Led by shareholders Josh Robbins and Roger Scott, Buchalter obtained a complete win for its client, a California-based biotechnology company, in an international arbitration involving a joint venture in Mexican clinics conducting cutting-edge transcranial magnetic stimulation treatment for brain injury and mental disorders.
The dispute arose when the client’s Mexican joint venture partners failed to pay required licensing fees for use of the client’s technology, and engaged in certain other misconduct. When the client terminated the parties’ licensing agreement, the joint venture partners filed an international arbitration proceeding, seeking millions of dollars in damages. Complicating matters, the client’s founders—who had negotiated the agreement—left the client, went into business with the joint venture partners, and became adverse witnesses.
Following a week-long merits hearing, the arbitrator rejected the joint venture partners’ claims and granted the Buchalter client’s counterclaims in full, awarding to the client millions of dollars in unpaid licensing fees, plus interest, and ordering that the client be given 50% ownership and control over the Mexican clinics. Buchalter’s client will also be entitled to recover its attorney fees and costs.
In addition to Robbins and Scott, the client was represented by senior counsel Daniel Lis, attorney Manisha Malhotra, and paralegal Ashley Sasaki.
