, consumer product manufacturers, and retailers. This practice offers clients nearly 50 years of defense expertise honed in some of the most critical litigation arenas to date.

SHB locations in London and Geneva also establish a solid European base of operations suited to meet a range of geographical needs. The international litigation practice enjoys long-standing relationships with prestigious law firms in more than 70 countries. These partnerships are arranged after a rigorous interview and selection process designed to maximize the quality of legal services available to clients. To this end, SHB lawyers have gained access to in-country courts and thus acquired firsthand knowledge of the idiosyncratic legal and societal factors that often have a major impact on litigation.

Whether a litigation issue arises across the street or across many time zones, SHB has the resources to execute a multifaceted defense on behalf of clients engaged in products liability, commercial or environmental matters. Recognized as an innovator in the field of national and international case management, the firm has developed a sophisticated infrastructure and a network of global contacts that allow SHB attorneys to deliver consistent results on a worldwide basis. This ability to mold an approach to fit multiple jurisdictions is the hallmark of the SHB International Litigation & Dispute Resolution Practice.

Arbitration & Dispute Resolution

Drawing on its rich tradition of trial advocacy, SHB is also well-positioned to meet the needs of litigants interested in dispute resolution. Members of this practice have served in court-mandated mediation, as well as in situations where parties have sought to mediate without court compulsion. They have also acted as arbitrators under various promulgated and ad hoc rules, such as the rules of the American Arbitration Association, the CPR Institute for Dispute Resolution, the National Association of Securities Dealers, Inc., the New York Stock Exchange, and the Chartered Institute of Arbitrators (North American Organization) based in London. A founding member of the CPR Institute for Dispute Resolution, SHB has long supported the institute’s aim of finding cost-effective ways to settle disputes.

SHB attorneys have also been involved with innovative alternative dispute resolution (ADR) processes. For example, an SHB lawyer serving as the “neutral” under a case management order also conducted all discovery in the matter, assuming a role similar to that of a court-appointed investigator in some European courts. Under this arrangement, the neutral received “position papers” from the parties and prepared a report used as the basis for settlement. Another such process involves pre-suit ADR, whereby the neutral will supervise the exchange of documents, the witness interviews and the expert presentation to the litigants, prior to engaging in traditional mediation.

To read more about SHB’s commitment to dispute resolution, please click here.

Risk Avoidance Counseling

The SHB International Litigation & Dispute Resolution Practice recognizes that liability claims and lawsuits, even when successfully defended, can tarnish a company’s reputation, disrupt business and damage the bottom line. As a result, members of this practice regularly conduct risk assessments and provide risk avoidance advice to both domestic and international clients. In formulating strategies to minimize current and future liability, SHB lawyers research the mandatory and voluntary standards, as well as other applicable regulations and requirements, issued by agencies such as the Consumer Product Safety Commission. This approach also entails reviewing the warnings, instructions for use, warranties, and advertisements associated with a product; comparing company programs and practices with industry standards; and evaluating the case law concerning similar products. In particular, SHB has provided risk avoidance counseling with respect to televisions, television lighting towers, automobiles, household cleaning products and appliances, food and beverages, consumer products, broadcasting equipment, commercial appliances, and workplace products. Moreover, SHB international law attorneys leverage their trial experience to anticipate the potential litigation issues faced by companies marketing a product in the United States.

Jonathan Rosen, "Foreign Corrupt Practices Act," IPOA EuroConference 2010: Risk Management in Conflict and Post-Conflict Zones (London, England), April 8-9, 2010

Kevin Haroff (Moderator), "Managing the Marine Environment," WorldAffairs 2010 Conference (San Francisco, Calif.), Mar. 11-12, 2010

John M. Barkett & Jan Paulsson, The Myth of Culture Clash in International Commercial Arbitration, The Florida Bar International Law Section Annual Meeting (2010) View

Harvey L. Kaplan, William J. Crampton & Marc E. Shelley, Chapter 7: Class Action Developments Overseas, in Product Liability Litigation: Current Law, Strategies and Best Practices (PLI 2009)

Gregory L. Fowler, Marc Shelley & Silvia Kim, Emerging Trends in International Litigation: Class Actions, Litigation Funding and Punitive Damages, Dispute Resolution International (International Bar Association), October 2009, at 101 View

