Lauri W.Sawyer

Partner

(T) 1.212.326.3898

Lauri Sawyer is a trial lawyer with experience litigating complex disputes in federal and state courts, as well as in domestic and international arbitral forums. She has litigated cases involving financial products, derivatives, collateralized debt obligations, securities, shareholders claims, insurance coverage, project finance, executive compensation, and advertising claims. Lauri also advises and assists clients in resolving disputes prior to trial through negotiation and mediation. Recently, she was derivatives counsel to Lehman Brothers Holdings and its affiliated debtors and tried the first derivatives cases in the Lehman bankruptcy.

Lauri regularly litigates in the international arena, particularly in disputes arising from financial products and foreign investments. She has participated in foreign court proceedings and appeals, as well as worldwide discovery and enforcement efforts. Lauri's international arbitration experience includes arbitrations pursuant to the AAA, ICC, and UNCITRAL rules. She is experienced in the enforcement of arbitration awards and collateral proceedings designed to protect arbitration clauses. Prior to joining Jones Day, Lauri prosecuted several significant bilateral investment treaty disputes on behalf of foreign investors.

Lauri is also well-versed in disputes arising under the Lanham Act, including claims of false advertising. She has successfully prosecuted and defended actions in federal court and before the National Advertising Division (NAD). Moreover, Lauri regularly advises clients on marketing strategies, product launches, and compliance issues.

Lauri is strongly committed to pro bono service, especially for clients with family law and immigration issues. She regularly lectures and teaches on e-discovery issues. She also serves on several advisory and nonprofit boards, including the Hudson Valley Shakespeare Festival.

Experience

Jones Day attorneys successfully represent U.S. Air Force servicemember wrongfully named in child support suit
D.W., a Senior Airman in the U.S. Air Force, received a summons from the New York Department of Social Services ("DSS") to appear at a child support hearing in New York County (Manhattan) Family Court.

Banorte obtains dismissal of claims it tortiously interfered with financial services consulting agreement
Jones Day successfully defended Banorte, a major Mexican bank, and its affiliates and certain of their directors and officers who were sued in New York Supreme Court on the allegation that they had tortiously interfered with plaintiffs' financial services consulting agreement with co-defendant Metrofinanciera in connection with the termination of a foreign exchange swap agreement between Metrofinanciera and a Banorte affiliate.

Mahindra Satyam resolves global investor claims
Jones Day resolved world-wide claims brought against Mahindra Satyam by former investors in connection with the alleged admission of Satyam's former Chairman that he deliberately misstated the Company's accounts for several years.

Global financial institution responds to FINRA arbitration
Jones Day represented a global financial institution in a FINRA arbitration concerning sale of TRUPs, CDOs, and CLOs to community bank.

Emergency order of protection
On March 1, 2013, Michael Dailey, Amy Palumbo, and Colleen Noonan obtained a permanent order of protection for Ms. X to protect her against violence from her live-in boyfriend.

SiriusXM Radio obtains summary judgment in shareholders derivative lawsuit filed against their directors
Jones Day obtained summary judgment in a shareholders derivative lawsuit filed against the directors of Sirius XM Radio Inc.

Deckers stops sale of counterfeit UGG® boots in New York
On behalf of Deckers Outdoor Corporation, Jones Day successfully obtained temporary, preliminary and permanent injunctive relief against New York retailer Dr. Jay's involving the sale of counterfeit UGG® boots.

NACCO resolves claims against Harbinger hedge funds
In 2006, Applica Incorporated terminated its merger agreement with Jones Day client NACCO Industries, Inc. in favor of a competing offer from the Harbinger hedge funds.

Father ordered to return sons to mother in UK
Following a four-day bench trial in the Eastern District of New York earlier in 2010, Jones Day New York attorneys Lauri Sawyer, Jonathan Muenkel, Caryn Wolfe, Matt Chow and Eric Jacobi successfully reunited a mother in England with her two children who had been wrongfully detained in New York.

Jones Day participates in inMotion's Story by Story - Climbing to End Domestic Violence stairclimbing fundraiser
To support inMotion, a nonprofit organization that offers hope to low-income women who need free legal services in matrimonial, family and immigration law, Jones Day recruited a team of 17 climbers to participate in a unique stair climb event called "Story by Story - Climbing to End Domestic Violence."

