Richard Deutsch

Richard Deutsch

Partner, Pillsbury Winthrop Shaw Pittman LLP
[email protected]

Over the course of his nearly 20-year career, Richard Deutsch has been at the center of some of the most important issues in international arbitration, commercial litigation and government investigations.

Rich represents clients worldwide in all aspects of international arbitrations and government investigations, starting from the earliest signs of potential issues through final resolution. Because success in both international disputes and government investigations is often determined by a party’s position at the outset, Rich strives to ensure that clients are strategically situated to achieve the best results possible. In his international arbitration practice, Rich typically advises industry-leading companies in international commercial arbitrations and investor-state arbitrations. He has represented clients in arbitrations under all of the major institution rules, including the International Centre for Dispute Resolution (ICDR), the International Chamber of Commerce (ICC), the Singapore International Arbitration Centre (SIAC), the Hong Kong International Arbitration Centre (HKIAC), the Cairo Regional Centre for International Commercial Arbitration, and the International Centre for the Settlement of Investment Disputes (ICSID), as well as ad-hoc arbitrations under the UNCITRAL Arbitration Rules. As part of this practice, Rich provides advice on risk mitigation through arbitration provisions, international investment treaties and political risk insurance. For the last decade, Rich has been teaching international arbitration courses at the University of Texas School of Law, is a Fellow at the Chartered Institute of Arbitrators, and sits as an arbitrator in international disputes.

Rich’s government investigations practice has been built on the representation of companies implicated in matters at the forefront of government scrutiny. Most recently, Rich represented a leading civil engineering firm in the largest Federal Election Campaign Act (FECA) investigation undertaken by the U.S. Department of Justice. He has also represented international energy companies implicated in industry-wide Foreign Corrupt Practices Act (FCPA) scandals, guiding them as they were being investigated by the DOJ, the Securities and Exchange Commission and the Internal Revenue Service. He has provided FCPA due diligence to energy companies and medical devices companies with business dealings in high-risk locales, including Brazil, China, Iran, Iraq, Libya, Mexico and Nigeria, among others.

In his commercial litigation practice, Rich has represented U.S. and Canadian banks and energy companies in large securities matters in federal and state court, including several multi-million dollar cases related to the Enron scandal. He has also defended a multinational bank in class action consumer claims and general commercial disputes.

Before earning his law degree, Rich was a sportswriter and wrote extensively for Sports Illustrated, The Washington Post, The Miami Herald, The Austin American-Statesman, The Houston Post and Texas Monthly Magazine.

