Partner (Litigation, Arbitration, International)

Ted Semaya has over 29 years of experience in the resolution of business disputes, focusing on complex and international litigation in federal and state courts, international and domestic arbitration and mediation. He has broad experience representing and counseling clients based in and outside of the United States in business, commercial, corporate, securities, maritime, insurance, construction and trust disputes, among others. Mr. Semaya’s international practice is facilitated by his worldwide network of lawyers and other professionals with whom he works and exchanges information and ideas.

Mr. Semaya has particular experience conducting multi-party, multi-jurisdictional cases including such notable ones as the BCCI, Iraq embargo and oil-for-food cases, coordinating teams of lawyers in different countries. He also advises clients on legal risk management in international transactions and multinational group structure and operations, has conducted confidential internal corporate investigations, and counseled and defended clients in governmental investigations. The measure of success in many such engagements is the absence of the development of any formal case or investigation or any public exposure of the matter at all.

Mr. Semaya’s commercial cases have included contract, distribution, licensing and sales agreements, non-competition agreements, transaction financing, payment arrangements and real estate, among many others. Business and corporate cases have included claims arising from acquisitions and sales of businesses, and business torts such as unfair competition, fraud, securities fraud, interference with contract, breach of fiduciary duty, attorneys’ and accountants’ professional liability and insurance coverage.

Professional Activities

Chair of the International Litigation Committee of the Commercial and Federal Litigation Section of the New York State Bar Association (http://www.nysba.org) and a member of the Section’s Executive Committee.

Member, Panel of Neutrals of the Commercial Division of the Supreme Court of the State of New York, New York County. (http://www.nycourts.gov/courts/comdiv/pdfs/ADRNeutrals-M-S.pdf)

Chair, International Litigation and Arbitration Program in the International Legal Training program for foreign attorneys. (http://www.internationallegaltraining.org)

Mr. Semaya also organizes other continuing legal education programs on international and commercial litigation and arbitration for bar association and other groups, and is a frequent speaker before attorneys admitted in United States and many other country jurisdictions.

Mr. Semaya regularly represents the Commercial and Federal Litigation Section in meetings between foreign judicial delegations - who look to New York's Commercial Division as a model for the creation of commercial courts in their respective countries - and the Justices and officers of the Division.

Education

- George Washington University - National Law Center Washington, D.C. (J.D., with honors, 1980)

- Member (published), The George Washington Law Review 1978-1980

- University of Rochester - Rochester, New York (B.A., cum laude, 1977)

Admissions

- State of New York

- District of Columbia

- United States Court of Appeals for the Second Circuit

- United States Court of Federal Claims

- United States District Court for the Southern District of New York

- United States District Court for the Eastern District of New York

- United States District Court for the Northern District of New York

Honors

- Selected for inclusion in New York SuperLawyers (http://www.superlawyers.com) for 2006, 2007, 2008 and 2009 – every year that selections have been made.

Selected Cases

• Represented Middle Eastern bank in multiple federal and state court proceedings in the United States and coordination of representation in other countries in Europe, the Caribbean and the Middle East, resulting in recovery of substantial funds seized in international enforcement action.

• Successfully defended European software publisher against claims of breach of agreement, unfair competition, trademark infringement and breach of covenant not to compete.

• Effected significant recovery in action for wrongful termination on behalf of Latin American distributor of commercial graphic arts film, plate and chemical products against large U.S.-based multinational suppliers.

• Successfully represented European high fashion and middle market clothing designer and manufacturer in claim against multinational distributor including claims of violation of distribution agreement, unfair competition, trademark infringement and fraud.

• Obtained dismissal on merits of 10b-5/RICO class action against major national accounting firm regarding an initial public offering.

• Successfully defended U.S. truck manufacturer against claims by Middle Eastern customer and international broker and distributor for alleged failure to deliver vehicles conforming to product specifications.

• Obtained temporary restraining order and preliminary injunction on behalf of distributor barring termination pending arbitration. Successfully defended distributor in arbitration.

• Successfully defended large multinational seller of hospital and medical supplies in litigation and mediation against claims of wrongful termination by Middle Eastern distributor.

• Obtained dismissal on merits of action against accounting firm in U.S. Virgin Islands alleging failure to detect looting of foundation assets.

• Represented Middle Eastern bank in U.S. Department of Justice investigation resulting in “no action” decision which allowed client to continue essential dollar clearing operations in the United States.

• Conducted confidential investigation for U.S. subsidiary of large Asian multinational technology company regarding concealed malpractice by major U.S. law firm.

• Provided analyses for, authored and collaborated on opinions on U.S. law to English counsel for use, successfully, in Courts of England and Wales on issues such as rights and liabilities for misdirected international wire transfers and ripeness of claims for malicious prosecution, abuse of process and wrongful attachment.• Successfully unwound large industrial real estate transaction for buyer/developer through litigation and multi-party negotiations.

• Prevented any subpoenaed discovery directed against large multinational in multi-party sovereign debt actions in New York, Texas, Delaware, France, England and Switzerland.

• Successfully represented co-owner of precious gem business in mediation with other co-owner against claims of violation of fiduciary obligations, alleged non-competition agreement, misappropriation of trade secrets and related claims.

• Successfully represented European sculptor in action to recover against New York art gallery for fraud.

• Successfully defended multiple claims against large regional distributor for alleged violations of covenants not to compete.