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

“Falcon Labs: Decentralized CFTC Jurisdiction,” Cleary Gottlieb Alert Memo, August 6, 2024

“Second Circuit Holds Section 1782 Discovery Is Not Available In An ICSID Arbitration,” Cleary Gottlieb Alert Memo, July 24, 2024 

“After Chevron: What the Supreme Court’s Loper Bright Decision Changed, And What It Didn’t,” Cleary Gottlieb Alert Memo, July 11, 2024 

“Supreme Court Limits SEC’s Use of In-House Adjudication; Raises Questions for Other Agencies,” Cleary Gottlieb Alert Memo, July 11, 2024 

“US Antitrust Regulators Threaten Ephemeral Messaging Users and Their Counsel With Obstruction Charges,” Cleary Gottlieb Alert Memo, June 7, 2024 

“CFPB “Firing on All Cylinders” After Surviving Constitutional Challenge,” Cleary Gottlieb Alert Memo, May 28, 2024 

“U.S. Supreme Court Rejects Due Process Challenge to Statute Requiring Out-of-State Corporations to Submit to General Personal Jurisdiction,” Cleary Gottlieb Alert Memo, July 5, 2023 

“U.S. Supreme Court Rules That An Appeal Of An Order Denying A Motion To Compel Arbitration Automatically Stays District Court Proceedings,” Cleary Gottlieb Alert Memo, June 29, 2023

“U.S. Supreme Court Rejects Anti-Terrorism Act Claims Against Social Media Platforms Used By ISIS,” Cleary Gottlieb Alert Memo, May 31, 2023

“U.S. Supreme Court Holds FSIA Does Not Immunize Foreign Sovereigns From Criminal Prosecution,” co-author, Cleary Gottlieb Alert Memo, April 21, 2023

“Five International Arbitration Trends And Topics For 2023,” co-author, Cleary Gottlieb Alert Memorandum, January 30, 2023

“Class & Collective Action Group Newsletter,” July 11, 2022

“U.S. Supreme Court Denies Applicability of Section 1782 Discovery Statute With Respect to Private Commercial and Treaty Arbitrations,” co-author, Cleary Gottlieb Alert Memorandum, June 15, 2022

“Unsealed Indictment Illustrates Interplay Between Criminal and Civil Liability For Theft Of Trade Secrets,” co-author, Cleary Enforcement Watch blog post, February 22, 2022

“2021 Developments in Securities and M&A Litigation,” co-author, Cleary Gottlieb Alert Memorandum, January 18, 2022

“Second Circuit Rules That International Comity and New York’s ‘Separate Entity’ Rule May Prevent Asset Restraint Orders From Reaching Assets Held at Bank’s Foreign Branches,” co-author, Cleary Gottlieb Alert Memorandum, September 20, 2021

“Whistleblower Regulations in the U.K. and the U.S.,” co-author, Cleary Gottlieb Alert Memorandum, July 14, 2021 

“GAO Recommends CFPB Evaluate Trump Era Fair Lending Reorganization,” co-author, Cleary Enforcement Watch blog post, April 26, 2021 

“The CFPB’s Much-Anticipated Enforcement Shift Has Begun,” co-author, Cleary Enforcement Watch blog post, April 26, 2021 

“A Biden CFPB and the PayPal Decision,” co-author, Cleary Gottlieb Alert Memorandum, February 22, 2021 

“Crisis Management in Unprecedented Times,” co-author, Selected Issues for Boards of Directors in 2021, January 11, 2021 

“CFTC Division of Enforcement Releases Guidance on Evaluating Compliance Programs,” co-author, Cleary Gottlieb Alert Memorandum, September 15, 2020; republished by New York University School of Law Compliance & Enforcement Blog, September 17, 2020 

“Executive Order Eliminates Differential Treatment for Hong Kong,” co-author, Cleary International Trade and Sanctions Watch, July 21, 2020 

“DFS Regulation Clarifies Scope of Governor Cuomo’s Forbearance Order,” co-author, Cleary Gottlieb Alert Memorandum, March 25, 2020

“United Kingdom and United States Governments Sign First-Ever CLOUD Act Agreement,” co-author, Cleary Cybersecurity and Privacy Watch post, October 16, 2019; republished by the Privacy & Cybersecurity Law Report, January 3, 2020

“SCOTUS Case Sets Limits on Agency Deference,” co-author, Cleary Gottlieb Alert Memorandum, July 3, 2019

“SEC and CFTC Chairs Sign Enhanced Multilateral Memorandum of Understanding Expanding Cross-Border Enforcement Cooperation,” Cleary Enforcement Watch blog post, June 3, 2019.

“CFTC Division of Enforcement Releases First Public Enforcement Manual,” co-author, Cleary Gottlieb Alert Memorandum, May 13, 2019. 

