Ari D. MacKinnon

An international oil and gas company in the defense of a Spanish-language, Peruvian law-governed ICC arbitration relating to liabilities allegedly arising from the wrongful termination of an oil concession agreement.

Pluspetrol Peru Corporation S.A., Pluspetrol Block 56 S.A., Tecpetrol Block 56 S.A.C., and Sonatrach Peru Corporation S.A. in a complex ICC arbitration derived from an ICSID arbitration against the Peruvian State related to claims against a Peruvian buyer of gas, successfully obtaining a final award and securing payment of over $133 million arising from additional amounts owed on invoices due for hydrocarbons exports.

Six Peruvian companies in two ICC arbitrations, governed by New York law and consolidated into one arbitration proceeding, claiming additional payments for payments due for hydrocarbon exports.

A Peruvian oil and gas company in the successful prosecution of a Spanish-language, Peruvian law-governed IACAC arbitration relating to alleged breaches of an oil concession agreement, which included claims and arguments relating to contractual, regulatory, environmental, and pipeline management issues.

Latin American glass manufacturer in an ICC arbitration and related civil litigation concerning the interpretation of an exclusive sales agreement.

Latin American oil and gas company in an ICC arbitration related to alleged breaches of representations and warranties regarding environmental issues in an asset sale agreement.

A European retailer in a merger-related ICC arbitration seated in São Paulo, and governed by Brazilian law.

Casino operator in New York-law governed, JAMS-arbitration relating to calculation of percentage rent owed under lease agreement. 

Western Digital’s SanDisk subsidiary in the successful pursuit and settlement of three separate ICC arbitrations against Toshiba arising out of Toshiba’s efforts to sell its stake in the parties’ multibillion-dollar NAND flash memory joint ventures without SanDisk’s consent, and related injunction proceedings in California state court.

An international financial institution in parallel investigations being conducted by, among others, the UK Financial Conduct Authority, the U.S. Department of Justice, and the U.S. Commodity Futures Trading Commission, relating to the FX market; also counsel to the same institution in regulatory investigations in the U.S. related to the setting of the ISDAFIX.

FCPA and corporate governance advice to a Mexican construction company in connection with an investigation by the CNBV and potential investigation by the SEC.

Advice concerning the design and enhancement of anti-corruption policies and internal controls for a Latin American pulp and paper company and a petroleum company.

Advice concerning the enhancement of compliance policies and procedures for international financial institution in connection with regulatory investigations of alleged attempted manipulation.

Alpha Natural Resources, Massey Energy Company, and Performance Coal Company in reaching a comprehensive settlement with the U.S. Department of Justice resolving potential corporate, criminal, and civil liability related to the Upper Big Branch Mine tragedy, in which 29 miners died.

YPF, S.A. and certain of its former subsidiaries in an action brought by the Maxus Liquidating Trust in the U.S. Bankruptcy Court for the District of Delaware to recover damages relating to allegedly fraudulent transfers and alleged alter ego liability arising out of the alleged pollution of the Passaic River in New Jersey.

BNP Paribas in clawback actions brought by the Trustee of the Madoff Estate in the U.S. Bankruptcy Court for the Southern District of New York in connection with the Bernie Madoff Ponzi scheme.

Alpha Natural Resources and certain of its directors and officers in a successful motion to dismiss a federal securities law class action brought under Section 11 of the Securities Act.

American Express Co. in successfully securing dismissal of shareholder derivative litigation brought in New York State court.