Nicholas has extensive experience with arbitral proceedings under the auspices of all of the major arbitral institutions and rules (e.g., ICC, DIS, SCC, LCIA, UNCITRAL, ICSID, ad hoc).
Nicholas graduated from law school in 2003 (University of Munster), earned a PhD in law and an Executive Master of Business Administration (M&A) in 2005 and was allowed to the German bar in 2007. In 2008 he received a Master of Laws diploma from the University of Cambridge (UK) and was entered on the roll as Solicitor of England & Wales in 2010.
Dr. Kessler is a visiting lecturer at the University of Münster and teaches the international arbitration and mediation in the university's post graduate program on mergers and acquisitions. He frequently publishes and holds speeches on arbitration and litigation-related topics.
Tom represents Orrick's renewable energy and infrastructure clients in a vast array of commercial, warranty, and construction litigation matters throughout the U.S. and around the globe, previously having served as a member of the Orrick team that represented Hemlock Semiconductor (a leading producer of solar-grade polycrystalline silicon) in a host of litigations and proceedings arising from the breach of its long-term supply agreements by counterparties. His practice touches all types of renewable energy disputes from PPA litigation, to development and construction claims, to component supply and performance disputes, and everything in between.
In addition to representing his clients in courts and confidential arbitrations, Tom regularly provides pre-litigation counseling to Orrick's renewable energy and infrastructure clients, helping them manage their enterprise liability and pursue and defend claims through mediation and pre-dispute procedures, often resolving matters amicably before they devolve into full litigation or arbitration.
Tom also has litigated structured finance issues for his entire career, representing securitization sponsors and loan servicers in an array of litigations from securities fraud and loan repurchase disputes to ERISA and consumer class actions, also consulting and advising on the interpretation of securitization documents and events of default.
In addition, Tom represents audit firms and accountants in regulatory proceedings commenced by the SEC and the PCAOB along with related civil litigations. He has experience managing and conducting large scale internal investigations, liaising with regulators, remediating problems, and managing risk and liability in delicate circumstances.
Tom maintains an active pro bono practice representing asylum seekers and U.S. veterans seeking discharge status upgrades.
Dan has a general business and corporate law practice, representing both emerging and public companies in a variety of matters, including corporate and securities law, venture capital financings, mergers and acquisitions, de-SPAC transactions, day-to-day general corporate matters, structured liquidity programs, public offerings, Securities and Exchange Commission reporting and compliance and corporate governance.
Dan began his legal career in Silicon Valley and works with a significant number of clients in Southern California, the San Francisco Bay Area and around the world. Dan is also an Adjunct Professor at Loyola Law School.
Dan’s current and former representations include:
Beyond Meat
Ceradyne
Compellent Technologies
GitHub
Luminar Technologies
Momentus
Outward
Pinterest
Planet Labs
Spectrum Pharmaceuticals
ZestFinance
Dan also has represented numerous venture capital and private equity investors including Founders Fund, Kapor Capital, Storm Ventures, Warburg Pincus, Wicklow Capital and many others.
A member of the firm’s Litigation business unit, Jae is currently working with teams defending against claims brought by investors, trustees, and monoline insurance companies and state security actions for Orrick’s marquee clients. Jae has extensive experience supporting trial teams defending clients in bet-the-company complex litigation, mass torts, product liability matters, and financial services disputes, as well as working with teams guiding clients through government and agency regulations, compliance, investigations, and enforcement actions. Jae has worked with various global companies on their U.S. litigations, investigatory, and compliance matters. Jae also has experience working with a team in a high-profile white-collar matter and assisted manufacturers with various government filings.
Before attending law school, he served in the Republic of Korea Marine Corps and worked at a South Korean government security agency.
Before joining Orrick, Ernan served as a law clerk for the Honorable Mary H. Murguia of the U.S. Court of Appeals for the Ninth Circuit and the Honorable David G. Campbell of the U.S. District Court for the District of Arizona.
Ernan earned his law degree from the University of California, Berkeley, School of Law, where he served as Executive Editor on the California Law Review. He also earned a Masters in Advanced International Studies from the Diplomatic Academy of Vienna (Austria) and a B.S. in Justice Studies from Arizona State University.
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