“CFTC Enforcement Division Issues New Advisory on Self-Reporting and Cooperation,” co-author, Cleary Enforcement Watch blog post, March 15, 2019

“CFTC Issues First Whistleblower Award Originating From Both a Related Action and a Company Outsider,” co-author, Cleary Enforcement Watch blog post, March 11, 2019; republished by Law360; republished by Harvard Law School Forum on Corporate Governance and Financial Regulation, March 26, 2019; republished by Law360, April 2, 2019 (with Jennifer Kennedy Park, Alex Janghorbani, and Jim Wintering)

“U.S. Subpoena Fails to Secure the Production of Witness Statements and Disclosed Documents in English Proceedings,” co-author, Cleary Gottlieb Alert Memorandum, February 19, 2019

“Court Holds That 5th Amendment Self-Incrimination Privilege Precludes Compelling Fingerprint or Facial Recognition Access to Digital Devices,” co-author, Cleary Enforcement Watch blog post, January 23, 2019.

“First Ever Criminal Bank Secrecy Act Charge Brought Against U.S. Broker-Dealer,” co-author, Cleary Enforcement Watch blog post, January 7, 2019.

“Virtual Currencies, Manipulation, Cooperation, and More: CFTC Enforcement Division’s 2018 Annual Report,” co-author, Cleary Enforcement Watch blog post, November 26, 2018; republished by New York University School of Law Compliance & Enforcement Blog, November 28, 2018.

“Two Strikes and You’re Out: The Litvak Saga Comes to an End,” co-author, Cleary Enforcement Watch blog post, August 9, 2018

“Government Moves to Voluntarily Dismiss Remaining Charge Against Jesse Litvak, Foregoing a Third Trial,” co-author, Cleary Enforcement Watch blog post, July 31, 2018

“California District Court Holds That FIRREA’s 10-Year Statute of Limitations Reaches Risks Caused to Financial Institutions by Their Own Employees,” co-author, Cleary Enforcement Watch blog post, July 27, 2018; republished by The CLS Blue Sky Blog, July 31, 2018.

“Second Circuit Holds That U.S. Law Firm Need Not Produce Foreign Client’s Documents Pursuant to 28 U.S.C. § 1782,” co-author, Cleary Gottlieb Alert Memorandum, July 17, 2018.

“CFTC Announces Two Significant Awards by Whistleblower Program,” co-author, Cleary Enforcement Watch blog post, July 17, 2018

“CFTC Chairman Announces Formal Cooperation Agreement With State Securities Agencies,” co-author, Cleary Enforcement Watch blog post, May 24, 2018

“Second Circuit Again Reverses Fraud Conviction of RMBS Trader Litvak,” co-author, Cleary Enforcement Watch blog post, May 8, 2018

“Canada Proposes New Deferred Prosecution Agreement Program,” co-author, Cleary Enforcement Watch blog post, April 12, 2018

“CLOUD Act Establishes Framework To Access Overseas Stored Electronic Communications,” Cleary Gottlieb Alert Memorandum, April 4, 2018.

“China’s New Anti-Corruption Authority And Related Developments,” co-author, Cleary Enforcement Watch blog post, April 4, 2018.

“Recent CFTC Enforcement Actions: Spoofing and Virtual Currency Task Forces,” co-author, Cleary Enforcement Watch blog post, April 4, 2018.

“DOJ Announces Expansion of Approach Encouraging Self Reporting and Cooperation,” co-author, Cleary Enforcement Watch blog post, March 5, 2018.

“The New Italian Law on Whistleblowing Procedures and Its Impact on Compliance Programs,” co-author, Cleary Enforcement Watch blog post, February 26, 2018.

“Supreme Court Clarifies the Scope of Dodd-Frank’s Whistleblower Protections,” co-author, Cleary Gottlieb Alert Memorandum, February 23, 2018.

“Cross-Border Investigations: A Look Back on 2017, and Ahead to 2018,” co-author, Cleary Gottlieb Alert Memorandum, February 15, 2018.

“‘Oral Downloads’ of Counsel Interviews Waived Attorney Work Product Protection from Disclosure,” co-author, Cleary Gottlieb Alert Memorandum, December 22, 2017.

“Hong Kong SFC and HKMA Issue New Guidelines for Reducing and Mitigating Hacking Risks Associated with Internet Trading,” co-author, Cleary Gottlieb Alert Memorandum, November 11, 2017.

“CFTC Announces New Enforcement Strategy Focused on Self Reporting,” co-author, Cleary Gottlieb Alert Memorandum, September 26, 2017.

“CFTC’s Demanding New Cooperation Guidelines for Companies and Individuals,” Cleary Gottlieb Alert Memorandum,January 24, 2017; republished by Journal of Investment Compliance, August 2017

“Cleary Gottlieb Analyzes Second Circuit Reversal of Rabobank Libor Convictions,” The CLS Blue Sky Blog, July 28, 2017.

“CFTC Approves Amendments to Whistleblower Rules Including Significant Enhancements of its Anti-Retaliation Protections,” co-author, Cleary Gottlieb Alert Memorandum, May 25, 2017.

Events