Mr. Schimmel has served as counsel or as arbitrator in international arbitrations arising from patent license agreements, joint development agreements, mergers and acquisitions, shareholders' agreements, joint venture agreements, construction and infrastructure projects, licensing agreements, and employment agreements of key executives. He also represents clients, including major French companies and individuals, in commercial litigation in the United States.
Mr. Schimmel served as first law clerk to the Honorable Jed S. Rakoff, U.S. District Court, Southern District of New York, in 1996. He also was a law clerk at the Tribunal de Grande Instance de Bobigny, France, in 1992-1993.
Representative Experience
Arbitrations
Appointed as arbitrator by the International Chamber of Commerce (ICC) in a dispute involving parties from the Netherlands and United Kingdom arising from a franchise agreement.
Represented major French industrial company in international arbitration in Hong Kong governed by Hong Kong law and the ICC Rules arising from a patent license agreement.
Represented Brazilian clients against their Japanese joint venture partner in an international arbitration in New York arising from the exercise of a right of first refusal.
Represented the owner of a construction site against the contractor in an international arbitration in New York arising from the construction of an oil facility in Venezuela.
Represented a U.S. joint venture partner against its Mexican joint venture partner in an international arbitration in Mexico arising from a joint venture contract.
Represented a corporation incorporated in the People's Republic of China against a company incorporated in the United Kingdom in an international arbitration in New York arising from a license agreement to manufacture and sell automobiles in China.
Advised a Canadian corporation in a dispute with the Brazilian buyer of a business regarding adjustments to the purchase price.
Advised a mining corporation incorporated in the United Kingdom in a dispute with its U.S. joint venture partner regarding the exercise of the right of first refusal.
Represented a corporation against its former CEO in a domestic arbitration arising from a dispute over severance terms and non-compete obligations. Obtained the first decision in the U.S. District Court for the Southern District of New York directing a third party to produce documents in aid of arbitration under the Federal Arbitration Act.
Represented several corporations in domestic arbitrations arising from merger and acquisition transactions and lease agreements.
Litigation
Obtained dismissal of an action filed in Chicago federal district court against major French company alleging RICO, fraud, and other claims arising from the activities of a start-up company in Europe.
Represents major French bank in action pending in Los Angeles federal district court alleging securities fraud claims, conspiracy, and other claims arising from the acquisition of a French company by a California purchaser.
Represents French and Luxembourg banks in Madoff-related lawsuit in New York.
Represented one of the largest Canadian corporations and certain of its directors and officers in connection with several lawsuits pending in federal courts arising from the build-out of an international telecommunications network.
Represented corporate clients in various breach of contract, fraud and tortious interference actions pending in New York State Supreme Court and the U.S. District Court for the Southern District of New York.
Represented a museum in connection with a dispute arising from the purchase of a painting from a seller in Paris.
Represented a museum in connection with the auction houses antitrust litigation.
Represented collectors and art dealers in connection with various art law disputes.
Representing a French client in proceedings pending in federal courts seeking discovery in the United States in connection with an action pending in Paris.
Internal Investigations
Represented a joint venture in an internal investigation of possible violations of statutes prohibiting bribery and money laundering. The investigation was conducted in 30 jurisdictions, including the United States, Europe, Africa and Asia.
Represented a French company in connection with simultaneous administrative and criminal proceedings in France and the United States involving possible violations of legislation prohibiting bribery and money laundering.
Advised a committee of independent directors of a U.S. corporation regarding potential Foreign Corrupt Practices Act (FCPA) violations.
Memberships & Associations
International Chamber of Commerce (ICC), Commission on ArbitrationAssociation of the Bar of the City of New York, International Commercial Disputes Committee
Association of Alumni of French "Grandes Écoles" in the United States, Executive Group
Professional Activities
Federal Judicial Center, Advisory Committee on International Arbitration and International Discovery GuidesICC, Task Force on Production of Electronic Documents in Arbitration
Philip C. Jessup International Law Moot Court Competition, keynote speaker at the opening of the International Rounds in Washington, D.C., an event attended by competitors from 90 countries and more than 100 schools, 2003 and 2005.
Community Activities
Lawyers Without Borders, United Nations representativeHonors & Awards
Received the Thurgood Marshall Award from The Association of the Bar of the City of New York for the pro bono representation of a client on death row.Pro Bono
Helped organize and participated in pro bono programs, including trial advocacy training programs, in Sierra Leone and Liberia.Represented a death row inmate in Florida.
Assisting the prosecution division of the International Criminal Court.
