Emmanuel Fua
Senior Associate
New York
Emmanuel Fua is a senior associate in Orrick's Complex Litigation and Dispute Resolution Group.
Emmanuel has represented clients in high-stakes litigation in federal and state courts across the country in cases involving a wide range of issues, including securities fraud, trade secret misappropriation, breach of contract, products liability, environmental contamination, celebrity endorser liability, and issues arising under chapters 9 and 15 of the Bankruptcy Code. He has both trial court and appellate court experience, having been a member of multiple trial teams and having co-authored briefs in the Second, Fifth, and Ninth Circuit Courts of Appeals and the U.S. Supreme Court. He has also represented clients in international arbitrations under the UNCITRAL and AAA-ICDR arbitration rules.
Emmanuel's experience also includes non-public representations and internal investigations of clients in the finance and retail industries alleged to have violated the Bank Secrecy Act, False Claims Act, and Foreign Corrupt Practices Act.
From 2016-2017, Emmanuel served as a law clerk for Chief Magistrate Judge Debra Freeman of the U.S. District Court of the Southern District of New York.
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- Representing United Kingdom software company in breach of contract, trade secret, patent, and trademark disputes.
- Representing foreign private issuer and its executives in U.S. securities fraud class action.
- Representing biotechnology company in contract dispute related to the COVID-19 vaccine.
- Representing Animal Legal Defense Fund in dispute against Fish and Wildlife Service and National Marine Fisheries Service regarding Endanger Species Act regulations.
- Successfully briefed and argued in opposition to a motion to dismiss in the Complex Commercial Division of Delaware state court on behalf of an Italian financial services firm against a major U.S. automotive manufacturer in cross-border breach of contract dispute.
- Successfully second-chaired an UNCITRAL arbitration on behalf of an Ohio graphite electrode manufacturer against a Chinese state-owned enterprise in a cross-border breach of contract dispute.
- Successfully represented several oil rig holding companies in chapter 15 U.S. bankruptcy proceedings in connection with a petition for recognition of the debtors' $3.7 billion Cayman Islands restructuring proceedings; also a member of the appellate team that successfully defended a favorable bankruptcy court decision in both the district court and Second Circuit.
- Successfully represented Greek drybulk shipping company and executives in $74 million fraudulent conveyance action brought in the High Court of the Republic of the Marshall Islands by Texas hedge funds; also a member of the appellate team that secured an opinion affirming the High Court's dismissal of the case with prejudice.
- Successfully represented California railroad company in federal jury trial resulting in a $39.7 million jury award, followed by an additional $13.1 million exemplary damages award by the court, in a trade secrets misappropriation, business tort, and breach of contract case. The Daily Journal and Law360 hailed the victory as one of 2014's top defense and trade secrets verdicts.
- Successfully represented former NFL quarterback Joe Theismann in a putative class action lawsuit alleging false advertising with respect to one of Mr. Theismann's celebrity endorsements; also a member of the appellate team that secured an order from the Ninth Circuit affirming Mr. Theismann's dismissal from the case with prejudice.
- Successfully represented the City of Stockton, California in its chapter 9 bankruptcy eligibility and confirmation cases against various creditors. Stockton is the largest California city ever to seek bankruptcy relief.
