Mr. Pell is a partner at White & Case in New York. His areas of practice include complex commercial litigation, securities litigation, litigation involving foreign sovereigns and their state-owned entities, litigation involving issues of public international law, and bankruptcy litigation. Mr. Pell also has extensive experience representing financial institutions and corporations in connection with investigations by the SEC, the DOJ, and state banking regulators, and the litigation that may arise from such investigations. Mr. Pell has conducted internal investigations with regard to the FCPA, fraud, lender liability, and historical reparation issues. Mr. Pell represented Deutsche Bank and UBS in class action, securities and bankruptcy litigation relating to the collapse of Enron. He also has represented corporations and sovereigns with regard to transnational claims, including successfully representing TNK-BP, the third largest oil company in Russia, in a RICO action. That case recently was dismissed by the Second Circuit in the first decision to apply the Supreme Court’s decision in Morrison v. Nat’l Australia Bank to limit the extraterritorial reach of the US RICO statute. Mr. Pell has handled important cases in the area of corporate social responsibility, including by representing Citigroup in class actions relating to the bank’s activities in South Africa during the former apartheid regime, and J.P. Morgan Chase in class actions relating to a predecessor bank’s alleged connections to African slavery in the United States. Mr. Pell also represented The Chase Manhattan Bank and Crédit Commercial de France in class actions arising from the activities of the banks in France during World War II, and participated in the successful negotiations between the United States and France to resolve those cases. More recently, Mr. Pell successfully represented Poland and the Caisse des Dépôts et Consignations in World War II-related cases, and is now representing the Hungarian National Railway in similar litigation. Mr. Pell also recently completed a case for the Republic of Peru that resulted in an agreement by Yale University to return to Peru artifacts from Machu Picchu. Mr. Pell has extensive bankruptcy experience, having represented equity investors, lenders, bondholders, and a major credit rating agency in complex bankruptcy proceedings. Mr. Pell has litigated issues relating to equitable subordination, lease rejection, fraudulent conveyance, preference and substantive consolidation, and in several of these matters, also led internal corporate investigations regarding potential claims. Mr. Pell also has represented bankruptcy examiners appointed by the courts. Mr. Pell was invited to lecture at the SEC on "The Exploding Fiduciary: Can Integrated Financial Institutions Really Manage Fiduciary Risk?" The presentation explored the expansion of financial institution exposure to liability based on the complex array of competing roles and duties inherent in their businesses, and the shift in the identity of investors in today’s public markets. Mr. Pell formulated a proposal for creating a title-clearing and dispute resolution entity to address claims relating to works of art looted from individuals during the Holocaust. The proposal received attention because it does not rely on the negotiation of a treaty for implementation, which would allow speedier formulation and establishment of the proposed entity. Hearings with regard to Mr. Pell’s proposal were held in the European Parliament, and in 2003 the European Parliament adopted 487-10 a resolution supporting further study of Mr. Pell’s proposal by the European Commission. More recently, Mr. Pell was invited to be the only private lawyer on the US delegation to the June 2009 Prague Conference on Holocaust Era Assets, which culminated in the signing of the Terezin Declaration by 46 nations. Mr. Pell has published on the subject of Holocaust-looted art, including in the DePaul Journal of Art and Entertainment Law and the papers of the Permanent Court of International Arbitration. Mr. Pell also was invited to present a public lecture to the New York State Court of Appeals relating to Holocaust-looted art claims.
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In a decision that may reverberate beyond the antitrust context, New York’s highest court - the Court of Appeals - held that the state’s antitrust statute lacks the extraterritorial scope to reach a purely foreign alleged antitrust conspiracy. The decision could have broad implications for (...)
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