Laura Kabler Oswell

Oswell is head of Sullivan & Cromwell’s Foreign Corrupt Practices Act and anti-corruption group.

Like many, she’s working from home. “Restrictions are loosening,” she said in mid-October, “but most of us are staying away from the office. Things are working out surprisingly well. An undesirable situation has shown what we’re capable of. Core aspects of what we’ve said as a firm about working well as a group across many offices has happily proved out even now.”

Oswell represents Volkswagen in investigations and cross-border litigation stemming from the “clean diesel” cases involving emissions-cheating devices. She led the automaker’s negotiations with the U.S. Department of Justice, the Environmental Protection Agency and the California Air Resources Board regarding technical requirements for the repair of the 3.0-liter vehicles at issue in a $1.2 billion settlement, and she continues to advise the company on implementation of the planned fix and other regulatory inquiries. In re Volkswagen “Clean Diesel” Marketing, Sales Practices, and Products Liability Litigation, 15-md-02672 (N.D. Cal., field Dec. 8, 2015).

“We’re helping work through the monitorship that was part of the plea agreement,” she said.

Also, Oswell represented Volkswagen, Audi and Bentley Motors in a settlement of claims brought over the fuel economy ratings of about 98,000 gasoline vehicles sold or leased in the U.S. That $96.5 million settlement, which remains subject to court approval, provides for compensation to eligible customers ranging from $5.40 to $24.30 for each month the vehicle was owned or leased.

In another Volkswagen case, Oswell is defending a $750 million antitrust suit in Michigan in which a corporate plaintiff accuses the company of interfering with its proposed M&A deals through a systematic effort to block its acquisitions of component manufacturers. The plaintiff alleges that this anti-competitive behavior interfered with its business opportunities. Prevent USA Corp. v. Volkswagen AG, 2:19-cv-13400 (E.D. Mich., filed Nov. 18, 2019).

“This has to do with a supplier’s dispute,” Oswell said. “The plaintiff got no place with its complaint in Europe, so it decided to give the U.S. courts a try.”

In her motion to dismiss, filed in March, Oswell points out that the parties have been litigating the matter in German courts for the last four years and that Prevent Groups’ claims have been rejected in more than a dozen German court decisions. Now, “Seeking to forum shop,” Prevent Group brought the case to Michigan, she wrote, asking that the complaint be dismissed on forum non conveniens grounds.

She’s awaiting a ruling. “The Michigan courts seem to be functioning well,” she said. “We are moving forward.”

— John Roemer