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International Arbitration
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December 05, 2024
Insurers Say Hurricane Damage Suit Still Must Be Arbitrated
A group of insurers is urging a Louisiana federal court not to reopen litigation over millions of dollars of hurricane damage that was previously ordered into arbitration, saying a new decision on the arbitration of insurance matters from the state's top court doesn't trump a related Fifth Circuit opinion.
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December 05, 2024
3rd Circ. Affirms ConocoPhillips Ruling On $8.5B Debt
The Third Circuit on Thursday affirmed a ruling paving the way for ConocoPhillips' participation in an auction for control of the U.S. oil giant Citgo to enforce an $8.5 billion debt against Venezuela.
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December 05, 2024
Justices Told 9th Circ. Got Test Wrong In $1.3B Award Fight
Indian satellite communications company Devas Multimedia and its shareholders have each submitted briefs to the U.S. Supreme Court urging the justices to nix the Ninth Circuit's decision to refuse enforcement of a $1.3 billion arbitral award against a state-owned division of India's space agency.
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December 04, 2024
$486M Djibouti Award Fight Settled In DC
A port operator has agreed to end litigation to enforce a $486 million arbitral award issued against Djibouti, several months after the D.C. Circuit ruled that Quinn Emanuel Urquhart & Sullivan LLP would have to prove it had authority to represent the company.
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December 04, 2024
Guo Trustee Balks At Boies Schiller's Clawback Transfer Bid
The Chapter 11 trustee overseeing Chinese exile Miles Guo's bankruptcy in Connecticut says Boies Schiller Flexner LLP should not be allowed to move a nearly $654,000 clawback action from bankruptcy court to district court, suggesting a bankruptcy judge is better poised to consider his asset recovery theories.
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December 04, 2024
Chinese Semiconductor Co. Seeks OK Of Emergency Award
A Chinese semiconductor company has asked a California federal court to enforce an emergency arbitral award barring a commodity trading firm from dissipating its assets as the two companies arbitrate a $5.4 million dispute over a botched contract for two lithography machines.
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December 03, 2024
DC Circ. Won't Revisit Energy Cos.' $377M Suits
The D.C. Circuit will not rehear a case brought by renewable energy investors looking to enforce some $377 million in arbitral awards against Spain over nixed economic incentives, declining to revisit its ruling over the summer that the awards can be enforced.
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December 03, 2024
DOJ Plans To Seize $3.4M From Sanctioned Russian Oligarch
The U.S. Department of Justice is looking to seize $3.4 million from Russian oligarch Oleg Deripaska based on the sale of a music studio in Burbank, California, saying he must forfeit the sale proceeds because they're linked to his sanctions violations.
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December 03, 2024
Justices Skeptical Of Hungary Holocaust Seizure Fight Ruling
A D.C. Circuit decision greenlighting expropriation claims brought by Holocaust survivors against Hungary may be in jeopardy after a hearing Tuesday during which the U.S. Supreme Court appeared receptive to arguments that the historical commingling of assets is not enough to overcome the country's sovereign immunity.
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December 03, 2024
Former OFAC Official Joins Hughes Hubbard In DC
Hughes Hubbard & Reed LLP has announced that a former lead sanctions investigator and analyst at the Office of Foreign Assets Control has joined the firm's Washington, D.C., office as a partner in its sanctions, export controls and anti-money laundering practice.
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December 02, 2024
Russia Looks To 4 FSIA Cases In Bid To Stay $5B Award Suit
Russia urged a D.C. federal judge to pause a case against it by a Yukos Oil Co. unit seeking to enforce $5 billion in arbitral awards, saying Monday that four parallel Foreign Sovereign Immunities Act cases are pending before the Supreme Court and the D.C. Circuit that could affect the suit.
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December 02, 2024
Two Latham Lawyers In Paris Head To De Gaulle Fleurance
Two international arbitration lawyers have departed Latham & Watkins Paris to join French firm De Gaulle Fleurance & Associes, where they plan to help launch an Ibero-American disputes practice.
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December 02, 2024
ByteDance Says Ex-Worker Can't Avoid Counterclaims
TikTok's parent company, ByteDance, says a former engineer shouldn't be able to dodge its counterclaims in a dispute stemming from his termination, arguing that just because he wants to drop his allegations doesn't mean those counterclaims are moot.
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December 02, 2024
Mining Cos. Ask Justices To Sink Peruvians' Pollution Claims
The Renco Group Inc., owned by U.S. billionaire Ira Rennert, has asked the U.S. Supreme Court to overturn an Eighth Circuit ruling that greenlit a lawsuit filed by more than 2,000 Peruvians who are seeking to hold The Renco Group and other companies liable for alleged lead poisoning tied to a smelting and refining complex in rural Peru.
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November 27, 2024
Ex-Disney Cruise Line Employee's Claim Sent To London
A Florida federal judge has ordered a former Disney Cruise Line employee to arbitrate in London his claim that the company wrongly fired him after he twice tested positive for marijuana, disagreeing with the man that Disney had waited too long to file its bid for arbitration.
