Michael Sullivan’s practice includes litigation and arbitration of disputes relating to banking, trade finance, securities and insurance. He has served as lead counsel in cases throughout the United States and in arbitrations seated in the United States and the United Kingdom, including those administered by various entities, including: AAA, ICDR, LCIA, ICC and SCMA. In addition, he regularly advises banks, funds and companies on matters concerning trade and commodities finance and related insurance.

Representative Client Work

Litigation Assignments

  • Orvato Healthcare LLC v. OCI Limited, 4:22-cv-01703 (S.D. Tx). Successfully challenged personal jurisdiction in action for alleged breach of contract.
  • Orlando v. Nxt-ID Inc., 2022 U.S. Dist. LEXIS 60682, 2022 WL 976875 (S.D.N.Y. March 31, 2022). Obtained summary judgment against claim alleging breach of “earnout” agreement.
  • Mooney v. Diversified Bus. Communs. 2020 Mass. Super. LEXIS 26, 2020 WL 1220766 (February 4, 2020). Obtained judgment following bench trial on behalf of defendants in valuation/buy-out dispute (co-counsel).
  • Centauro Liquid Opportunities Master Fund, L.P. v. Bazzoni, 2019 U.S. Dist. LEXIS 160052, 2019 WL 4464242 (S.D.N.Y. September 18, 2019). Obtained dismissal of action demanding $21 million for alleged breach of contract and fraud predicated on alleged alter ego relationship (applying English and Maltese law).
  • Confidential ICC Arbitration. Obtained award on behalf of Israeli business seller against Chinese purchaser respecting put option.
  • ICICI Bank UK plc v. Cargill Inc., 1:15-cv-5379-VEC (S.D.N.Y.). Successful representation of purchaser of $9 million of accounts receivables acquired through receivables trading platform. Dispute settled after court upheld purchaser’s claims alleging fraud and breaches of contract.
  • Karoon v. Credit Suisse Group AG, 2016 U.S. Dist. LEXIS 24480, 2016 WL 8152781 (S.D.N.Y. February 29, 2016). Obtained dismissal of action asserting damages of $70 to $100 million for alleged breaches of contract and fiduciary duty, negligence, and fraud.
  • Cronin v. Credit Suisse AG, 2:14-cv-06346-WB (E.D.Pa.). Obtained dismissal of action seeking $40 million for alleged breach of contract and negligence.
  • Novel Commodities S.A. v. QBE Insurance Corp., 11 Civ. 6339 (PGG) (S.D.N.Y.). Obtained jury verdict and $11.6 million judgment for insured on trade credit insurance policy.
  • Vaynshelboym v. Credit Suisse AG, 12 Civ. 8227 (RJS) (S.D.N.Y.). Obtained dismissal of action demanding $40 million for alleged breach of contract and breach of fiduciary duty.
  • Alki Partners, LP v. Vatas Holding GmbH, 769 F.Supp.2d 478 (S.D.N.Y. 2011), aff’d, 472 Fed.Appx. 7 (2d Cir. 2012). Obtained dismissal of securities fraud action.
  • Confidential arbitrations (LCIA / ICC). Representation of insureds in disputes relating to trade credit insurance.
  • Guirlando v. T.C. Ziraat Bankasi A.S., 602 F.3d 69 (2d Cir. 2010). Obtained dismissal of action based on Foreign Sovereign Immunities Act.
  • Fortis Bank (Nederland) N.V. v. Abu Dhabi Islamic Bank, 32 Misc.3d 1232, 936 N.Y.S.3d 58 (NY Sup. Ct., 2010). Obtained $44 million summary judgment for negotiating bank in dispute concerning "synthetic letter of credit."
  • Successful, pre-indictment defense of foreign financial services firm in connection with criminal antitrust investigation.
  • Schuss v. Penfield Partners, LP, C.A. No. 3132, 2008, Del. Ch. LEXIS 73, 2008 WL 2433842 (Del. Ch., June 13, 2008). Defeated motion to dismiss in hedge fund valuation case.
  • Confidential arbitration (LCIA). Obtained full recovery, $9 million, on behalf of major international bank shortly after submission of opening pleadings in trade credit insurance coverage dispute.
  • Confidential arbitrations (AAA / ICDR). Obtained full recover, in excess of $30 million, for major international bank in trade credit insurance coverage disputes arising from Parmalat collapse.

Transactional Assignments

  • Advised international agricultural commodities firm on “synthetic” letters of credit.
  • Advised international bank in negotiations for issuance of trade credit and non-payment insurance.
  • Advised international steel trader on various transactions.
  • Advised fund in negotiations for issuance of trade credit insurance.
  • Advised international bank on structured letters of credit.

Bar & Court Admissions

  • New York
  • England and Wales (Registered foreign lawyer)
  • U.S. District Court, District of Connecticut
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Northern District of New York
  • U.S. District Court, Southern District of New York
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Third Circuit
  • Supreme Court of the United States

Education

  • J.D., Fordham University School of Law
  • B.A., Providence College

Community Engagement

  • Legal Advisor, International Trade and Forfaiting Association (Americas), since 1995
  • Contributing author, A Guide to Forfaiting (Euromoney Books 1998)

Seminars & Presentations

  • Panelist, The Association of Trade & Forfaiting of the Americas' Annual Conference (Bermuda, 2017)
  • Panelist, The Association of Trade & Forfaiting of the Americas' Annual Conference (Miami, 2016)
  • Speaker, "Learning to Love Conflict," Trade Finance Breakfast Seminar (London, 2015)
  • Panelist, The Association of Trade & Forfaiting of the Americas' Annual Conference (Miami, 2015)
  • Panelist, ACC Annual Meeting (October, 2014)
  • Panelist, Turkish-American Law Conference (New York, 2014)
  • Speaker, International Forfaiting Association’s Annual General Meeting (Malta, 2013)
  • Participant, "Roundtable," Global Trade Review (May / June 2011)
  • Panelist, The Association of Trade and Forfaiting in the Americas' Spring Seminar re: Trade Credit Insurance (New York, 2011)
  • Panelist, The Association of Trade and Forfaiting in the Americas' Annual Conference (Miami, 2007)
  • Panelist, International Forfaiting Association's Annual General Meeting (Athens, 2005)
  • Panelist, International Forfaiting Association's Annual General Meeting (Lisbon, 2004)
  • Panelist, The Association of Forfaiters in the Americas' Annual Conference (Miami, 2004)
  • Panelist, Annual Conference – The Association of Forfaiters in the Americas' Annual Conference (Miami, 2003)

Practices

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