Our expertise, like our clients' interests, transcends geographic boundaries. Out of our Philadelphia, Pennsylvania, Moscow, Russia, Kyiv, and Ukraine offices, we represent clients in Western Europe, the United States and the rest of the world. Many of the firm's attorneys and paralegals are multilingual and are able to conduct business in English, Russian and a number of other languages. We also maintain active relationships with law firms in Stockholm, London, Paris and other world financial centers. Our three offices are linked by constant interaction and the latest electronic infrastructure that allows us to promptly and efficiently apply the firm's wealth of experience and our global resources to our clients' most demanding issues.
At Marks & Sokolov, we have built strong expertise in a number of key areas of the law. And we invest the time and resources to stay abreast of the latest trends and global changes in these important areas. This is why we are able to offer clients a complete range of litigation, arbitration and dispute resolution.
At the end of the day, it’s all about results. The lawyers at Marks & Sokolov are dedicated to producing successful outcomes for all of our clients.
Our lawyers have represented ship owners, cargo owners and claimants in matters involving breach of charter party agreements, Jones Act claims, passenger injuries, diving accidents, cargo claims and vessel attachments. Marks & Sokolov lawyers have handled ship arrest matters in many countries, including Canada, England, France, Greece, Italy, Russia, Singapore, and the United States, recovering millions of dollars for claimants through direct claims and maritime arbitrations. Recent successful cases include:
- A settlement in excess of $675,000 for a tugboat captain who was injured from an unseaworthy condition of the vessel.
- Defense of ship owners from claims related to a longshoreman injured while unloading cargo.
Our firm has broad experience handling complex commercial international and domestic arbitration matters involving claims of hundreds of millions of dollars in damages in various jurisdictions including London, Moscow, New York, Philadelphia, Stockholm and Zurich. These cases have required lawyers fluent in various languages, including English and Russian, and have involved the preparation of witness statements, expert legal opinions, and expert damage reports.
Recently, the firm:
- Successfully represented an individual in the recovery of $2.2 million in damages for the defendants’ breach of an oral agreement to form and operate a joint venture in the financial industry. Marks & Sokolov obtained an arbitration award in favor the client and the opposing claims were dismissed with prejudice. Marks & Sokolov also recovered attorney fees and costs of litigation.
- Successfully represented a respondent in an ICC arbitration in Geneva involving a breach of contract claim for over $1 mln. brought by a Russian coal supplier against US broker/distributor. The tribunal of three arbitrators held that the claim was brought by an improper claimant and dismissed it.
Our firm advises clients on all aspects of their business activities from formation to dissolution of companies. The firm’s level of involvement is dictated by the client’s needs and may range from acting as outside general counsel to a company--- to advising an in-house counsel.
Typical functions we are prepared to handle include:
- Structuring of business relationships;
- Purchase and sale of a business including due diligence;
- Formation of companies in various jurisdictions;
- Obtaining tax-exempt status;
- Developing forms for procurement and sales;
- Drafting and negotiating all kinds of agreements;
- Advising on corporate governance, including shareholder/management relationships, meetings of the board and shareholders;
- Advising on personnel matters including employment and non-compete agreements;
- Negotiating premises and facilities leases and related agreements; and,
- Advising on intellectual property protection.
Our firm has extensive experience in the protection of intellectual property in the international setting, taking into account issues specific to Russia and CIS --including past and present privatization of intellectual property and protection of intellectual property investments. The firm provides due diligence and legal audit services to ascertain the ownership of intellectual property for technology transfer and development agreements and structures international cooperation and development efforts where intellectual property is an important component. Marks & Sokolov recently obtained a favorable settlement for its plaintiff client, a Russian translation company, in a lawsuit against the International Accounting Standards Committee Foundation relating to the licensing of translations in the U.K., Russia and Ukraine.
As a US – Russian law firm, Marks & Sokolov advises on all aspects of doing business in Russia. The quickly changing legal climate in Russia requires continued attention to new laws and regulations affecting multinational businesses. Our firm also assists US law firms which do not have a presence in Russia. This assistance includes issuing expert opinions on Russian law, representing clients in Russian courts, and conducting discovery and depositions in Russia. The firm has entered into a cooperation agreement with the Russian Attorneys Guild and can provide qualified legal representation throughout Russia.
Marks & Sokolov lawyers have successfully handled multi-million dollar construction claims involving project planning, management and execution, critical crane lift operations, project safety, welding, project scheduling, changes in scope and contract interpretation. Representative cases include:
- Successful representation of the Caribbean subsidiary of an international petroleum company in a multi-million dollar business interruption and property damage claim arising at a petrochemical project. Our field investigation revealed substantial performance deficiencies by the construction contractor in planning and execution, which created the conditions for a catastrophic crane accident. The contractual limitation-of-liability defenses were defeated and the matter was settled with our client receiving in excess of $20 million.
