Max E. Schmidt is a founding partner of Schmidt, Volsky & Perle LLP and the managing partner of our New York office. In this role, Mr. Schmidt has primary responsibility for the legal and managerial aspects of our principal office. Mr. Schmidt’s extensive professional experience and zealous advocacy allow him to represent his clients in the most complex legal matters and achieve the best results in the most difficult circumstances. His area of expertise encompasses international and U.S. immigration law, with a particular emphasis on corporate employment-related nonimmigrant and immigrant visas for executives, managers, professionals, and investors. Mr. Schmidt’s vast legal experience also includes international and domestic alternative dispute resolution. Max Schmidt and his partners have recently won a case in the Arbitration Institute of the Stockholm Chamber of Commerce against one of the largest financial corporations, obtaining a multi-million dollar award for the client. Mr. Schmidt is fluent in English and Russian.
Max Volsky is a founding partner of Schmidt, Volsky & Perle LLP. Mr. Volsky’s transactional practice is dedicated to international commercial and business law, with an emphasis on cross-border M&A transactions in the Oil & Gas, Chemicals, Manufacturing, Retail, Banking and Finance industries. Mr. Volsky’s litigation practice focuses on international commercial arbitration in New York, London and Stockholm. His recent successes include a verdict in Stockholm and Temporary Restraining Order in New York against one of Russia’s largest financial institutions.
Mr. Volsky is also a recognized expert in litigation finance and a pioneer of the litigation finance industry. He has been instrumental in fostering the growth of this market for more than a decade, having overseen more than 10,000 investments in legal claims. He is the founder and Chief Investment Officer of LexStone Capital, which invests in commercial claims in North America. Mr. Volsky recently authored the first book about litigation financing, titled Investing in Justice: An Introduction to Legal Finance, Lawsuit Advances and Litigation Funding.
He is fluent in English and Russian, with a working knowledge of Spanish.
Michael R. Perle is a founding partner of Schmidt, Volsky & Perle LLP. He is a graduate of the University of Pennsylvania and Georgetown University Law Center. At Georgetown he received the American Jurisprudence Awards in both Evidence and Equity.
Mr. Perle has practiced law for over 40 years and been “AV” rated by Martindale Hubbell for over 25 years. He is a member of the bars of both New York and New Jersey, and admitted to practice before the Second, Third and District of Columbia Circuits, and the United States District Courts for the Southern and Eastern Districts of New York, and District of New Jersey. In addition, he has been admitted to practice pro hace vice, and appeared in federal district courts in the Eastern District of Pennsylvania, and District of Connecticut, and in the Superior Court of Georgia. During his career, he has represented clients in matters involving many areas of the law, including complex public and private financing, general business transactions, litigation financing, civil and criminal appeals and defense of attorneys in ethics proceedings, as well as in a wide array of litigation in both federal and state courts involving corporate, shareholder and partnership disputes, securities fraud, insurance coverage disputes, professional accreditation, secured transactions, class actions, RICO and criminal defense.
Mr. Perle has been in public service as Peace Corps volunteer in Guatemala, Deputy Attorney General, and First Assistant, New Jersey, Division of Criminal Justice-Appellate Section, and General Counsel of the Essex County Improvement Authority, the public development and capital improvement agency of Essex County, the largest county in New Jersey.
While in law school Mr. Perle clerked at Arnold & Porter, Washington, D.C. He has practiced with several law firms including Zuckert, Scoutt & Rasenberger, Washington, D.C. (associate); Teltser, Byrne & Greenberg, New Jersey (the firm of former Governor Brendan Byrne) (associate/later partner); Teltser & Perle, New Jersey (partner); Shain, Hayden, Perle, Rafanello & Schaffer, New York and New Jersey (partner); Hayden, Perle & Silber, New York and New Jersey (partner).
He is fluent in English and Spanish.
