Fulbright & Jaworski L.L.P. partner Charles Schmerler practices in the New York location's litigation and international groups.  He has extensive experience representing foreign and domestic clients, including financial institutions and financial services providers, private equity funds, corporations and governments, in both finance matters and dispute resolution.  He has acted as lead counsel in arbitrations before the AAA and International Chamber of Commerce, and has appeared regularly before Federal and State trial and appellate courts located in New York and other jurisdictions throughout the United States.

Mr. Schmerler serves as lead counsel to major domestic and foreign financial institutions and funds for U.S. litigation and arbitration, and has represented financial institutions, corporations and governments in litigation and arbitration in the U.S. and abroad.  He represents private equity funds in a wide range of matters, including disputes resulting from investments in a broad scope of industries, and  has represented major international banks in cross-border financings and restructurings, including in their capacities as trustees and fiduciaries in bankruptcy.  He has served as lead counsel on behalf of over twenty foreign and domestic financial institution creditors of a large multinational corporation in parallel bankruptcy proceedings in the United States and Brazil, and has advised trustees and creditors in restructurings in Argentina, Mexico and elsewhere.  He serves as litigation counsel to a major foreign bank in connection with its multi-billion dollar portfolio of subprime mortgages and related instruments. His experience extends as well to representing government and corporate clients in international debt restructurings,  Chapter 11 proceedings, financings and letter of credit matters.

Mr. Schmerler also has advised both financial institutions and media companies in connection with film finance matters and film-related litigation, and he has substantial experience in First Amendment litigation, including the argument of defamation cases before the United States Court of Appeals for the Second Circuit.   He has broad experience in matters arising from the litigation of international disputes, including Act of State and Foreign Sovereign Immunities Act issues, enforcement of foreign judgments, tracing of stolen monies, service of process and taking of discovery pursuant to international treaties and conventions and attachment of assets.  Mr. Schmerler is a frequent speaker on matters of international law and litigation and has published several articles and book chapters on litigating defaults on sovereign debt and international litigation. He is the editor of a recognized treatise on the law of international insolvency published by Oxford University Press. 

Mr. Schmerler has served as counsel in the following representative matters:

• Representation of UK investment bank and Luxembourg asset fund in paralle litigations in the United States and London  in connection with investments in US technology company
• Representation of a major Canadian bank in its U.S. litigation, including real estate transactions and a seminal reported decision involving trade finance and letters of credit under New York law
• Representation of a foreign financial institution in connection with a multi-billion dollar portfolio of subprime mortgage instruments
• Representation of a private equity fund in real estate litigation involving a $100mm time share financing against the prior lender and subsequent litigation involving the developer. Client obtained a preliminary injunction and damages of approximately $40mm
• Representation of a private equity fund in litigation over control of the shares of a captive insurance company and $50mm of assets
• Representation of a major international bank in its role as trustee and fiduciary in numerous insolvencies and related corporate transactions
• Representation of a government entity export-import insurer in its US-based litigation
• Representation of over twenty international banks as creditors of an insolvent multinational corporation and in the subsequent restructuring of a bond issue by the debtor corporation
• Representation of a major foreign bank against US banks in its role as fiduciary in over $100mm of Thai-based securities
• Representation of major real estate appraisers in connection with an investigation and litigation regarding the valuation of significant New York commercial real estate properties and allegations of collusion
• Representation of a major German reinsurer in numerous disputes and litigations with US insurance companies in the United States
• Representation of African government debtors in litigation against institutional holders of over $100mm of defaulted sovereign debt

• International Bar Association
• American Bar Association - International Law Section
  • International Litigation Committee, Vice Chair
• New York City Bar Association

• American Bar Foundation, Fellow

• "International Litigation Management", Chapter 10 in International Corporate Practice, Carole Basri, Ed. (Practising Law Institute) 2007
• Editor, The Law of International Insolvencies and Debt Restructurings, Oxford University Press, 2006
• "Restructuring Sovereign Debt," in The Law of International Insolvencies and Debt Restructurings, Oxford University Press, 2006
• "Defaulted Sovereign Debt? Litigate It," New York Law Journal, February 22, 2005
• "Litigating Defaults in Sovereign Debt," New York Law Journal, April 15, 2002

• "Russians Abroad--The Experience of Russian Companies in Foreign Litigation and Arbitration", ABA Section of International Law, The Resolution of Russia-Related Business Disputes, Moscow, Sept. 21, 2009
• "US Litigation Involving Foreign Parties," PLI Conference, "The Global Subprime Crisis," New York, July 2008
• Co-Chair, "The Subprime Mortgage Crisis: Causes, Forecasts and Legal Implications," The Harvard Club, April 4, 2008
• "Civil Litigation in the Subprime Context," The Harvard Club, April 4, 2008
• "Developments in Cross-Border Insolvencies: The Changing Landscape of U.S. and Foreign Law," ABA Section of International Law, Spring Meeting, New York, New York, April 2, 2008
• "International Discovery: How to Obtain Evidence From Abroad" ABA Section of International Law, Spring Meeting, New York, NY April 2008
• "Discovery in International Arbitration", Fulbright & Jaworski Client Program, New York, NY, November 2007
• "Electronic Discovery Issues In Investigations And Litigation," ABA Section of International Law, Fall Meeting, London, England, October 2007
• "International Litigation: How to Protect yourself in the U.S. and Abroad," Association of Corporate Counsel, New York, NY, September 2006 
•  "The Role Of Commercial Banks in International Film Finance," SFi/ATLAS International Film & TV Finance Summit, Santa Monica, California, February 2006
• "Sales of Closely Held Corporations," International Bar Association Conference, Prague, Czech Republic, September 2005
• "Forbes Radio Business and Technology Report - Turnaround Management," October 2004
• "Film Finance in Latin America," Los Angeles, California, March 2004
• "Restructuring International Projects: The Role of Lawyers and Bankers," ABA Section of International Law Spring Meeting, Washington, D.C., May 2003
• "International Restructurings," NY State Bar Association, Rome, Italy, October 2002
• "Current Issues in International Debt Restructuring," Monterrey, Mexico, June 2002

1984 - J.D., Boston University School of Law
1981 - B.A., cum laude, History, Yale University

While in law school, Charles was a member of the Boston University Journal of International Law. Charles was admitted to the State of New York in 1985, before the U.S. Court of Appeals for the Second Circuit in 2000 and before U.S. District Courts for the Southern and Eastern Districts of New York in 1985.