Mark A. Behrens, Gregory L. Fowler & Silvia Kim, Global Litigation Trends - Class Actions, Contingency Fees, and Punitive Damages: Moving Toward the American Civil Law Model?, 17 Mich. St. J. Int’l Law 165 (2009) View

Luis A. Perez, Frank Cruz-Alvarez, Salo Kozolchyk & Mark Schweikert, Collecting on Your Winnings: Recognition and Enforcement of Foreign Arbitral Awards, 24:2 International Law Quarterly (The Florida Bar), Winter/Spring 2009, at 8, 45 View

Gregory L. Fowler & Harvey L. Kaplan (Contributing Editors), Getting the Deal Through: Product Liability in 36 Jurisdictions Worldwide (Law Business Research Ltd., 2009)

Harvey L. Kaplan, Global Overview, in Getting the Deal Through: Product Liability in 36 Jurisdictions Worldwide (Law Business Research Ltd., 2009) View

Gregory L. Fowler & Marc E. Shelley, United States, in Getting the Deal Through: Product Liability in 36 Jurisdictions Worldwide (Law Business Research Ltd., 2009) View

Simon Castley & Aaron Le Marquer, England and Wales, in Getting the Deal Through: Product Liability in 36 Jurisdictions Worldwide (Law Business Research Ltd., 2009) View

Jonathan N. Rosen & Luis A. Perez, International Business: Health care probes on rise with foreign involvement, Miami Daily Business Review, February 24, 2009

Harley V. Ratliff and Laura C. Fey, A Brave New World: The Dawn of Hyper-Complex Litigation (updated), Bloomberg Corporate Law Journal, Winter 2009 View

Gregory L. Fowler & Marc E. Shelley, International Coordinating Counsel: The Next Evolution of Litigation Management, 4:1 Bloomberg Corporate Law Journal, Winter 2009, at 194 View

Gregory L. Fowler & Diego Gandolfo, Class Actions in Latin America: A Report on Current Laws, Legislative Proposals and Initiatives, 1:1 Latin American Forum Newsletter (International Bar Association), Oct. 2008, at 72 View

Gregory L. Fowler and Marc E. Shelley, International Coordinating Counsel: The Next Evolution of Litigation Management, 2:21 Bloomberg Law Reports: Litigation, May 27, 2008, at 2 View

Simon Castley and Aaron Le Marquer, England and Wales, in Product Liability in 36 Jurisdictions Worldwide (Harvey L. Kaplan and Gregory L. Fowler eds., 2008) View

Harvey L. Kaplan, Global Overview, in Product Liability in 36 Jurisdictions Worldwide (Harvey L. Kaplan and Gregory L. Fowler eds., 2008) View

Gregory L. Fowler and Simon J. Castley, Global trade and regulatory oversight: are uniform product safety standards on the horizon?, Product Law and Advertising Newsletter (International Bar Association), May 2008, at 16 View

Steve Vockrodt (quoting Gregory Fowler), International Services Group Adds to Shook, Hardy's Scope, Kansas City Business Journal; March 21-27, 2008, at 4 View

John Barkett, E-discovery for Arbitrators, Disp. Res. Int’l (2008) View

Luis A. Perez, Frank Cruz-Alvarez & C. Ryan Jones, North Meets South: Figuring Out the Discovery Puzzle in International Commercial Arbitrations, 23:2 Int’l L. Q., Winter 2008, at 4 View

Harvey L. Kaplan & Jon A. Strongman, Developments in US product liability law and the issues relevant to foreign manufacturers, in PLC Cross-border Dispute Resolution Handbook 2007/08 (6th ed. 2007/08)

Gregory L. Fowler, Trends in US Product Liability Law 2007, 15: 2 Product L. & Advertising (Int’l Bar Ass’n Legal Practice Committee, London, U.K.), Oct. 2007, at 24 View

Luiz Migliora, Walter Cofer & Gregory Fowler, Trial and Error: Class Actions in Brazil and the US, and the Global Trends, 6:8 LATINLAWYER, Sept. 2007, at 38 View

Gregory L. Fowler, Samuel B. Sebree II & Marc E. Shelley, Seeking Discovery in U.S. Courts to Aid in Foreign Proceedings, DRI Europe eNews, Sept. 6, 2007, http://www.imakenews.com/driem/e_article000899112.cfm?x=bbfHQGG,b84MnDc6

