Businesses of all types and sizes throughout the United States, Mexico and beyond bring their disputes to Gardere's litigation team and receive practical, responsive, boutique-style attention in return. Our clients have access to the firepower and value of a well-known and highly-regarded Firm's capabilities and interdisciplinary strengths.
Gardere has a national and international energy practice formed around our Energy Industry Team, which is a multidisciplinary group of approximately 60 attorneys with diverse backgrounds, experience and skills specific to the energy industry. Our team includes attorneys who have served as in-house counsel for major energy companies, providing a depth of insight into our clients' needs, issues and concerns. We understand and regularly practice in virtually every sector of the energy, and we represent a wide variety of industry participants from multinational corporations to individuals.
From our offices in the United States and Mexico, our International Practice helps clients operate in today’s global economy. We have more than 30 professionals operating as a boutique within an Am Law 200 law firm and are able to provide focused service with the resources of a large firm. We understand that clients who are engaged in the global marketplace need lawyers who can operate seamlessly across multiple jurisdictions. Our international experts are multi-lingual, are culturally fluent and intimately familiar with various legal systems across the world, especially those in Latin America. Whether you need help with commercial transactions, regulatory matters, customs and import regulations, immigration matters, M&A and joint ventures, international disputes, or international tax planning, Gardere’s international team is here to assist you.
We represent domestic and foreign private funds in all aspects of fund formation, fund operations, platform and add-on acquisitions, and portfolio company operations. Our team has a reputation for being the go-to-lawyers for private equity funds, hedge funds, venture capital funds and family offices. We are known for our vast deal experience, the efficient way we staff and manage our work, and the way we maintain our relationships. We get deals done with sophisticated, strategic, and practical advice tailored to the needs of our clients.
*Not admitted to practice law.
GUEST BLOG FROM BARRY BARNETT
I welcome Barry Barnett as a Guest Blogger with his blog concerning a law firm that fell for a email that sounded too good to be true and which was really Phishing. Barry’s Blawgletter provides great thoughts, and insights.
I read his blogs regularly. Over the years Barry and I have had a number of cases together and he is an outstanding lawyer. Barry is a partner at Susman Godfrey and I’m sure we will see more Guest Blogs from him in the future.
GUEST BLOG: Sucker Law Firm Loses Claim to Undo Wire Transfers
Have you gotten one of those emails that says a non-U.S. outfit has big money coming to it but somehow no one there knows any U.S. lawyers and that the sender wants you to help it get the big money? Perhaps you could advance a small sum — $10,000 perhaps — to grease the skids?
How about one of those emails that promises an up-front retainer and lots of work to bill against it?
Or one that gives your firm the privilege of holding the new client’s big money with no strings other than that you’ll receive a fee of X percent for your fabulous help?
Believe it or not, some folks fall for that sort of thing. And Blawgletter today feels a perverse joy in knowing that, per the Second Circuit, the law will not rescue them from their folly.
The case involved a firm that for some reason received and deposited into its account a check for $225,351, which the firm seemed to regard as partial payment of a debt to a "new client" of the firm. Shockingly, before the check officially cleared, the new client asked for almost all of the funds.
The firm’s bank reported the funds as "available". And, per the new client’s requests, the firm wired $182,780 and $27,895 to, er, South Korea and Canada.
On the day of the second wire, the Federal Reserve Bank returned the check for $225,351, deeming it a fake. The bank charged the firm for the total plus — and we think this hurt the most — a $10 fee for handling the return of the bad check.
The law firm sued the bank for breach of contract. It alleged that the bank should not have called the proceeds of the fake check "available" before the check had in fact cleared. But the district court granted summary judgment to the bank. The Second Circuit affirmed, noting:
The obvious flaw with [the firm’s] argument is that Citibank did not advise F&M that the funds were "available for withdrawal as of right." Rather, CItibank advised only that the funds were "available," without representing that the Check had cleared or that the funds had been collected or that settlement had become final. "Available" is different from "available as of right."
Fisher & Mandell LLP v. Citibank, N.A., No. 10-2155-cv, slip op. at 15 (2d Cir. Feb. 3, 2011).
The publications contained in this site do not constitute legal advice. Legal advice can only be given with knowledge of the client's specific facts. By putting these publications on our website we do not intend to create a lawyer-client relationship with the user. Materials may not reflect the most current legal developments, verdicts or settlements. This information should in no way be taken as an indication of future results.
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