- Representation of a sub-contractor at a Florida ocean front condominium project. After a comprehensive investigation, differing site conditions were revealed, exonerating the sub-contractor from project delay claims and setting the ground work for a global settlement among all project participants.
Our significant employment law experience includes:
- Representation of two Fortune 500 corporations in large class-actions brought under the Americans With Disabilities Act;
- Advising the Reagan Administration, the Secretary of Transportation, and the Federal Railroad Administrator on the drafting, public hearing process, promulgation, final issuance, and defense in the Supreme Court of the first mandatory alcohol and drug testing regulation imposed by the Federal Government to the private civilian workforce (railroad operations employees);
- Advising major railroads on the implementation of the new federal alcohol and drug testing regulation;
- Advising a major airline on the establishment of a system-wide watchdog and compliance system on issues of employment anti-discrimination at the federal and state level; and,
- Defending major corporations, both as outside and senior in-house counsel, in employment lawsuits brought by individuals and federal and state government agencies.
Our lawyers have prepared coverage opinions for major insurance carriers on such diverse matters as errors and omission policies for securities brokers, casualty policies related to property damage claims and construction claims. In addition, our lawyers have extensive experience handling premises, product, professional, general liability and security matters. Our lawyers efficiently collect and thoroughly analyze facts and data in order to prepare a litigation strategy with the object of resolving the claims in the most cost-effective manner possible. Our lawyers have defended personal injury and wrongful death claims related to construction defects, vehicular traffic control defects, vehicle crashworthiness, industrial presses and automobile accidents.
Marks & Sokolov represents businesses in a broad variety of transactions involving Russia, Ukraine and the former Soviet Union, including international trade, investment, financing, technology transfer and licensing, and foreign agent representation. We regularly advise clients on applicable US and foreign laws and regulations and treaties, the development of efficient and business-inductive transaction structures, due diligence matters, contract drafting and negotiations, preparation and submission of applications to obtain necessary licenses and permits, and considerations for intellectual property protection.
Recent transactions include:
- Structuring a transaction and procuring a letter of interest from the U.S. Ex-Im Bank to finance $50 million worth of U.S. made mining equipment for export to Russia.
- Drafting and negotiating over $60 million worth of international sales and purchase agreements, drafting numerous counter-trade agreements, railroad transportation contracts, port contracts and charter party agreements for international trading in Russia, Turkey, Greece, Italy, Switzerland, UK, and South Africa.
- Preparing documents for the Defense Conversion Fund’s financing of a project in Ukraine involving conversion of a military plant to civilian use to manufacture electric transformers from locally produced copper wire.
- Commenting on a draft of Non-Commercial Risk Guarantee Facility for the Russian coal sector developed by the World Bank in Washington and Federal Center for Project Finance in Moscow.
- Drafting and negotiating the sale of shares of a Russian metal company for in excess of $60 million.
In addition to representing our clients in international litigation, arbitration and transactional matters, our lawyers have experience handling a variety of regulatory matters related to international trade. We have successfully represented clients in regulatory disputes over the applicability of the U.S. Generalized System of Preferences treatment and other trade and customs laws and regulations to the products that our clients imported to the U.S. or exported from the U.S. to other countries. We have provided effective counseling on the issues of U.S. and international trade, customs and tax laws and regulations.
Firm lawyers have extensive experience, representing both plaintiffs and defendants in legal, accounting, and medical malpractice matters. Whether examining the legal standard of care for attorneys and accountants, or determining the cause of a medical procedure gone awry, our lawyers have the skills and depth of experience to favorably resolve any professional liability issue. Recently, the firm obtained an injunction, on behalf of a client, to prevent its former attorney from representing an adverse party in a matter which was substantially related to a prior matter in which the former attorney had represented the client. Other representative cases include:
- Estate of Harvey Swedloff v. Katz (fraud and legal and accounting malpractice): Marks & Sokolov represented plaintiff, an estate of a real estate developer, 50% partner in a real estate company, in a dispute with his former partner over the disposition of the funds of the partnership following the sale of its real estate property. The dispute was based on interpretation of the partnership agreement as well as some accounting that was done by the defendant who was in control of the books. Plaintiff prevailed in all claims.
- Liberty Travel Inc. v. Friedman & Siegelbaum LLP (fraud and legal malpractice): The firm represents Liberty Travel who has professionally liability/legal malpractice claims against several law firms relating to a default judgment. The default judgment resulted in a class action judgment being entered against Liberty. We are working to recover damages resulting from the class action judgment and attorneys fees spent by Liberty defending the class action litigation. The case is currently pending in New Jersey Superior Court.
The firm has a substantial litigation practice in the United States and internationally and is particularly experienced in prosecuting civil claims under the U.S. Racketeer Influence Corrupt Organization Act ("RICO"), which provides for the recovery of treble damages and attorney fees. The firm has litigated some of the largest RICO cases in the United States based on fraud and other misconduct arising from commercial matters in Russia, including disputes in the aluminum, diamond, oil, and titanium sectors.