Luiz Guilherme Migliora, Thomas Belitz França, Anthony Andrade, & Diego Gandolfo, Tobacco Litigation in the United States and in Brazil: A Comparative Analysis, 862 Revista dos Tribunais [Magazine of the Courts] 1 (2007)

Laurel J. Harbour & Marc E. Shelley, The Emerging European Class Action: Expanding Multi-Party Litigation to a Shrinking World, The Practical Litigator, July 2007, at 23 View

C. Douglas Goins, Jr., William L. Allinder & Gregory L. Fowler, A Framework for Managing Mass-Tort Litigation, In-House Def. Q., Summer 2007, at 34 View

Laurel J. Harbour & Christopher V. Cotton, International Discovery: Navigating Uncharted Waters, IADC Committee Newsl. (Int’l Ass’n of Def. Couns., Chicago, Ill.), April 2007, at 2 View

C. Douglas Goins, Jr., Gregory L. Fowler & Taavi Annus, Regulating Contractors in War Zones: A Preemptive Strike on Problems in Government Contracts, Thomas West Briefing Papers (Second Series), Feb. 2007, at 1 View

Gregory L. Fowler & Simon J. Castley, Product Manufacturers, Take Heed: International Markets Bring International Regulatory Oversight, Safety Standards and Liability Concerns, 1 Bloomberg Eur. Bus. L.J., Winter 2007, at 83 View

Gregory L. Fowler & Simon J. Castley, Product Manufacturers, Take Heed: International Markets Bring International Regulatory Oversight, Safety Standards and Liability Concerns, 2 Bloomberg Corp. L.J., Winter 2007, at 83 View

Harvey L. Kaplan & Angela M. Seaton, Chapter 2: Strategies For Dealing With the Risk of Punitive Damages, in The International Comparative Legal Guide to: Product Liability 2007, 5 (5th ed. 2007) View

Harvey L. Kaplan & John F. Kuckelman, Chapter 44: USA, in The International Comparative Legal Guide to: Product Liability 2007, 307 (5th ed. 2007) View

Harvey L. Kaplan & Jon A. Strongman, Chapter 4: Drug Advertising and the Learned Intermediary Doctrine, in The International Comparative Legal Guide to: Pharmaceutical Advertising 2007, 14 (4th ed. 2007) View

Harvey L. Kaplan & Jon A. Strongman, Chapter 47: USA, in The International Comparative Legal Guide to: Pharmaceutical Advertising 2007, 334 (4th ed. 2007) View

Craig Proctor, Strategic Issues Management – Preempting Liability Challenges, in Expert Guides: Guide to the World’s Leading Product Liability Lawyers (2007), http://www.expertguides.com/default.asp?Page=10&GuideID=165&CountryID=60

Mark Tyler, Tolley’s Workplace Accident Handbook (2nd ed. 2007) (2003)

Harvey L. Kaplan, Country Q&A United States, in PLC Cross-border Life Sciences Handbook 2006/07, 397 (2006/07) View

Harvey L. Kaplan & Jon A. Strongman, Developments in US product liability law and relevant issues to foreign manufacturers, in PLC Cross-border Dispute Resolution Handbook 2006/07, 9 (2006/07) View

Laurel J. Harbour & Marc E. Shelley, The Emerging European Class Action: Expanding Multi-Party Litigation To A Shrinking World, ABA Annual Meeting (Honolulu, Haw.), August 2006 View

Laurel J. Harbour & Natalya Y. Johnson, Can A Corporation Commit Manslaughter? Recent Developments in the United Kingdom and the United States, 73 Def. Couns. J. 226 (2006) View

Gregory L. Fowler, Globalization of Product Regulation and Product Liability Risk, Joint Int’l Conf. (Def. Research Inst., Int’l Ass’n of Def. Couns., Ass’n of Def. Trial Att’ys & Fed’n of Def. & Corp. Couns., Miami, Fla.), May 2006

Harvey L. Kaplan & Angela M. Seaton, Strategies For Dealing With the Risk of Punitive Damages, in The International Comparative Legal Guide to: Product Liability 2006(4th ed. 2006)

Harvey L. Kaplan & John F. Kuckelman, Chapter 41: USA, in The International Comparative Legal Guide to: Product Liability 2006 (4th ed. 2006)

Harvey L. Kaplan & Jon A. Strongman, Developments in US product liability law and the issues relevant to foreign manufacturers, in PLC Cross-border Dispute Resolution Handbook 2005/06 (2005/06)

