Jeffrey Prokop, a partner in Washington, D.C., represents industry-leading clients in their most sensitive and high-value commercial disputes, both in United States courts and before international arbitration tribunals throughout the world.  

He has substantial experience representing companies in arbitration proceedings held under the auspices of major arbitration agencies, including the International Chamber of Commerce, the London Court of International Arbitration and the American Arbitration Association, as well as in non-administered proceedings conducted under the UNCITRAL Rules. Jeff also regularly litigates arbitration-related issues arising under the Federal Arbitration Act and the New York Convention, and has particular expertise in the enforcement of arbitration agreements.  

Jeff has handled high profile, cross-border commercial disputes for global leaders in the telecommunications, technology and energy sectors, including Telenor ASA, Dow AgroSciences, Toshiba Corporation, Sharp Corporation and Osaka Gas. Most recently, Jeff led the Orrick team representing the Republic of Guinea that obtained dismissal of a petition in United States District Court seeking to enforce a $50 million arbitral award against the West African nation in a case that garnered substantial media attention.

Jeff also has significant experience representing companies and individuals in government, regulatory and internal corporate investigations. He has counseled clients with respect to investigations conducted by the U.S. Department of Justice, SEC, IRS, FINRA and the New York Attorney General.

Jeff has spent his entire career at Orrick, starting as a summer associate in the New York office in 2004. He serves as Hiring Partner for the Washington, D.C. office and is a member of Orrick's Professional Development Committee.

  • Additional representative commercial litigation and arbitration matters:

    • Dow AgroSciences: Litigation. Obtained summary judgment for Dow AgroSciences in a patent and licensing dispute against Bayer CropScience concerning Dow's rights to next-generation plant genetics technology. That ruling was affirmed by the Federal Circuit in 2013.  After prevailing in the District Court and the Federal Circuit, the Orrick team obtained an award of attorneys' fees for Dow of approximately $6 million.  The case involved issues of English contract law and U.S. patent law.
    • Dow AgroSciences: Arbitration. Represents Dow AgroSciences in an ICC arbitration and related litigation against Bayer CropScience involving issues of French contract law and United States patent law. 
    • Sharp Corporation. Represents Sharp in an AAA arbitration against InterDigital Technology Corporation involving license rights to standard essential patents. The case involved issues of Delaware and French law.
    • Toshiba Corporation. Represented Toshiba in IP licensing dispute against BaySand, Inc. Successfully opposed BaySand's attempt to litigate its patent infringement claims in U.S. District Court in breach of the parties' arbitration agreement. Orrick favorably settled the resulting ICC arbitration seated in Tokyo. The case involved issues of U.S. patent law and Japanese contract law.
    • Telenor ASA: Arbitration. Represented Telenor in an UNICTRAL arbitration seated in London in a dispute to determine the rights of the parties under the shareholders agreement of VimpelCom Ltd., a global telecommunications company based in Amsterdam. 
    • Telenor ASA: Litigation. Represented Telenor in a securities litigation in United States District Court for the Southern District of New York involving control of OJSC VimpelCom, a major mobile telecommunications operator in Russia.
    • Osaka Gas. Obtained dismissal of claims brought in Delaware Chancery Court in breach of the parties' arbitration agreement; represented Osaka Gas in subsequent AAA arbitration concerning a dispute over the management of a cogeneration facility in New York.
    • Green Power Investment Corporation. In a dispute before the London Court of International Arbitration, obtained complete relief sought in connection with a dispute against Green Power's European partners over the parties' rights in two wind farms in Poland. 
    • DHL. Represented DHL in state and federal courts throughout the U.S. in commercial litigation matters concerning the company's exit of the domestic shipping market in the United States. Also obtained complete appellate victory in case involving a $20 million wrongful death verdict against DHL. The Appellate Division of New York Supreme Court set aside the verdict against DHL in its entirety. 
    • Vinci, S.A. Obtained summary judgment in a RICO action brought against Vinci, its affiliates and corporate executives in the United States District Court for the Southern District of New York, as well as a full award of attorneys' fees. 
    • State of West Virginia. Successfully opposed a petition for certiorari in a $450 million dispute over the constitutionality of West Virginia's coal severance taxes.

    Representative white collar criminal defense and investigations matters:  

    • A major investment bank in connection with an internal investigation into allegations of theft and bank fraud.
    • The audit committee of a telecommunications company in an internal investigation involving allegations of FCPA violations throughout the world.
    • The audit committee of a structured investment advisor in an internal investigation concerning allegations of misconduct by its chief executive.
    • An investment bank in an internal investigation and FINRA proceeding concerning a municipal securities offering.
    • An executive in connection with an audit committee investigation into corporate accounting and SOX compliance.
    • The CEO of a London Stock Exchange FTSE 100 company in connection with DOJ's investigation of internet gaming.
    • A global financial services firm in connection with an IRS investigation into tax shelters.
    • An individual in connection with FINRA and New York Attorney General investigations of improper compliance procedures in the annuity and mutual fund industries.
    • An individual in connection with a federal investigation into alleged securities fraud and insider trading.
    • A Big Four accounting firm in connection with an SEC investigation of financial statement restatements.
    • An investment advisor in connection with allegations of municipal bond bid rigging.
    • A technology firm in connection with a FINRA investigation of an online IPO.
    • An individual charged with criminal antitrust violations in connection with a New York Attorney General investigation of insurance bid-rigging.
    • An individual in connection with a DOJ investigation into alleged procurement fraud.

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