Carl W. Oberdier

Partner

Carl W. Oberdier is a New York litigator who handles complex commercial litigations and international and domestic arbitrations. His cases have involved contracts, partnership and other business disputes, private equity and venture capital, real estate and construction, finance, securities, corporate governance, trademark, trade dress, trade secrets, copyright, patents, digital piracy, economic espionage, e-commerce, unfair competition, bankruptcy, class actions, employment, and products liability. He has served as an expert witness on the laws of New York, Delaware, California, and the United States in international arbitrations and foreign court proceedings.

In addition to his U.S. clients, Mr. Oberdier has represented clients from China, Japan, Korea, Singapore, the U.K., the Caribbean, the Czech Republic, France, Italy, and Switzerland. Mr. Oberdier has won early dismissals of lawsuits on behalf of many of these clients under the Foreign Sovereign Immunities Act, the Act of State Doctrine, the doctrine of forum non conveniens, for lack of personal jurisdiction, or failure to plead a claim. In other cases that were not dismissed, Mr. Oberdier has obtained successful results on behalf of his clients at trial or settlement.

Representative Clients

Mr. Oberdier’s non-U.S. clients at Oberdier Ressmeyer include:

• Companies in the HNA Group
• One of the world’s largest telecommunications companies
• A manufacturer of digital random access memory (DRAM) chips
• China Civil Engineering Construction Corporation
• EOC Pharma (Hong Kong) Limited
• Harvest Funds Management and Harvest Global Investments
• One of the top four largest global banks
• The largest private equity fund in China
• A developer of industrial cities in China
• A Chinese manufacturer of satellite television equipment and other digital technology
• A Chinese manufacturer of bathroom ceramics
• A Chinese state-owned manufacturer of iron and steel
• A global law firm
• A Chinese manufacturer of large brazed aluminum heat exchangers
• Two Czech businessmen and investors
• A Hong-Kong based international distributor of mobile phones
• Two foreign government agencies
• An Italian general contractor for large industrial plants
• Italian and Tunisian manufacturers of luxury jewelry
• The largest Italian aerospace engine manufacturer

Mr. Oberdier’s United States clients at Oberdier Ressmeyer include:

• A bankruptcy trustee in a bankruptcy of a large financial firm
• Several large commercial banks and financial services firms
• A New York real estate developer
• A New York real estate broker
• A Silicon Valley venture capital firm
• A Salt Lake City TechBio pharmaceuticals company

Notable Representations

Mr. Oberdier has served as lead counsel in numerous high-stakes commercial arbitrations and litigations, which he won or settled on favorable terms. Mr. Oberdier’s representations at Oberdier Ressmeyer include:

