Laura Kabler Oswell

Oswell is a partner in Sullivan & Cromwell’s litigation group and a co-head of the Foreign Corrupt Practices Act and anti-corruption group. She represents companies and individuals in transaction-related matters and those involving intellectual property, securities, derivative, commercial, contract, product liability, antitrust and employment disputes.

She also advises clients in matters before the U.S. Department of Justice and the Securities and Exchange Commission. And she maintains a significant pro bono docket.

Oswell successfully represented jeweler Tiffany & Co. as the plaintiff in litigation against its would-be acquisition partner LVMH Moet Hennessy Louis Vuitton. In November 2019, the parties announced LVMH’s agreement to purchase Tiffany for about $16.2 billion. As the pandemic emerged and relations between the companies chilled—as evidenced by LVMH’s foot-dragging in seeking merger clearances and its criticism of Tiffany’s business decisions—Sullivan & Cromwell’s litigation team advised Tiffany to prepare to file suit.

When LVHH raised a claim with Tiffany that it could not complete the merger, the Sullivan team sued to within 15 hours, preempting LVHM’s plans to go public with its strategy to renege on the deal. The suit sought to compel the defendant to comply with the terms it had agreed to follow. Tiffany & Co. v. LVMH Hoe Hennessy-Louis Vuitton SE, 2020-0768 (Del. Chancery Ct., filed Sept. 9, 2020).

Oswell and her team obtained a win by persuading the court to set a highly expedited trial schedule. Less than two months later, LVMH agreed to complete the acquisition at a modestly reduced purchase price.

“Merger disputes frequently occur during an economic downturn,” Oswell said. “Parties once sitting across the table find themselves at odds. Our corporate team did a terrific job here in a fascinating and fast-moving case.”

Following client Volkswagen’s $1.2 billion settlement in the emissions-cheating litigation, Oswell continues negotiations with the U.S. Department of Justice, the Environmental Protection Agency and the California Air Resources Board relating to technical requirements for the repair of certain vehicles. And she continues to advise Volkswagen and Audi on the implementation of the planned fix and other regulatory inquires. In re Volkswagen “Clean Diesel” Marketing, Sales Practices, and Products Liability Litigation, 15-md-02672 (N.D. Cal., filed Dec. 8, 2015).

— John Roemer