T. Michael Guiffre

International Arbitration and Cross-Border Litigation 

• Secured reversal by the Ninth Circuit of a $1.3 billion judgment confirming an international arbitral award against Antrix Corp. Ltd., India’s wholly owned space and satellite company. Additional proceedings concerning the Indian Supreme Court’s rescission of the award are pending following the U.S. Supreme Court’s reversal on FSIA jurisdictional grounds. 
• Represent a client in a multibillion-dollar ICC arbitration involving alleged breach of contract and negligence in an airport infrastructure project. 
• Obtained dismissal of multibillion-dollar Chapter 11 cases in favor of insolvency proceedings in The Bahamas and successfully defended multiple related lawsuits and construction claims.  
• Compelled arbitration on behalf of an investor in a multibillion-dollar investor-state dispute against the Independent State of Papua New Guinea over obstruction of a construction and timber rights project.  
• Secured global intellectual property licensing rights, a $12 million royalty payment, and other relief following a two-week arbitration in a patent and biotechnology dispute. 
• Secured a $4.4 million arbitration award against an electronics recycler’s competitor for maliciously prosecuting a $25 million lawsuit based on knowingly unsupported RICO, fraud, and breach claims. Also obtained more than $350,000 in sanctions against opposing counsel.  
• Following a week-long arbitration, secured a $3 million award against a wind tower supplier for manufacturing defects and delays, recovered wind towers worth approximately $5 million, and defeated a $6.6 million counterclaim.  

U.S. Commercial Litigation 

• Obtained summary judgment in litigation alleging more than $35 million in underpayments for emergency medical services.  
• Defeated a $140 million lawsuit against a research and development company over alleged misappropriation of sulfur removal technology. Following a two-week trial, the court rejected claims for theft of a corporate opportunity, breach of contract, fraud, and civil conspiracy. 
• Secured dismissal of Anti-Terrorism Act claims against a Middle Eastern bank.  
• Obtained more than $500,000 in sanctions against the plaintiff and its counsel in a federal jury trial involving an alleged breach of a professional services contract. 
• Obtained summary judgment for an airline in a lawsuit brought by a former governor and White House chief of staff alleging breach of contract and fraud arising from renegotiated aircraft leases.  
• Obtained a $2.1 million judgment against a foreign embassy’s former counsel for embezzling embassy funds.  
• Secured dismissal of claims seeking to expel more than 20 priests, deacons, and parishioners following 10 days of testimony on a request for a temporary restraining order and preliminary injunction. Subsequently obtained dismissal of a related federal lawsuit on constitutional grounds and for failure to plead RICO claims.  
• Secured a favorable trial verdict on predatory lending claims.  
• Obtained summary judgment for a former White House Special Counsel in a defamation lawsuit concerning “Travelgate” and “Filegate.”  
• Negotiated a favorable settlement of intellectual property and executive compensation indemnification claims exceeding $30 million. 
• Negotiated a favorable settlement of a novel insurance coverage claim arising from reduced convention attendance due to the H1N1 virus. 
• Successfully defended a company against wrongful termination claims brought by its former CEO following his termination for misappropriating company assets.  
• Negotiated a favorable settlement for a major insurance broker in an investigation by the D.C. Attorney General into alleged antitrust and other violations. 

Government Contracts and Investigations 

• Successfully defended the General Services Administration in a month-long trial against claims challenging more than $300 million in volume discounts under the Federal Telecommunications Service contract.  
• Obtained summary judgment for a government software services provider facing an $18 million claim involving disputed request-for-proposal terms, multiple bid protests, a termination-for-convenience claim, and allegations of tortious interference and conspiracy. 
• Tried a dispute over breaches of a military transportation contract in Afghanistan before a jury in the Eastern District of Virginia’s “Rocket Docket,” mitigating the damages sought by the opposing party. 
• Negotiated a favorable settlement during jury deliberations for a government contractor pursuing claims against former employees who had started a competing business. 
• Negotiated a multimillion-dollar settlement with the U.S. government to recover the costs of remediating organochlorine pesticides at the former Naval Air Station Alameda.  
• Successfully defended the awardee of a $126 million construction contract against multiple agency-level and judicial bid protests based on alleged investment activities in Iran. 
• Obtained a declaratory judgment within two weeks of filing suit challenging the government’s wrongful decision to proceed with contract performance while a bid protest was pending. 
• Represented a public company in a voluntary disclosure of billing irregularities to the Department of Defense Inspector General and negotiated a compliance agreement precluding debarment from government contracting.  
• Persuaded the Air Force to set aside a termination for default in a bet-the-company appeal and secured a major award against the company’s subcontractor for breach of contract.  
• Obtained a temporary restraining order blocking a prime contractor in Afghanistan from taking over a subcontractor’s essential personnel. 
• Conducted an internal investigation for a major oilfield services provider concerning displaced radioactive material and negotiated a favorable confirmatory order with the Nuclear Regulatory Commission. 
• Persuaded the Department of Justice not to intervene in a False Claims Act case alleging delivery of nonconforming encrypted communications equipment. The qui tam plaintiff subsequently dismissed his retaliation claims.