Akerman LLP, a top 100 U.S. law firm serving clients across the Americas, announced today that its client, Gazeus Games Serviços de Internet S.A. (Gazeus), the largest casual and social games developer in Brazil, was granted an order of dismissal in an action filed by FM Games in California seeking a declaration that an injunction issued in a domestic arbitration that Gazeus initiated in Brazil was unenforceable in the United States against parties that did not participate in the arbitration. The injunction required Apple, Google, and other third parties in Brazil to remove mobile games from their platform based on Gazeus’ misappropriated source code.
The Akerman team argued that the action was nothing more than an illegitimate attempt to circumvent a Brazilian arbitral injunction protected by the New York Convention and that the Court in California lacked personal jurisdiction over Gazeus.
On November 21, U.S. District Judge James Donato dismissed FM Games' claims against Gazeus for lack of personal jurisdiction, concluding that the enforcement of the order issued by an arbitration tribunal in Brazil was not sufficient to subject Gazeus to the jurisdiction of the Court in California.
The Akerman team was led by International Arbitration Partner Francisco A. Rodriguez and Felipe Berer, the chair of Akerman's Brazil Practice. The team also included Los Angeles-based Partner Kanika D. Corley and Miami-based Associate Andrew J. Dominguez.
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