Nowell D. Bamberger’s practice focuses on complex civil litigation and government investigations, with a particular focus on cross-border matters.

Nowell’s recent experience involves cutting-edge federal litigation, including cross-border bankruptcy, consumer class action, and intellectual property claims in courts around the country, contested matters before federal agencies, and complex regulatory and criminal investigations in the United States and abroad. Many of his recent assignments involve litigation of complex unfair trade practice disputes in the United States. Nowell also has particular experience representing clients in the Asia/Pacific region, including before foreign authorities in Hong Kong, Korea, Singapore and Malaysia.

Nowell joined the firm in 2008 and became a partner in 2017. He has spent extended periods working from the firm’s offices in Hong Kong and London, and holds dual U.S. and Italian citizenship.

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Notable Experience

Litigation

  • Medytox Inc. In re Certain Botulinum Toxins Products, 337-TA-1145, an unfair import trade investigation before the United States International Trade Commission, successfully trying theft of trade secret claims and obtaining a Final Initial Determination advising exclusion of the accused products from the U.S. market.

  • HSBC in Frontpoint Asian Event Driven Fund v. Citibank N.A. et al., No. 16 Civ. 5263 (AKH), obtaining dismissal of antitrust claims on a motion to dismiss.

  • HSBC in Dennis v. JP Morgan Chase & Co. et al., 16 Civ. 6496 (LAK), obtaining dismissal of antitrust claims on a motion to dismiss.

  • The Bank of New York Mellon and HSBC in Fairfield Sentry Ltd. (In Liquidation) et al. v. Theodoor GGC Amsterdam, et al., Ch. 15 Case No. 10-13164, concerning liquidation of foreign investment fund related to the Bernard L. Madoff Ponzi scheme.

  • Samaraneftegaz in U.S. litigation concerning the enforcement of foreign arbitral awards.

  • Tomskneft in connection with Irish High Court litigation concerning the enforcement of foreign arbitral awards.

  • A foreign waste disposal firm in litigation regarding toxic waste disposal under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).

  • Banc of America Securities LLC in litigation related to residential mortgage backed securities.

  • A foreign investment company subject to bankruptcy claims pursuant to the Securities Investor Protection Act related to its investment with Bernard L. Madoff Investment Securities LLC.

  • The Bank of New York Mellon and various subsidiaries in class action civil litigation and enforcement actions brought by the New York Attorney General and U.S. Department of Labor related to investments with the Ponzi scheme operated by Bernard L. Madoff Investment Securities LLC.

  • OAO Samaraneftegaz in defense of lawsuit brought by Yukos Capital S.a.r.l. to enforce arbitral award in New York. Obtained stay pending parallel proceedings in Russia and then order granting discovery into validity of alleged arbitration agreement on which the award is based.

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Investigations

  • BHP Billiton and Vale in an investigation into of the collapse of the Fundão tailings dam in the Minas Gerais region of Brazil, reportedly the largest environmental disaster in the history of Brazil.

  • A Chinese large-cap foreign private issuer in an independent investigation regarding allegations of financial reporting fraud.

  • HSBC in parallel investigations in the U.S., U.K., Hong Kong and elsewhere concerning interest rate benchmark setting and the global foreign exchange markets.

  • A major financial institution in global criminal investigations by the U.S. DOJ and other authorities into potential bribery and money laundering by Unaoil.

  • A Chinese foreign private issuer in an investigation by the New York Stock Exchange.

  • A major financial institution in a complex confidential investigation before Bank Negara Malaysia Berhad, the Malaysia central bank.

  • A major Japanese financial institution in an investigation concerning public corruption before the U.S. Securities & Exchange Commission.

  • A European financial institution in an internal investigation and before U.S. regulators in a matter related to swap curve marking.

  • A major European bank in an investigation concerning trading practices in the U.S. dollar swaps market.

  • Various other investigations matters that remain confidential.

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Selected Activities

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Comments and Articles Editor, Pacific Rim Law & Policy Journal, University of Washington School of Law

Publications

“FinCEN Eliminates CTA Requirements for All U.S. Companies and U.S. Individuals,” Cleary Gottlieb Alert Memo, March 24, 2025

“Trump Administration Proposes Eliminating CTA Requirements for All U.S. Companies,” Cleary Gottlieb Alert Memo, March 5, 2025 

Events