Representative Experience

  • Representing a pharmaceutical manufacturer in a $1 billion dispute regarding the development and marketing of a new product in an ICC Rules arbitration in Zurich.
  • Representing an international parking services provider in an ICSID arbitration against a Latin American government.
  • Representing a U.S. biopharmaceuticals company in an ICC Rules arbitration in Berlin.
  • Representing an African investment group in a dispute with two Chinese companies arising out of loan and share transfer agreements in an arbitration administered by the Hong Kong International Arbitration Centre.
  • Representing Foster Wheeler in a multi-billion dollar ICSID arbitration against Colombia (ICSID Case No. ARB/19/34) for violations of the United States-Colombia Trade Promotion Agreement, arising from a construction project in Colombia.
  • Leading the representation of a leading civil engineering firm in all aspects of the largest Federal Election Campaign Act investigation undertaken by the DOJ.
  • On behalf of the American Petroleum Institute, prepared an amicus brief to the U.S. Court of Appeals for the Second Circuit in support of the efforts of the Nigerian entities of ExxonMobil and Shell (Esso Exploration and Production Limited and Shell Nigeria Exploration and Production Company Limited) to enforce a $1.8 billion international arbitration award against Nigeria’s National Petroleum Corporation.
  • Assisted in a landmark half-billion-dollar judgment in the U.S. District Court for the District of Columbia for the parents of Otto Warmbier in their lawsuit against North Korea. Rich advised on the international arbitration components related to the parents’ ability to bring this claim in U.S. court.
  • Represented three major oil and gas exploration companies in an arbitration (ICDR Rules) over the costs of a multibillion-dollar offshore production facility in the Gulf of Mexico. The successful arbitration award provided the clients with the compensation necessary to cover their legal claims without hindering the success of the project.
  • Early in his career, Rich represented numerous international energy companies, including ExxonMobil, Enron Corp. and Azurix Corp., in a series of ICSID arbitrations against the Government of Argentina. The issues at the center of these arbitrations, such as indirect expropriation, fair and equitable treatment and various jurisdictional topics, remain central to all investor-state arbitrations today.
  • Rich co-authored an open letter from a pro bono client, the American Center for Law & Justice, to Secretary of State John Kerry that was a part of the successful effort to have genocide declared against ISIS for its treatment of Christians in Iraq and Syria.
  • International Arbitration: Noteworthy Cases
    • Advise international telecommunications provider in dispute with South American government regarding exclusivity rights for nationwide telecommunications services (U.S. telecommunications provider v. South American government – ICSID Rules).
    • Advise major international tobacco company in dispute with African government regarding tax assessments. (U.S. tobacco leaf supplier v. African agricultural regulator – ICSID Rules).
    • Advise major international tobacco company in dispute with African government regarding alleged violations of local antitrust laws (U.S. tobacco leaf supplier v. African agricultural regulator – ICSID Rules).
    • Represent major U.S. wine distributor in multi-million dollar dispute with supplier arising from distribution contract (U.S. wine distributor v. South American wine supplier – ICDR Rules).
    • Advised potential claimant in dispute regarding amended services agreement for energy project in Iraq (Bahrain oilfield services provider v. UAE project manager – UNCITRAL Rules).
    • Represented claimant in contract dispute regarding sale of power generation plants (U.S. investment group v. Philippines-based investment bank – ICC Rules).
    • Represented a major international oil and gas exploration company in a Nigerian Arbitration Act Rules arbitration (UNCITRAL Model Law) and related litigation regarding a semi-submersible rig offshore Libya.
    • Represented claimant investment group in claim concerning automobile distribution agreements in India (Indian investment group v. Japanese automobile manufacturer – SIAC Rules).
    • Defended Spanish bank in claim arising from U.S. accounts (Spanish financial institution v. U.S. individual – ICDR Rules).