Recent representative cases include:
- Representation of a Russian industrial company against foreign investors for recovery of $150 million that was improperly diverted in a trade fraud scheme. The case was resolved with a favorable settlement for the plaintiff.
- Representation of foreign trading partners of a Russian aluminum factory in a $2.7 billion suit whose contracts were abrogated in sham bankruptcy proceedings.
- Representation of a foreign investor in a suit against Russia's largest oil company for $3.6 billion for wrongdoing related to the denial of rights to develop one of the world's richest diamond fields. While still at the procedural stages, the firm has had a substantial victory in the case already. A landmark decision of the Colorado Supreme Court reversed a lower court’s decision dismissing a claim against Russia’s largest oil company for lack of personal jurisdiction. The case is pending in Colorado state court.
- Representation of a Canadian oil company in a $1.5 billion suit in New York against U.S.-based entities engaged in a massive racketeering scheme to take over a substantial portion of the Russian oil industry.
- Representation of shareholders in a suit against new owners for claims in excess of $1 billion related to the illegal seizure of a Russian vanadium plant.
- Representation of a Russian translation company in a lawsuit against the International Accounting Standards Committee Foundation relating to the licensing of translations in the U.K., Russia and Ukraine. The lawsuit was resolved in a favorable settlement for the Russian translation company.
- Successful representation of shareholder of a Ukrainian ferro-alloy plant in a in a dispute over the management of the world’s largest ferro-alloy plant. The action was filed to vindicate the rights of good-faith investors who suffered damages exceeding hundreds of millions of dollars. The case was resolved with a favorable settlement for our client.
- Obtaining a preliminary injunction freezing over $6 million of the defendants’ assets under West Virginia law in a dispute involving metals plants in the United States and Poland.
- Representation of individuals in an action for breach of the covenant of good faith and fair dealing against Corestates Bank (n/k/a Wachovia Bank). The court held the bank liable for $1,150,000 plus over $680,000 in pre-judgment interest.
Our mass torts and products liability experience includes:
- Prosecution of individual and class action claims of medical monitoring costs, economic loss, and personal injury relating to defective products, including pharmaceuticals, automotive components and tires, asbestos-containing products, and tobacco products;
- Representing Fortune 500 companies in defense of claims by employees and the federal government of workplace-related disorders, such as Carpel Tunnel Syndrome and Chemical Sensitivity Syndrome; and,
- Mediation of the claims of national class members against manufacturers of breast implants.
The firm represents U.S. and foreign property owners and tenants in most areas related to commercial real estate including:
United States
- Advising sellers and buyers in commercial real estate transactions.
- Review and drafting of documents for mortgage companies and borrowers in real estate financing.
- Representing buyers and sellers in residential real estate transactions.
- Representing landlords and tenants in premises related disputes.
- Representing owners of an office building in mortgage negotiations.
- Structuring real estate investment, holding, and management companies.
- Obtaining zoning variances, licenses and permits for owners and developers.
- Negotiating purchase and development agreements with the Philadelphia Industrial Development Authority (PIDC).
Ukraine
- Acquisition of petroleum stations for Russian investors in the Kharkiv and Poltava regions.
- Multi-million dollar acquisition of residential and non-residential properties for Russian investors in Kyiv.
- $5 million acquisition of a residential building in the center of Kyiv.
- Multi-million dollar acquisition of commercial buildings for Icelandic investors in western Ukraine.
- Sale of business centers and shopping malls in Kyiv.
- $1.5 million acquisition of a non-residential building for American investors in Kyiv.
- Performance of due diligence on various proposed real estate transactions.
Russia
- $80 million Class A office space acquisition in Moscow.
- $50 million shopping mall acquisition in Naberezhnye Chelny.
- $40 million Moscow land acquisition.
- $30 million acquisition of two office buildings in Moscow.
- $30 million development of warehouses and an office center in Moscow.
- $17 million hotel acquisition in Moscow.
- Acquisition of a 5-star hotel in Novosibirsk.
- Land acquisition for warehouse development in St Petersburg.
- Land acquisition for a shopping mall development in Novosibirsk.
Other Moscow Office Real Estate Services
- Represented a foreign investor on a reconstruction project in the historical center of St. Petersburg.
- Prepared commercial real estate mortgages.
- Prepared and executed various commercial, office, and retail leases.
- Represented clients in the purchase of residential real estate.
White-collar criminal law is a specialty of the firm and includes:
- Representing corporations and their executives nationwide in federal grand jury investigations and criminal trial and appellate proceedings;
- Advising witnesses in federal grand jury investigations;
- Conducting internal investigations for possible criminal conduct by corporate executives and managers and subsidiaries;
- Advising corporations on compliance issues under federal criminal statutes such as the Foreign Corrupt Practices Act and the Economic Espionage Act.
