Daniel S. Meyers

Mr. Meyers has been lead counsel representing applicants for asylum in administrative proceedings before the Justice Department's Executive Office for Immigration Review. In that capacity, he has conducted hearings involving examinations of witnesses and oral argument on the merits of asylum applications.

Representative Matters

The Bank of New York v. Norilsk Nickel, 14 A.D.3d 140, 789 N.Y.S.2d 95 (Supreme Court of the State of New York), Member of team representing party winning summary judgment in an interpleader case involving federal pre-emption of state law and title to certain wire transfers. The wire transfers were blocked pursuant to the treasury department's Yugoslavian asset-blocking regulations and later attached pursuant to private civil process. On appeal after remand, the appellate division also awarded the full amount of damages sought, including attorney's fees. Bank of New York v. Norilsk Nickel, 26 A.D.2d 301, 810 N.Y.S.2d 32; 1st Dep't 2006.

Burnett v. Al Baraka Inv. & Dev. Corp., (S.D.N.Y.), Member of team representing an individual defendant in consolidated actions arising out of the 9/11 attacks. The case involves issues of personal jurisdiction and claims arising under the Anti-terrorism Act, the Alien Tort Statute and other federal statutes.

In re New Cap Ins. Ltd. (S.D.N.Y.), Member of team winning affirmance on appeal from an order of the Bankruptcy Court. The case involved parallel proceedings in Australia, Pennsylvania and New York, issues of international judgment recognition, and anti-suit injunctions.

Sokol Holdings, Inc. v. BMB Munai, Inc. (S.D.N.Y.), Member of team representing an entity from the Republic of Kazakhstan sued by American and New Zealand plaintiffs over the ownership of rights to explore and develop oil and gas fields in Kazakhstan. The case involves issues of personal jurisdiction, the doctrine of forum non conveniens, and the enforcement of arbitration agreements.

Member of team representing private equity fund and its affiliates in various actions involving several South American airline companies and a bankruptcy reorganization in Brazil. The issues include breach of contract, piercing the corporate veil, breach of fiduciary duty, forum selection, arbitral jurisdiction, cross-border discovery, collateral estoppel, recognition of foreign judgments and bankruptcy court orders, and Chapter 15 of the U.S. Bankruptcy Code.

Member of team representing private equity fund and its affiliates in various litigations in New York, Brazil and Switzerland, where the team attached bank accounts holding approximately $85.5 million. The New York court granted summary judgment on certain defaulted loans, plus interest and attorney's fees.

Member of team representing multinational bank and affiliate in litigation by an investment advisor seeking a "success fee" for a transaction between the affiliate and the Swiss National Bank arising out of the financial crisis of 2008. The case involves the legal effect of the Swiss government interventions to halt the financial crisis, civil exposure for compliance with such government interventions and the doctrine of frustration of purpose.

Member of team representing a foreign film distribution company in arbitration concerning dispute arising out of license to distribute motion pictures in Eastern Europe.

Member of team representing a foreign bank in a proceeding brought by FinCEN involving allegations of money laundering and the constitutionality of the USA PATRIOT Act.

Member of team conducting an internal investigation into allegations of foreign commercial bribery by employees of a U.S. private equity fund and officials of a foreign government.  Subsequent advice regarding foreign-country investigations and indictments for securities fraud and bribery, tax disputes, and extradition.

Member of team representing an individual in a grand jury investigation and related civil litigation involving allegations of fraudulent tax shelters.

Member of team representing former CEO of a publicly-traded company in an investigation involving alleged violations of the Iranian Transactions Regulations (31 C.F.R. Part 560) and false statements made in a voluntary disclosure to a government agency.  

Member of team representing Malaysian company in dispute with American manufacturer over the supply of goods in Qatar.

Publications and Speeches

"Reconsidering The Arbitration Awards Concerning The 2001 Economic Crisis In Argentina And The Customary International Law Defense Of Necessity," 23-7 Mealey's Intl. Arb. Rep. 13, 2008.

The Transatlantic Divide Over the Implementation and Enforcement of Security Council Resolutions," 38 Cal. W. Int'l L.J. 255, 2008.

Co-author, "Blocked Wire Transfers: Can Funds Be Attached? Who Has Title?," 1 Journal of Payment Systems Law 156, 2005.