Ms. Vishev is Of Counsel to Schmidt, Volsky & Perle LLP and focuses her practice on intellectual property law matters, including patents and industrial designs, trademarks and service marks, copyrights, trade secrets, and information technology. Since 1998, Ms. Vishev has been preparing and prosecuting patent applications covering innovations that span the technological spectrum, from financial products and software to wireless technology and consumer electronic devices. Her experience extends to appeals, interferences, cancellations and opposition proceedings within the U.S. Patent and Trademark Office. Ms. Vishev also has extensive legal experience with patent, trademark and copyright litigation on behalf of intellectual property owners as well as alleged infringers. She regularly works with clients to develop litigation strategies to maximize returns on a cost effective basis. Prior to joining our firm, Ms. Vishev worked for Schulte Roth & Zabel LLP and Ostrolenk, Faber, Gerb & Soffen, LLP.
Marc Harris Ruskin is a founder of Ruskin Law Office LLC and Of Counsel to our New York office. As a criminal defense attorney, he represents individuals facing felony and misdemeanor charges. Mr. Ruskin began his long professional career researching legal issues and drafting briefs in U.S. District Court and Office of the New York State Attorney General. After completing studies in 1981, Mr. Ruskin served as Assistant Brooklyn District Attorney for 4 years, focusing on major felony cases, as well as investigating complex economic crimes and supervising legal personnel. In 1985 Mr. Ruskin joined Federal Bureau of Investigation where he served till 2012, working his way up from a Special Agent Security Officer to Supervisory Special Agent and Legal Attaché after that. As an undercover agent, he served in long-term, short-term, and cameo roles in diverse areas, to include Financial Fraud, Public Corruption, Organized Crime, Narcotics, Foreign Corrupt Practices Act (FCPA), Insurance Fraud, Health Care Fraud, Terrorism, and classified investigations. As Supervisory Special Agent of Undercover Safeguard Unit of Criminal Investigative Division, he prepared annual budget, supervised agent and support personnel, authorized selection and utilization of all undercover agents assigned to FBI investigations worldwide. Consequently, Mr. Ruskin received a long-term assignment in Buenos Aires as Legal Attaché, covering regions of Argentina, Uruguay, and Paraguay, combining it with short-term assignments in Paris and Madrid. In this capacity, he regularly interacted at all levels with national and provincial officials, including cabinet ministers, chiefs of national police forces and intelligence services. Additionally, he carried out significant liaison with Interpol, with high-ranking judicial and prosecutorial authorities, as well as private sector upper management. Mr. Ruskin coordinated with Department Of State Regional Security Officer in implementation and execution of security policies for U.S. Embassy and Embassy Personnel, served as Advisor to the Minister of the Interior and the Attorney General of Paraguay in the kidnapping of former Miss Paraguay. Mr. Ruskin is a native speaker of English, French and Spanish languages and proficient in Mandarin. He was invited as Guest Lecturer at North Carolina Central University, Department of Criminal Justice (Durham, NC), John Jay College of Criminal Justice (New York, NY) and the Police Academy of Rockland County (NY).
David E. Tyagay is a foreign partner of Schmidt, Volsky & Perle LLP and managing attorney of our Moscow office. He is also a founding partner and managing attorney of a prominent Moscow law firm Legist. Mr. Tyagay is a recognized expert in commercial, civil and international law. His practice also includes domestic and international arbitrations, tax law and securities. Prior to co-founding Legist in 1990, Mr. Tyagay has amassed more than ten years of experience as an executive in the Ministry of Justice where he held a position of Deputy Chief of the Commercial Law Department. He has also served as Member of the Expert Council for the Securities and Stock Market Legislation of the State Duma (equivalent of the U.S. House of Representatives) of Russian Federation. Mr. Tyagay has authored more than ten scholarly publications on business and commercial law. He is a native Russian speaker and is conversant in English.
With a global presence, clients and connections around the world, we understand the language of international law. Our New York office is located near Wall Street, in the heart of the world’s financial capital. From here we serve many clients locally in Manhattan and the surrounding boroughs, while also maintaining a strong international practice to help our foreign clients conclude business transactions and resolve complex international disputes in North America and abroad.
