July 17, 2026
Court Grants NWA Forum Non Conveniens Application on Behalf of ConsenSys Founder Joe Lubin
On July 17, 2026, the New York Supreme Court granted NWA’s forum non conveniens application on behalf of ConsenSys Mesh founder Joe Lubin and ConsenSys Inc. (among others), holding that 27 ConsenSys Mesh minority investors must litigate their claims seeking hundreds of millions of dollars in damages in Switzerland. Tibor Nagy argued the motion.
The investors, represented by Susman Godfrey, had claimed that Lubin breached his fiduciary duties and contractual obligations in connection with the 2021 transfer of assets from ConsenSys Mesh to ConsenSys Software Inc., a transaction necessary for the survival of ConsenSys Mesh. The Court granted the application even though Plaintiffs have complained that the Swiss forum is “inadequate” and has generated “incomprehensible” rulings in other cases they have filed.
The Court’s forum non conveniens decision comes on the heels of the First Department granting NWA’s precedent-setting victory staying all depositions in the case.
We are proud to have secured this result for our clients and look forward to the Swiss courts vindicating that the 2021 transfer was proper in all respects.
The NWA team included Tibor Nagy, Greg Wolfe, Tracy Appleton, Ben Cornfeld, Patick McGee, David Moosmann, Joe Baier, and Yiyang Wang.
From the moment we accept a case, we focus on the end result.
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