Domestic violence matters require the assistance of inMotion and lawyer volunteers
Jones Day New York has partnered with inMotion, a pro bono organization handling domestic violence cases.

Satyam Computer Services defends securities fraud class action
Jones Day is representing Satyam Computer Services Ltd. (n/k/a Mahindra Satyam) in a securities class action filed in the Southern District of New York.

Procter & Gamble pursues Lanham Act suit involving false advertising claims about the efficacy of ultrasonic toothbrush
Jones Day represented The Procter & Gamble Company in a Lanham Act suit to enjoin a competitor from making false advertising claims about the efficacy of the Ultreo, an ultrasonic toothbrush.

Bombardier resolves unfair competition and trademark infringement dispute over advertising for corporate jet cards
Jones Day prosecuted and settled a declaratory judgment action on behalf of plaintiff Bombardier Aerospace Corporation for claims of unfair competition and trademark infringement arising from advertisements for corporate jet cards.

Procter & Gamble challenges L'Oréal in NAD proceeding regarding packaging claims on hair coloring products
On behalf of The Procter & Gamble Company, Jones Day commenced a challenge against L'Oréal before the National Advertising Council of Better Business Bureaus in connection with packaging claims on hair coloring products.

Procter & Gamble pursues Lanham Act suit challenging comparative advertising claims of Huggies disposable diapers vs. Pampers
Jones Day represented The Procter & Gamble Company in a Lanham Act suit challenging the substantiation of a competitor's advertising claims that Huggies diapers were superior to Pampers diapers.

Procter & Gamble considers advertising and packaging issues for new product launch
Jones Day provided advice to The Procter & Gamble Company on advertising and packaging issues for a new product launch.

The following represents experience prior to joining Jones Day.

Bechtel Corporation
Capital India Power Mauritius I v. The State of Maharashtra, No. 12913/MS (ICC International Court of Arbitration 2004)
Recovered over $100 million for a subsidiary of Bechtel Corporation for claims arising out of the failed Dabhol Power Project in India. Confirmed the award and commenced enforcement proceedings.

Capital India Power Mauritius I v. Maharashtra Power Dev. Corp. Ltd., 03 Civ. 7394 (LAK) (S.D.N.Y.)
Obtained an order compelling respondents to participate in the arbitration, as well as a temporary restraining order, preliminary injunction and permanent injunction directing respondents not to interfere with the arbitration on behalf of a Bechtel subsidiary. Obtained an order of contempt for respondents’ failure to participate in the arbitration.

Capital India Power Mauritius I v. The Government of the Republic of India (UNCITRAL Arbitration Rules and An Agreement between the Government of the Republic of Mauritius and the Government of the Republic of India for the promotion and protection of investments signed on 2 September 1998). Represented subsidiaries of General Electric and Bechtel in connection with violations of international law related to the expropriation of the Dabhol Power Project. Was involved with the action from the commencement of the arbitration through the favorable settlement that was finalized days before the hearing.

General Electric Capital Corporation
Bechtel Enters. Int’l (Bermuda) v. Overseas Private Invest. Corp., 50 T 195 00509 02 (American Arbitration Association 2003)
Recovered under a political risk insurance policy issued by the Overseas Private Investment Corporation for the alleged expropriation of investments in the Dabhol Power Project in India following a five-day arbitration hearing.

Capital India Power Mauritius I v. The Government of the Republic of India (UNCITRAL Arbitration Rules and An Agreement between the Government of the Republic of Mauritius and the Government of the Republic of India for the promotion and protection of investments signed on 2 September 1998). Represented subsidiaries of General Electric and Bechtel in connection with violations of international law related to the expropriation of the Dabhol Power Project. Was involved with the action from the commencement of the arbitration through the favorable settlement that was finalized days before the hearing.

JP Morgan Chase Bank
The Chase Manhattan Bank v. Motorola, 00 Civ. 4838 (ACH) (S.D.N.Y.)
Obtained a $365 million judgment following a 10-day bench trial arising from claims related to the failure of Iridium, a joint venture to provide world-wide satellite phone service.

The Chase Manhattan Bank v. Iridium Africa Corp., 00-564-JJF (D. Del.); The Chase Manhattan Bank v. Iridium Italia S.p.A., No. 02-1368 (D. Del.); The Chase Manhattan Bank v. BCE Mobile Comms. Inc., No. 02-1369 (D. Del.)
Obtained an entry of summary judgment in a $250 million breach of contract claim against a number of foreign and domestic defendants.