In choosing to conduct business in the United States, citizens of other countries should keep in mind that business entities are formed under the laws of each of the 50 states, not the U.S. Federal Government. Most other laws that will affect your business are also enacted on a state rather than federal level. Our firm can help you navigate the various state laws and assure that your business succeeds. Our lawyers are leaders in providing innovative advice in complex business transactions, carefully guiding our clients through the legal issues that affect their operations in today’s highly competitive, high-speed business environment
Schmidt, Volsky & Perle LLP is a multi-practice law firm, providing creative cross-border solutions to help you and your business succeed. With our principal office located in Manhattan near Wall Street and a worldwide network of associated offices, we provide services to companies, emerging businesses, governmental entities, organizations and individuals.
Today’s environment requires an international approach to business. Our attorneys have handled some of the most challenging legal problems in both common law and civil law jurisdictions for more than a decade.
We share our clients’ entrepreneurial spirit. Combining legal and business knowledge, our firm strives to redefine the traditional role of law firms by providing innovative legal and consulting solutions. We are known as creative thinkers with the ability to find the best and often most unique business solutions for our clients. Whatever the problem and wherever it arises, our locally qualified lawyers can work individually or in specially assembled teams to deliver the best result. We understand how to foster companies at all stages of their development and can help you succeed in today’s dynamic global marketplace.
We are a multi-practice law firm, providing creative cross-border solutions to help you and your business succeed.
The globalization of business has led to increased commercial relationships between international companies. As disputes arise, the parties will need to agree on the appropriate forum for resolving such disputes. In recent years, international arbitration has emerged as a trusted dispute resolution forum for many companies that do business with foreign counterparties, particularly with companies from developing economies.
It is common for international commercial contracts to include arbitration clauses where the parties agree that any disputes will be resolved through arbitration, often according to a set of institutional rules, such as ICC, SCC, LCIA or SIAC. The clauses also frequently specify the place of the arbitration.
Arbitration has become popular for a number of reasons, including:
A party often prefers not to litigate a case in the home courts of another party. This may have to do with the legal system’s lack of transparency, sophistication, or for other reasons. International arbitration can provide a neutral forum for litigants.
Arbitration awards are readily enforceable throughout the world. The 1958 New York Convention — a multilateral treaty for the enforcement of arbitral awards that was signed by more than 145 countries – provides a streamlined enforcement mechanism for arbitration decisions in signatory countries.
Unlike court proceedings that are typically in the public domain, international arbitration is confidential. Parties that are concerned about sensitive information may prefer arbitration due to the protections against public disclosure of information.
Arbitration rules are flexible and less complex than most civil procedures, allowing parties from different legal systems to understand and manage the dispute resolution process. The parties can also selecting the place of arbitration, the governing law, and the arbitrators that will hear the case.
Parties have broad discretion to select arbitrators based on their familiarity with relevant business practices or a narrow technical issue, as well as for their knowledge of different national laws.
As the rhetoric between Russia and the West continues to heat up, many foreign companies are concerned about the threat of asset seizures in Russia.
While it is difficult to imagine that Russia would implement a systematic policy of seizing assets belonging to foreign companies, particularly since foreign enterprises are so pervasive in the local economy, Russia has nevertheless made clear that foreign companies operating in the country face the risk of having their assets seized.
For example, the Russian government has recently introduced a bill to parliament that allows the confiscation of property belonging to foreign states. Officially titled “On the legal immunity of foreign states and the property of foreign states in the Russian Federation,” the new law waives states’ sovereign immunity. The government publicly approved a version of the law drafted by the Justice Ministry for the first time on July 21 and it is expected to become effective in January 2016.
According to a government website, “The draft law is aimed at protecting Russian interests by abandoning the concept of the absolute jurisdictional immunity of foreign states in Russia, which will make it possible to implement measures in response to claims filed against Russian property abroad.”
This law comes after President Vladimir Putin announced in June that Russia was ready to implement “reciprocal measures” after bailiffs in France and Belgium briefly arrested real estate and accounts belonging to the Russian state, citing European court rulings awarding substantial damages to the owners of Yukos.
Russia has also signaled that seizures may also extend to non-state assets. In a letter to the US Department of State, it warned that any moves against Russian property would be grounds for “adequate and commensurate reciprocal measures against the US, its citizens and legal entities” in Russia.