    • Defended computer company in a multi-million dollar claim (U.S. company v. Azerbaijan company – ICC Rules).
    • Represented claimant energy company in dispute over fees related to energy trading (International energy company v. U.S. company – ICDR Rules).
    • Represented claimant engineering company in international arbitration US$20 million claim (U.K. Company v. Korean Company – UNCITRAL Rules).
    • Represented claimant in its $46 million claim (North American Energy Company v. Chinese Corporation – ICDR Rules).
    • Represented claimant in investor-state arbitration under North American Free Trade Agreement claim for US$122 million (Agricultural Corporation v. United Mexican States).
    • Represented claimant in Investor- state arbitration claim for £16 million related to contract for mining equipment (Joy Mining Machinery Ltd. v. Arab Republic of Egypt).
    • Represented claimant in US$20 million claim based on contract for equipment (U.K. Company v. North African Company – Cairo Regional International Arbitration Centre arbitration).
    • Represented claimant in US$70 million commercial dispute against Russian company (U.K. Company v. Russian Company – ICC Rules).
    • Represented respondent telecommunications company in US$30 million claim (Chilean Company v. U.S. Company – ICDR Rules).
    • Represented claimant in its $270 million arbitration claim against the Argentine Government (Sempra Energy International v. Argentina – ICSID Rules).
    • Represented claimant in its $300 million arbitration claim against the Argentine Government (Camuzzi International S.A. v. Argentina – ICSID Rules).
    • Represented claimant in its multimillion-dollar arbitration claim against the Argentine government (International Energy Company v. Argentina – ICSID Rules).
    • Represented claimant in its multi-million dollar arbitration claim against the Argentine Government (El Paso Energy International Company v. Argentina – ICSID Rules).
    • Represented claimant in its $300 million arbitration claim against the Argentine Government (Pan American Energy LLC v. Argentina – ICSID Rules).
    • Represented claimant in its $300 million arbitration claim against the Argentine Government (BP America and BP Argentina Exploration Company v. Argentina – ICSID Rules).
    • Represented claimant in its $650 million claim against the Argentine Government (Pioneer Natural Resources Company v. Argentina – ICSID Rules).
    • Represented prominent South American entrepreneur in a $638,000 claim against U.S. company (South American entrepreneur v. U.S. company – ICC Rules).
  • International Arbitration: Advice to Clients
    • General arbitration advice on arbitration provisions and steps to preserving arbitral rights for large transactions involving companies in Africa, Asia, Europe and Latin America.
    • Advised U.S. energy company on all aspects of potential ICC Rules arbitration claim against West African government arising from production sharing agreement.
    • Advised U.S. investor on structuring investment so as to gain treaty protections for investments in Eastern European.
    • Advised U.S. energy company on potential international arbitration claim (ICSID) against African government. Specifically, provided investment structuring advice for preserving international arbitration rights and structuring investment to gain additional rights, as well as advice on potential claims.
    • Advised U.S. oilfield services company on potential international arbitration claim (ICSID) against Eastern European government.
    • Advised U.S. food products company on potential international arbitration claim concerning its investment in South American country. Specifically, provided investment structuring advice for preserving international arbitration rights and structuring investment to gain additional rights, as well as advice on potential claims.
    • Advised U.S. agricultural company regarding potential international arbitration claim concerning investment in a Central American country. Specifically, provided advice on potential claims, damages analysis, and exposure to counterclaims.
    • Provided investment structuring advice for major U.S. energy company’s investments in Latin America and China.
    • Provided investment structuring advice for Mexican construction company’s investment in Venezuela.
    • Provided investment structuring advice for U.S. agricultural company’s planned investment in the Honduras.
    • Provided investment structuring advice for English chemical company’s investment in Saudi Arabia.

