Mark Nawfal represents clients in the energy industry on a variety of civil and commercial oil and gas litigation matters involving offshore platforms, vessels, and land based energy projects. His commercial litigation experience includes indemnity issues between operators and contractors, breach of fiduciary duty, commercial fraud, toxic torts, product liability, and disputes involving breach of contract. Mark has represented clients in international litigation of commercial lawsuits including intellectual property violations, breach of partnership, shareholder, joint venture, franchise and distributorship agreements.
- J.D., Northeastern University School of Law, 2007
- LLM, Global Energy and International Arbitration, University of Texas at Austin School of Law, 2015
- B.A., Tufts University, 2002
- New York
- Suit in NY Court of Appeals against US multinational bank for breach of fiduciary duty in wasting trust fund assets of wealthy family over several generations.
- Worked with managing partner in representing company in NY Supreme Court in suit for breach of contract in development of an airport lounge at JFK.
- Worked with managing partner in representing client in New York County Surrogates Court in probate dispute valued at several million dollars.
- Worked with Baker & McKenzie in the litigation defense of Boston Scientific in Middle East in product liability suit alleging failure of arterial stent that resulted in near death of patient.
- Paralleled litigation defense conducted by Skadden, Arps, Slate, Meagher &Flom LLP of Public Warehousing Company in the US District Court for the Northern District of Georgia for allegations including breach of contract, violation of False Claims Act, illegal rebate/kickbacks. Consulted with local partners on procedures on how to remove company entities from Washington’s EPLS (Excluded Parties List System), including research of Federal Acquisition Regulation and Defense Logistics Agency regulation. Reviewed potential causes of action against the US government under the WTO regime and GATT regime.
- Coordinated with US law firm in pursuing claims in US Bankruptcy Court in the Southern District of NY on behalf of Lebanese investor against investment banking company.
- Advised real estate investor on contractual rights and litigation options for withdrawing invested funds from large high rise real estate project after dispute with the managing executive of the project.
- Worked directly with managing partner on defense of a client in Lebanon charged by US Department of Justice with antitrust violations and mail and wire fraud for alleged bid rigging activities on behalf of US oil companies. Assisted partners in negotiating a 5k1 plea agreement with the DOJ.
- Coordinated with local counsel in Texas regarding fraud of royalty funds owed to Lebanese owner of land in Texas.
- Advised NY fashion designer on litigation strategy to dissolve restrictive partnership agreement with investing partner.
- Advised law firm partners in arbitration proceeding pertaining to the dissolution of partnership agreement joining three prominent law firms in the MENA region.
- Oversaw and directed trademark infringement litigation throughout the Middle East for companies SleepComfort, Polo Ralph Lauren and Mitsulift.
- Assisted in dispute resolution regarding warehouse storage and transportation of food products for UN military envoys in Africa.
- Oversaw extensive trial litigation followed by appeal in Germany for breach of contractual duties between German and Lebanese partners that led to the dissolution of Drom Camena (high end luxury cosmetics producer) branch in Lebanon.
- Advised senior management on amendments to company-wide business policy guidelines in order to avoid exposure under Foreign Corrupt Practices Act and the UK Bribery Act.
- Advised Lebanese franchise of Audemars Piguet in breach of contract suit against European franchisor.
- Directed the litigation of claims brought by a multinational telecommunications company operating throughout Middle East and North Africa for breach of contract against partners and for fraudulent usurpation of funds by employee in North Africa.
- Worked with senior partner in representation of Grand Moulin de Guinea, one of largest corn and grain wholesale distributors in Guinea, in the breach of a joint venture agreement with Grand Moulin de Conakry after partner repudiated exclusive purchasing agreement, following government of Guinea lifting of a ban on corn imports from Turkey, and leading GMG into bankruptcy proceedings.
Transaction and Regulatory
- Coordinated with and assisted a team of attorneys led by Baker McKenzie on sale of a worldwide subsidiary of Boston Scientific.
- Represent law firm at the Lebanon International Oil and Gas Summit, organized by the Ministry of Energy, and attended by regional presidents and vice presidents of over 100 international oil and gas companies including ExxonMobil, BP, and Schlumberger.
- Advised Norton Rose Fulbright on petroleum regulations in Lebanon issued by the Petroleum Administration.
- On behalf of logistics company, negotiated directly with the United Nations World Food Program for revisions to agreement for worldwide ground intervention support (Logistics Emergency Team Deployment Agreement) resulting in the passage of amendments that addressed Agility concerns.
- Led a team in representing Agility Logistics, largest logistics company in the Middle East and fifth worldwide, in partnership with German company ALBA Recycling Group GmbH, in negotiations directly with the Minister of Environment of Lebanon for construction of waste to energy power plant and for the handling of the collection and disposal of Lebanon’s medical hazardous waste.
- Assisted Agility Logistics GIL in putting forth a bid with Kuwait National Petroleum Company for freight forwarding, custom clearance and transportation services.
- Incorporated investors into a Lebanese offshore company and independently negotiated on its behalf the purchase of a media company servicing US State Department contracts in the Middle East.
- Drafted Joint Venture agreement between multinational bed and furniture manufacturer for the production and sale of SleepComfort mattresses throughout Saudi Arabia.
- On behalf of client real estate developer, outlined a corporate structure to maximize participation and limit tax exposure by foreign investor in light of restrictions by Lebanese law on foreign ownership of land.
- Worked with managing partner in the representation of the largest shopping mall in Lebanon- ABC sal. Drafted and revised Shareholder Agreements, Management Agreements, BOT agreements and Joint Venture agreements with foreign investors.
- As part of a team of attorneys conducted due diligence on acquisition by Mitsubishi of outstanding shares in its subsidiaries throughout the Middle East.
- Drafted agreements between United Nations and G4S, largest security firm in the world, for construction of security facilities at UN headquarters in Beirut.
- Led a team in negotiating management agreement on behalf of United Projects for Aviation Services Company and National Aviation Services for operation of a new terminal at Kuwait International Airport.
- Reviewed and advised on several freight forwarding contracts for clients throughout Middle East and Africa.
- Advised Swiss bank UBS in opening up its first representative office in Lebanon.
- Negotiated advisory agreements for financial evaluation of large Kuwaiti investment fund and its multiple subsidiaries.
- Revised contracts for the sale of surgical and hospital equipment in the Middle East.
- Advised transportation company on tariffs it would incur in holding its products at Lebanese ports.
- Drafted transfer of know how agreements, management agreements, franchise and licensing agreements.
- Independently represented a multinational telecommunications firm in its licensing and service contracts throughout Middle East and North Africa.