JPMorgan Chase Bank v. Pacific Electric Wire & Cable Co., 4:04MC34 (E.D. Tex)
Argued for and obtained an order directing an affiliate of a Taiwanese corporation to turn over all assets found in the jurisdiction in order to satisfy a $10 million default judgment.

Pollux Holding Ltd. v. The Chase Manhattan Bank, 99CV11855 (S.D.N.Y.); Springwell Navigation Corp. v. The Chase Manhattan Bank, 99CV11855 (S.D.N.Y.); Pollux Holding, Ltd. v. The Chase Manhattan Bank, No. 01-7488 (2d Cir.); Springwell Navigation Corp. v. The Chase Manhattan Bank, No. 01-7492 (2d Cir.)
Obtained a dismissal of claims seeking over $1.2 billion in damages and successfully defended the dismissal of the action on appeal.

The Toronto Dominion Bank and TD Ameritrade
Gebbia v. The Toronto Dominion Bank, Index No. 00/604862 (NY County); Reich v. The Toronto Dominion Bank, 2001-00900 (NYSE Arbitration)
Represented the Toronto Dominion Bank and TD Waterhouse (now TD Ameritrade) in connection with employment disputes arising from the acquisition of a discount brokerage. The cases settled following mediations.

Wyeth
Wyeth v. McNeil-PPC, Inc., 03 Civ. 10149 (DAB) (S.D.N.Y.)
Sought an injunction on behalf of Wyeth for Tylenol’s advertising claim that it "starts to work" in 10 minutes.

Advised Wyeth on multiple challenges before National Advertising Council of Better Business Bureaus.
Challenged a demonstration for Tylenol Rapid Release Gels and the claim that RRGs "release powerful medicine even faster than before" was inaccurate. NAD found that McNeil had not substantiated the claim as to all pain relievers and needed to specify which pain relievers it claimed to be faster than.

Challenged Aleve's claim that it gives "prescription strength relief without a prescription." NAD found that Bayer failed to substantiate this claim.

Challenged McNeil's claim that "Tylenol Arthritis Pain is as effective as ibuprofen at fighting arthritis pain." NAD found that McNeil had substantiated this claim.

Challenged McNeil's claim that Tylenol Arthritis Pain has fewer drug interactions than Advil. NAD found that McNeil failed to substantiate this claim.

Challenged McNeil's claim regarding Doctor's Recommendations for Tylenol. NAD found that McNeil failed to substantiate this claim.

Pro Bono Representations
Obtained permission for a battered woman dying of cancer to take her son to her native New Zealand, despite the fact that she had previously been charged with kidnapping the child. Received inMotion's Commitment to Justice Award in 2001 for outstanding service for the work done on this case.

Obtained a writ of habeas corpus to recover a child after the client’s ex-husband kidnapped the child in an effort to have the client withdraw her requests for child support. Was able to permit the client to recover her son within 12 hours of notification.

Obtained a sizeable spousal support award for a woman who fled from the marital home after being held hostage at gunpoint.

Obtained a green card for a Pakistani woman who married an abusive man as part of an arranged marriage, pursuant to the Violence Against Women Act.

Obtained numerous orders of protection for battered women, many of whom do not speak English, as well as favorable child support and visitation awards.

Represented a small business owner in lower Manhattan who had his business destroyed on 9/11, in connection with his tax-related issues.

Obtained a dismissal of a wrongful death action brought against the City of New York.

Successfully resisted an attempt to have an elderly disabled woman evicted for allegedly subletting her apartment.

Represented non-party Medecins Sans Frontieres (Doctors Without Borders) in a case brought under the Federal Tort Claims Act for alleged genocide that took place in the Sudan. Successfully resisted a Request for International Judicial Assistance filed with the Netherlands court, requesting the deposition of a former employee and documents.

Additional Publications

  • Winter 1996Allied-Bruce Terminix Companies v. Dobson: The Implementation of the Purposes of the Federal Arbitration Act or an Unjustified Intrusion into State Sovereignty?, 47 Mercer L. Rev. 645

Speaking Engagements

  • February 2, 2007International Investment and Transnational Litigation: Challenges of Expanding Investor-State Disputes, panelist, University of Pennsylvania Journal of International Economic Law Symposium
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