Harvey L. Kaplan, Country Q&A United States, in PLC Cross-border Life Sciences Handbook 2005/06 (2005/06)

Harvey L. Kaplan & Angela M. Seaton, Chapter 2: Avoiding/Minimising the Risk of Punitive Damages, in The International Comparative Legal Guide to: Product Liability 2005, 7 (3rd ed. 2005) View

Harvey L. Kaplan & John F. Kuckelman, Chapter 41: USA, in The International Comparative Legal Guide to: Product Liability 2005, 267 (3rd ed. 2005) View

Harvey L. Kaplan & Jon A. Strongman, Chapter 2: Drug Advertising and the Learned Intermediary Doctrine, in The International Comparative Legal Guide to: Pharmaceutical Advertising 2005, 5 (2nd ed. 2005) View

Harvey L. Kaplan & Jon A. Strongman, Chapter 40: USA, in The International Comparative Legal Guide to: Pharmaceutical Advertising 2005 (2nd ed. 2005)

Harvey L. Kaplan, Country Q&A United States, in PLC Global Counsel: Life Sciences Industry Report 2004/05 (2004/05)

Harvey L. Kaplan, Developments in US product liability law and the issues relevant to foreign manufacturers, in PLC Global Counsel Dispute Resolution Handbook 2004/05 (2004/05)

Victor E. Schwartz & Cary Silverman, Pressure for Reform, Global Reinsurance, Nov. 2004, at 17 View

Laurel J. Harbour, The Escalating Cost of Litigation, Brit. Am. Bus., April 2004

Harvey L. Kaplan & Andrew Carpenter, Dynamics of a Global Class Action Settlement: The Sulzer Hip Implant Cases, 8:2 Conflict Mgmt. (ABA Section of Litigation, Chicago, Ill.), Spring 2004, at 1 View

Laurel J. Harbour, Fighting the Spread of American-Style Litigation, Litig. Mgmt., Winter 2004

International Product Liability Law: A Worldwide Desk Reference (Gregory L. Fowler ed., Aspatore Books 2004)

Gregory L. Fowler & Andrew Carpenter, United States, in International Product Liability Law: A Worldwide Desk Reference 868 (Gregory L. Fowler ed., Aspatore Books 2004)

Simon J. Castley, England and Wales, in International Product Liability Law: A Worldwide Desk Reference 185 (Gregory L. Fowler ed., Aspatore Books 2004)

Harvey L. Kaplan & Angela M. Seaton, Chapter 2: Avoiding/Minimizing the Risk of Punitive Damages, in The International Comparative Legal Guide to: Product Liability 2004, 7 (2nd ed. 2004) View

Harvey L. Kaplan & John F. Kuckelman, Chapter 30: USA, in The International Comparative Legal Guide to: Product Liability 2004, 190 (2nd ed. 2004) View

Harvey L. Kaplan & Jon A. Strongman, Chapter 2: Drug Advertising and the Learned Intermediary Doctrine, in The International Comparative Legal Guide to: Pharmaceutical Advertising 2004, 6 (1st ed. 2004) View

Harvey L. Kaplan & Jon A. Strongman, Chapter 32: USA, in The International Comparative Legal Guide to: Pharmaceutical Advertising 2004, 190 (1st ed. 2004) View

20 Halsbury’s Laws of England (Mark Tyler ed., 2004)

Laurel J. Harbour, Trial Lawyers Go Transatlantic, Litig. Mgmt., Summer 2003, at 10 View

Laurel J. Harbour, Vivian W. Addam and Oliver Debouzy, Representative Actions in Europe: Access to Justice?, 4:12 BNA, Inc. Class Action Litig. Rep. 473 (2003) View

Laurel J. Harbour, Protection of Personal Data: The United Kingdom Perspective, 70 Def. Couns. J. 99 (2003)

Harvey L. Kaplan & John F. Kuckelman, Chapter 27: USA, in The International Comparative Legal Guide to: Product Liability 2003, 178 (1st ed. 2003) View

Harvey L. Kaplan, Country Q&A United States, in PLC Global Counsel: Life Sciences Industry Report 2003 (2003) View

Howard Abbot & Mark Tyler, Safer by Design: A Guide to the Management and Law of Designing for Product Safety (Gower 2nd ed. 1997)

Christopher J.S. Hodges, Mark Tyler & Howard Abbott, Product Safety (Sweet & Maxwell 1995)