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November 27, 2024
Special Master In Citgo Sale Suit Goes Back To Drawing Board
The special master overseeing the sale of Citgo's parent company in a proceeding aimed at satisfying billions of dollars in Venezuelan debt has agreed to abandon his proposed sales plan after it became clear how little support it had garnered from creditors, he told a Delaware judge on Tuesday.
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November 27, 2024
Stephenson Harwood Says Trade Export Co. Owes $100K In Fees
U.K.-based Stephenson Harwood LLP has sued an Alabama trade export company that specializes in Latin America, saying it owes more than $100,000 in legal fees after the law firm pursued arbitration on the company's behalf against London-based accountancy firm Parker Lloyd Ltd.
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November 27, 2024
Up Next At The High Court: Transgender Care, Holocaust Art
The U.S. Supreme Court will return to the bench Monday for its December arguments session, which will include blockbuster questions about the constitutionality of state laws banning gender-affirming care for transgender minors and whether Hungary can be held liable for property stolen during World War II.
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November 27, 2024
Better, Faster, Stranger: What Attys Think Of Our AI Future
Law firms are increasingly embracing the use of artificial intelligence, wary of its limitations but enchanted by its potential to transform the practice of law through smaller headcounts and cheaper litigation.
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November 26, 2024
King & Spalding Partner Selected As Trump's Trade Rep
President-elect Donald Trump on Tuesday announced that King & Spalding LLP international trade partner Jamieson L. Greer was his pick for U.S. trade representative, noting that Greer played a "key role" in imposing tariffs on China during Trump's first term.
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November 26, 2024
3M Says $6B Settlement Docs Needed In AIG Europe Fight
3M is urging a Florida federal court to release information relating to its recently inked $6 billion deal ending claims over allegedly faulty combat earplugs to a London arbitral tribunal, which is tasked with determining whether insurer AIG Europe Ltd. is wrongly refusing to pay its share of the historic pact.
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November 26, 2024
Bulgarian Co. Says Fight Over $7M Can't Go To Arbitration
A Bulgarian contractor has asked an Illinois federal court not to pause a local bank's litigation seeking to determine the proper owner of $7 million it's holding in escrow related to a dispute over a natural gas construction project, saying a parallel arbitration proceeding is irrelevant.
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November 26, 2024
2nd Circ. Nixes VR Capital Venezuela Fraud Suit
The Second Circuit has refused to revive VR Capital's lawsuit accusing Venezuela's state-owned oil company of fraud in connection with its issuance of some $2 billion in since-defaulted bonds, ruling Tuesday that the asset manager hadn't adequately pled its case.
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November 26, 2024
New Orleans Property Owner Revives Bid To Nix Arbitration
A New Orleans property owner has again urged a Louisiana federal judge to overturn his order forcing it to arbitrate a $7 million Hurricane Ida damage claim with 11 insurers for a block of luxury apartments and retail shops, pointing to a recent ruling by the state's top court.
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November 25, 2024
Uber Negligence Case Can Be Arbitrated, NY High Court Says
New York's highest court affirmed on Monday that a woman who was struck by a car upon exiting an Uber in Brooklyn must pursue her negligence claims in arbitration, after a divided panel upheld the rideshare company's "clickwrap" arbitration agreement.
Expert Analysis
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Series
Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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Key Points From New Maritime Oil Price Cap Advisory
The Price Cap Coalition's updated advisory regarding the maritime oil industry's compliance with the Russian oil price cap highlights the role of governmental authorities, additional areas warranting due diligence and the need for training programs, say attorneys at Miller & Chevalier.
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Takeaways From Final Regulations For China Investment Ban
The U.S. Department of the Treasury’s final rule banning U.S. investment in emerging Chinese technology clarifies some key requirements, includes additional exceptions for covered transactions and attempts to address concerns that the rule will put U.S. businesses at a competitive disadvantage, say attorneys at Simpson Thacher.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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When Investigating An Adversary, Be Wary Of Forged Records
Warnings against the use of investigators who tout their ability to find an adversary’s private documents generally emphasize the risk of illegal activity and attorney discipline, but a string of recent cases shows an additional danger — investigators might be fabricating records altogether, says Brian Asher at Asher Research.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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Decoding Arbitral Disputes: State Immunity And ICSID Awards
In a landmark decision in cases involving Spain and Zimbabwe, the English Court of Appeal grappled with the intersection of state immunity and the enforcement of arbitration awards, setting a precedent for future disputes involving sovereign entities in the U.K, says Josep Galvez at 4-5 Gray's Inn.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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2nd Circ. Halkbank Ruling Shifts Foreign Immunity Landscape
Following the Second Circuit’s recent common law immunity ruling in U.S. v. Halkbank, foreign state-owned banks, wealth funds and other entities now must seriously consider the risk of criminal liability for commercial activity that violates U.S. laws, say attorneys at Debevoise.
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The Int'l Arbitration Diversity Landscape By The Numbers
Attorneys at Crowell & Moring explore the current statistical demographic data of the international arbitral community, highlight recent diversity initiatives and present strategies for fostering diversity in arbitration.
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from Practical Guidance
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.