Professional Highlights

  • Selected for inclusion as a "Leading Lawyer," Energy Litigation: Oil and Gas, Texas, The Legal 500 U.S. 2018
  • Selected for inclusion in The Best Lawyers in America, Arbitration, 2018-2021: International Arbitration - Commercial 2020: Woodward/White, Inc.
  • President, Houston International Arbitration Club
  • Honors & Awards
    • Named to “Texas Super Lawyers,” International Law, Super Lawyers, Thomson Reuters, 2013-2019
    • Named to "Texas Rising Stars," International Law, Super Lawyers, Thomson Reuters, 2011-2013
    • Named a "Future Star," Benchmark Litigation, 2009
  • Affiliations
    • Advisory Board, Institute for Transnational Arbitration
    • Adjunct Professor, International Commercial Arbitration & International Investor-State Arbitration, University of Texas School of Law
    • President, Houston International Arbitration Club
    • Adjunct Professor, International Arbitration, St. Gallen (Switzerland) Executive Master of International Business Law
    • Advisory Committee (Houston), International Centre for Dispute Resolution (ICDR)
    • Advisory Board, University of Texas School of Law, Kay Bailey Hutchison Center for Energy, Law & Business
    • Member, Association of International Petroleum Negotiators
    • Fellow, Chartered Institute of Arbitrators
    • Board of Advisors, Holocaust Museum Houston
    • Member, American Society of International Law, Dispute Resolution, International Courts and Tribunals
    • Member, Texas State Bar, International Law Section
    • Fellow, Texas Bar Foundation (former)
    • Member, Houston World Affairs Council
    • Steering Group & Vice-Chair, American Bar Association, Section of International Law, International Arbitration Committee
    • Houston Bar Association, International Law Section (Chair 2010-11, Vice-Chair 2009-10, Counsel)
    • Member, Houston Bar Association Law & the Media Committee (Chair 2006)
    • Member, USCI B/ICC Young Arbitrator's Forum (former)
    • Member, United Way of Greater Houston, Young Leaders (former)
  • Speaking Engagements
    • Panelist, “The Seat Matters: The Expansion and Evolution of International Commercial Courts and Global Arbitration Centers,” American Bar Association Section of International Law 2020 (Virtual) Annual Meeting, New York NY, June 23, 2020
    • Panelist, “Macondo’s 10th Anniversary: What are the Lessons Learned?,” 8th ITA-IEL-ICC Joint Conference on International Energy Arbitration, Houston, TX, January 24, 2020
    • Featured Speaker, "Political Turmoil, Government Instability, Unpredictable Economies and Trump: The International Arbitration Approach to Issues Impacting the Global Energy Market" 95th IECA Annual Conference, October 13-16, 2019
    • Presenter, "International Dispute Resolution," International Oil & Gas Law, Contracts and Negotiations Conference, Houston, TX, October 2018
    • Presenter, "Mitigating Commercial & Political Risk, The International Arbitration Option," Avoid Strike-Outs in Today's Energy Market: How to Manage Trade, Data and Compliance Risks, Houston, TX, May 24, 2018
    • Panelist, "Oil and Gas Commercial Disputes in Latin America" AIPN & ICDR Dispute Resolution in the International Energy Business, Mexico City, Mexico, November 9, 2017
    • Presenter, "Contemporary Issues in International Dispute Resolution," Texas State Bar's 29th Annual International Law Institute, Houston, TX, February 24, 2017
    • Moderator, "Key Issues in International Dispute Resolution for 2017," Texas State Bar's 29th Annual International Law Institute, Houston, TX, February 23, 2017
    • Panelist, "New Trends in Oil and Gas Investment Arbitration and Lessons Learned from Recent Decisions," International Law Institute and University of Houston School of Law's Second Houston Annual Conference, Oil and Gas Investment Arbitration 2015, Houston, TX, October 30, 2015
    • Moderator, "International Energy Dispute Resolution," International Law Section of the Texas State Bar, Annual Institute, Hot Topics in International Energy, Houston, TX, March 4, 2015
    • Moderator, "Drafting Dispute Resolution Clauses: Practices and Trends," International Centre for Dispute Resolution Miami International Arbitration Conference, International Dispute Resolution in the Americas, Coral Gables, FL, January 28, 2015
    • Arbitrator, Panelist Willem C. Vis International Commercial Arbitration Moot and related events, Vienna, Austria, April 2012-2014
    • Panelist, “International Investment Law and Dispute Settlement”, University of Pennsylvania Journal of International Law’s Symposium on International Regulation of Investment in the Rising Powers, Philadelphia, PA, November 8, 2013
    • Panelist, "The Final Curtain: Post Hearing Submissions, Deliberations and Enforcement" Joint Conference on International Arbitration, presented by the Brazilian Arbitration Committee, the Institute for Transnational Arbitration and the Arbitration and Mediation Center of the Canada-Brazil Chamber of Commerce, Sao Paulo, Brazil, September 19, 2013
    • Moderator, "Unquenchable Thirst The Outlook for Energy Disputes in Africa," American Society of International Law's 107th Annual Meeting, Washington, D.C., April 4, 2013
    • Panelist, American Conference Institute's 7th Houston FCPA Boot Camp, Houston, TX, January 23, 2013
    • Presenter, "Scenarios: Testing Your International Arbitration Clauses," Advanced Contract Risk Management for Oil and Gas program, Houston, TX, May 14, 2012
    • Panelist, "The Final Curtain: Post-Hearing Submissions, Deliberations and Enforcement" 24th Annual Institute for Transnational Arbitration Workshop, Dallas, TX, June 21, 2012
    • Presenter, "A Mock Arbitration Involving International Investment Claims Arising from the U.S. Financial Crisis," ABA International Law Section Fall Meeting, Dublin, Ireland, October 2011