• Won summary judgment on liability and dismissing counterclaims for $66 million on behalf of plaintiff limited partners and guarantor in real estate development dispute. HNA Holdings 422 Fulton (GP) LP v. TSCE 2007 422 Fulton GP, L.L.C., 2025 NY Slip Op 31121(U), 2025 N.Y. Misc. LEXIS 2045 (Sup. Ct. N.Y. Cty. Mar. 26, 2025).
• Won dismissal of commercial landlord’s claims on behalf of defendant commercial tenant after bench trial. Panagiotou v. Ramnarain, Index No. 718823-2018 (Queens Cty. Sup. Ct. Apr. 3, 2025) (NYSCEF 139).
• Intervened on behalf of general contractor in a light railway construction project in Colombia, obtained dismissal of application seeking pre-arbitration injunction against draws on letters of credit. AECOM Tech. Servs., Inc. v. Credit Agricole CIB, 2023 NY Slip Op 33233(U), 2023 N.Y. Misc. LEXIS 5588 (Sup. Ct. N.Y. Cty. Sept. 18, 2023).
• Won dismissal of a RICO action for $1 billion in damages by investors in a European real estate development company against its principal, several corporate and financial institutions, and other investors. Kingstown Capital Mgmt., L.P. v. Vitek, No. 19cv3170 (DLC), 2020 U.S. Dist. LEXIS 162445 (S.D.N.Y. Sep. 4, 2020), aff’d, No. 20-3406, 2022 U.S. App. LEXIS 24726 (2d Cir. Sep. 1, 2022).
• Obtained a voluntarily dismissal of a claim against Alliance Telecom Ltd, a Hong-Kong based international distributor of mobile phones. Steven Mitnick, as Assignee for the benefit of Creditors of Group, Inc. v. AAA Auto Sales, Inc., et al., HNT-L-000404-21 (Super. Ct. N.J. Sept. 14, 2021).
• Won verdict after a bench trial dismissing claims against foreign manufacture of household ceramics products alleged to be liable under an alter ego theory for a judgment against its insolvent U.S. subsidiary. In re Ayers Bath (U.S.A.), Co., No. 2:13-bk-17409-RK, 2021 Bankr. LEXIS 2628 (Bankr. C.D. Cal. Sep. 22, 2021), adopted by Foremost Grps. Inc v. Tangshan Ayers Bath Equip. Co. Ltd., No. 2:14-cv-00188-SVW-RZ, 2022 U.S. Dist. LEXIS 189518 (C.D. Cal. Oct. 17, 2022).
• Won an arbitration award invalidating a $200 million investment contract that opposing party sought to enforce, substituting a new contract with more favorable terms, rejecting the adversary’s damage claims of $500 million, and awarding only nominal damages of net $100. (Confidential, award issued in June 2019).
• Successfully opposed proceeding commenced by U.S. plaintiffs attempting to compel production of files held in the foreign office of a global law firm by serving a subpoena on its U.S. office. Linglong Americas, Inc., et al. v. Horizon Tire, Inc., et al., 1:18-mc-00255 (S.D.N.Y. filed June 11, 2018), and Linglong Americas, Inc., et al. v. Horizon Tire, Inc., et al., 1:18-mc-00317 (S.D.N.Y. filed July 3, 2018).
• Obtained post-default, voluntary dismissal of suit for lack of subject matter jurisdiction. Odes UTVS LLC v. Beijing BeiQi Mo Ltd., 5:16-cv-01268 (Dec. 14, 2017) (Dkt. 45).
• Settled favorably a large copyright and trade dress litigation on behalf of a world-famous luxury jewelry brand. Idea Italiana s.r.l., et ano v. Cantamessa USA, Inc., et al., 12-cv-08205 (S.D.N.Y., filed November 9, 2012).
• Obtained a voluntary dismissal with no damages in a secret trade lawsuit on behalf of a foreign manufacturer of brazed aluminum heat exchangers. Chart Energy & Chemicals, Inc. v. SME Associates, Inc., et al., Cause No. 2011-25678 (151st Dist. Tex., filed April 27, 2011).
• Obtained settlements of $5.35 million on behalf of a bankruptcy trustee on claims against two global banks under federal RICO, New Jersey RICO, and other business tort theories. In re Liberty State Benefits of Delaware, et al., Case No. 11-12404 (Bankr. D. Del., filed July 29, 2011); Barry v. Santander Bank, N.A., Adv. No. 14-50020 (Bankr. D. Del., filed Jan. 10, 2014).
• Served as an expert witness on the laws of New York and other U.S. jurisdictions in an international arbitration arising out of contracts with a U.S. manufacturer to supply heaters to Pangang’s titanium dioxide factory. The party retaining Mr. Oberdier obtained a favorable award, and Mr. Oberdier’s expert fees were awarded in full against the opposing party. Pangang Gp. Int’l Econ. & Trading Co., Ltd. et al v. Petro-Chem Dev. Co., Inc., 1:15-cv-09586 (LGS) (Dkt. 4-1) (S.D.N.Y. filed Dec. 8, 2015).
• Settled, on behalf of a Chinese state-owned entity, an arbitration enforcement action for 100% of the sum awarded plus interest. Pangang Group Int’l Econ. & Trading Co. Ltd. v. Petro-Chem Dev. Co., Ltd., 1:15-cv-09586 (S.D.N.Y).
• Settled on favorable terms two lawsuits and an arbitration on behalf of large Chinese and Hong Kong investment managers arising from a dispute with their U.S. distributor. Krane Distribution LLC v. Harvest USA, Inc., C.A. No. 9673-VCG (Del Ch. Ct., filed May 20, 2014); Krane Distribution LLC v. Harvest Global Investments Ltd., 14-cv-3589 (S.D.N.Y, filed May 19, 2014).
• Won a dismissal of a securities class action and shareholder derivative complaint on behalf of the largest private equity fund in China for lack of personal jurisdiction and failure to state a claim. Tarsavage v. CITIC Tr. Co., 3 F. Supp. 3d 137 (S.D.N.Y. 2014).
• Won a reversal on appeal of a lower court judgment for non-payment of a broker’s commission in a large, commercial real estate transaction. Colliers ABR, Inc. v. Famurb Co., 2012 WL 6012992 (N.Y. App. Div. 1st Dep't 2012).

Awards and Honors

• New York Metro Super Lawyers, Super Lawyers Magazine (2013 – 2025)