Transatlantic litigation

Penningtons Manches Cooper’s transatlantic litigation practice has a particular specialism in handling and successfully resolving transatlantic disputes. Our team coordinates strategy across multiple jurisdictions, advising on the underlying proceedings as well as handling enforcement of judgments and arbitral awards. Renowned for their deep sector experience, knowledge of the US courts, and established relationships with US and Canadian law firms, our specialists act as trusted advisors across the many challenges of transatlantic dispute resolution.

Expert guidance on transatlantic disputes

Managing multi-jurisdictional litigation: we are regularly instructed on matters requiring strategic advice across a range of issues and jurisdictions, including managing litigation in the English courts as well as acting as corporate counsel in the US State Appeal and Supreme Courts and the US Federal and Federal Appeal Courts. Our lawyers work closely with trusted local counsel while maintaining an overview of strategic global objectives. Clients receive practical guidance on risk, cost and settlement implications and options. Our team also frequently advises on – and, where necessary, obtains – interim relief to preserve assets and evidence.

Reciprocal enforcement and recognition: we assist with the recognition and enforcement of US judgments in England and – where appropriate – with challenges to enforcement. Our lawyers’ in-depth knowledge of asset tracing and investigatory options ensures clients can identify the most effective route to recovery. Working with US counsel, we help structure US litigation and damages awards to maximise their enforceability in the UK. We also advise on settlement structures and security arrangements to enhance recovery prospects.

Excellent … a strong commercial sense in seeking to achieve the clients’ litigation objectives; and also a very good understanding of US litigation.

Serving foreign proceedings and obtaining evidence: serving US proceedings in the UK – and vice versa – can pose significant challenges in transatlantic litigation. We have extensive experience of the legal framework, understand the procedural and practical pitfalls to avoid, and have an excellent track record in effecting service efficiently and defensibly. Our lawyers also regularly obtain evidence for use abroad, advising on disclosure strategies, third-party material and applications for letters of request.

How we help our clients

Managing cross-border disputes

Investigations, asset-tracing and enforcement

Multi-jurisdictional evidence and disclosure

Sector-specific litigation

Service of legal process

Procedural and privilege guidance

Great litigators, who are strategically astute, technically strong and commercial.

The team at Penningtons are very commercial and forward-thinking. They are very proficient at managing large litigation and are on top of all the details of the case.

Pennington Manches Cooper is a top-level firm which offers City type services. It is particularly strong for commercial disputes with a civil fraud angle.

Reliable, accessible, timely and reasonably priced legal support. They are always available when needed.

A high degree of relevant expertise in the area combined with a user-friendly approach. Completely dedicated to their clients’ best interests.

Recent work highlights

International cross-border enforcement

Acting for 43 claimants – survivors and families of victims of the fatal air crash involving Chapecoense FC – in successfully lifting a High Court anti-suit injunction obtained by a Lloyds insurer syndicate in relation to a Florida judgment valued at US$844 million.

Major US/UK distributorship dispute

Acting as corporate counsel in managing a team of US lawyers on a substantive transatlantic distributorship dispute, involving applications in the US State, Appeal and Supreme Court and in the US Federal and Federal Appeal Court.

Transatlantic enforcement of judgments

Providing guidance for US entities on the recognition and enforcement of numerous US claims and judgments in England and Wales, and reciprocally on the enforcement of UK claims in the US.

Foreign evidence and document requests

Advising on the application and supervision of foreign court document requests, including managing the procedural aspects of obtaining material and overseeing the conduct of US depositions as required.

Transatlantic sports sector SPA dispute

Advising a US purchaser of a renowned English Football League club on a claim against the seller for fraudulent breach of warranty and developing a strategy to maximise recovery on behalf of our client.