    • Guest Lecturer, "Dispute Resolution Planning to Protect Assets in Emerging Markets," SMU Dedman School of Law, Dallas, TX, October 2011
    • Panelist, "The Empires Strike Back: A New Era In Investor/State Arbitration," Houston Bar Association's International Law Section, Houston, TX, October 2010
    • Presenter, "Dispute Adjudication Boards: Duties and Responsibilities Under the ICC Dispute Board Rules," presented at conference titled "Using Dispute Boards to Corral Construction Disputes," sponsored by the Dispute Resolution Board Foundation, AAA and the ABA's Forum Committee on the Construction Industry, Houston, TX, October 2009
    • Panelist, "Structuring a Career in International Law," Texas State Bar International Law Section's Student Outreach Program, Houston, TX, January 2009
    • Presenter, "The Role of In-House Counsel in International Arbitration," Houston Bar Association International Law Section, Houston, TX, January 2009
    • Presenter, "How to Protect Investments Abroad, BIT by BIT" CEE-UT New Era in Oil, Gas and Power Value program, Houston Branch-Federal Reserve Bank of Dallas, Houston, TX, May 2005, May 2006, May 2007, May 2008
    • Guest Lecturer, "The Practice of International Law," guest lecturer at The University of Texas School of Law, Austin, TX, May 2008
    • Guest Lecturer, "Investment Treaty Arbitration," The University of Texas School of Law, Austin, TX, November 2006, March 2008
    • Panelist, "The Foreign Corrupt Practices Act: New Developments and Emerging Trends in FCPA Enforcement" Houston Bar Association International Law Section, Houston, TX, January 2008
    • Presenter, "Structuring Foreign Investments for Investment Treaty Protection," International Law Section of Houston Bar Association, Houston, TX, April 2007
    • Presenter, "Wind Power and Other Renewable Energy Project" Rocky Mountain Mineral Law Foundation's Institute on Natural Resources Development in Indian Country, Albuquerque, NM, October 2005
  • Firm Publications
  • External Publications
    • Author of chapter, “Freezing Time in a Contractual Bottle: Is it Time to Reconsider Freezing Clauses in International Energy Contracts?” Rocky Mountain Mineral Law Institute (65th Annual Institute Proceedings), December 2019.
    • Co-author, “6th Circuit Ruling May Weaken Key Benefit of Int’l Arbitration,” Law360, October 4, 2019.
    • “An ICSID Tribunal Denies Jurisdiction for Failure to Satisfy BIT’s ‘Cooling-Off’ Period: Further Evidence of a Sea Change in Investor-State Arbitration or a Meaningless Ripple?” University of Houston Law Center Journal of International Law, October 31, 2011.
    • "FCPA Prosecution: Lessons Learned from Deferred and Non-Prosecution Agreements," International Bribery: FCPA Update 2011, Thomas Reuters/Westlaw Expert Commentary Series, February 2011
    • Author of chapter, Inside the Minds: Emerging Applications for ADR International ADR Developments: Innovative Approaches to Resolving New Types of Disputes, January 2010
    • Co-author, "Protecting Energy Projects From Political Risk by Treaty Planning: Pitfalls & Guidelines," American Bar Association Energy Law Journal, Winter 2009
    • Co-author, "FCPA Prosecution: Lessons Learned From Deferred and Non-Prosecution Agreements," White-Collar Crime Andrews Litigation Reporter, August 2009
    • "Importance of Choice of Arbitral Seat" Institute for Transnational Arbitration’s News & Notes Newsletter, Fall 2008
    • "Options for the Nervous Investor in Venezuela: Structuring for BIT Protection and Preserving the ICSID Option," Oil, Gas & Energy Law/Transnational Dispute Management, Special Issue on Venezuela, 2008
    • "Accounting for Uncertainty in Discounted Cash Flow Valuation of Upstream Oil and Gas Investments," Journal of Energy and Natural Resources Law, Special Issue on Energy and Natural Resources Disputes and their Resolution, Vol. 25, No. 3; Reprinted Transnational Dispute Management, November 2007
    • "ADC v. Hungary: ICSID Tribunal's application of unique valuation method and its impact on future BIT awards," Oil, Gas & Energy Law/Transnational Dispute Management, Special Issue on Compensation/Damages, June 2007
    • "Structuring Energy Projects for Investment Treaty Protection,” Rocky Mountain Mineral Law Foundation Conference on International Mining and Oil and Gas Law, Development and Investment, April 2007
    • "Wind Power and Other Renewable Energy Projects," Rocky Mountain Mineral Law Foundation Journal, 2005
    • "Civil False Claims & Qui Tam Actions Update," Page Keeton Civil Liability Conference, October 2004
    • "CMS vs. Argentina | The Decision of the International Centre for the Settlement of Investment Disputes and its main consequences for the practice," Sellier (Germany) European Law Publishers, January 2004
    • "The Commerce Clause as Shelter for Discrimination," SMU Journal of Air Law & Commerce, Fall 2002
    • "When is an Expert's Departure From Instructions Deemed to be Material," Stockholm Arbitration Report, 2002
    • "Eleventh Circuit Holds that Regulations Prohibiting the Sale of Religious Literature at Miami International Airport are Unconstitutional,” SMU Journal of Air Law & Commerce, Spring 2001

Education

J.D., Southern Methodist University Dedman School of Law, 2002

B.A., The University of Texas at Austin, 1992
Journalism

B.A., The University of Texas at Austin, 1989
English

Admissions

New York

Texas

Courts

U.S. Court of Appeals for the Second Circuit

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the Seventh Circuit

U.S. District Court for the Northern District of Texas

U.S. District Court for the Southern District of Texas

U.S. District Court for the Western District of Texas

https://www.pillsburylaw.com/en/lawyers/richard-deutsch.html

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