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International Arbitration
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February 14, 2024
Spain Says €23.5M Award To Japanese Co. Can't Be OK'd
Spain is urging a D.C. federal court to nix a Japanese investor's petition to enforce a €23.5 million ($25.2 million) arbitral award it won after Madrid dialed back economic incentives for renewable energy projects, arguing that doing so would force the country to violate European Union law.
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February 14, 2024
Dem Lawmakers Back Biden's Pause On Digital Trade Policy
Dozens of Democratic lawmakers praised the Biden administration's decision to step back from earlier endorsements of international norms for digital trade, saying in a letter to the White House that its caution respects Congress' role in regulating Big Tech.
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February 14, 2024
TMZ Ordered To Pay $300K In Atty Fees Over Bus Tour Case
A California federal judge on Monday ordered TMZ to reimburse a Hollywood bus tour operator almost $300,000 in attorney fees after the operator convinced the court to vacate an arbitration award favoring the celebrity news provider based on an arbitrator's failure to disclose relevant information.
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February 14, 2024
International Arbitration Group Of The Year: Covington
Covington & Burling LLP was able to convince an international tribunal last April to order Russia to pay $5 billion to Naftogaz after the Kremlin seized the Ukrainian state-owned oil and gas company's Crimean assets, earning the firm a spot among Law360's 2023 International Arbitration Groups of the Year.
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February 14, 2024
Rosenblatt Opens Arbitration Practice With New Partner Duo
Rosenblatt has launched a new international arbitration practice in London to be headed by two recent partner hires from Bryan Cave Leighton Paisner and LMS Legal amid growing demand for specialized arbitration experts in cross-border disputes.
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February 13, 2024
Indian Satellite Co. Wants Justices' View On US Courts' Purview
The Ninth Circuit erred in ruling it had no jurisdiction over a commercial division of an Indian space agency and, therefore, could not enforce a $1.3 billion arbitral award, an Indian satellite company said in its request to stay the ruling while it takes the matter up with the U.S. Supreme Court.
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February 13, 2024
Wireless Tech Co. Can't Get $12.5M Award OK'd At 4th Circ.
The Fourth Circuit on Tuesday overturned the enforcement of a $12.5 million arbitral award issued in a trade secrets dispute between wireless technology companies, ruling in a published opinion that the lower court lacked jurisdiction under the U.S. Supreme Court's 2022 decision in Badgerow v. Walters.
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February 13, 2024
Indian Pharma Co. Can't Get Fees In $950M COVID Vax Suit
A Seattle federal judge has nixed an Indian generic-drug maker's bid for about $3 million in attorney fees after it prevailed in a biotherapy company's $950 million lawsuit accusing it of stealing its COVID-19 vaccine, saying the maker didn't convince him it spent extra money litigating the suit.
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February 13, 2024
Ship Co. Seeks 5th Circ. Redo On $200M Award Enforcement
A German shipowner has asked the Fifth Circuit to reconsider whether to enforce a $200 million arbitral award it won following a deadly chemical explosion on its vessel, saying it never had a chance to respond to the argument that ultimately led to the decision.
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February 12, 2024
Live Nation Buyers Urge 9th Circ. To Nix Arbitration Rules
Consumers suing Live Nation and Ticketmaster in a proposed antitrust class action have told the Ninth Circuit that a district court correctly ruled the companies' failure to tell ticket buyers they were switching to a new arbitrator is "procedurally unconscionable to an extreme degree."
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February 12, 2024
Kuwaiti Co. Sees $380M Telecom Investment Claim Revived
An annulment committee has revived Agility Public Warehousing Co. KSC's claim accusing Iraq of wrongly rescinding the Kuwaiti logistics contractor's $380 million investment in a Kurdish mobile phone operator called Korek Telecom, said to be Iraq's fastest growing mobile operator.
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February 12, 2024
Andes, Oxy Resolve $392M Ecuadorian Award Fight
An Occidental Petroleum unit has resolved its feud with a Chinese-owned oil company over a $392 million arbitral award stemming from an ill-fated Ecuadorian oil project, a case that Occidental was attempting to appeal all the way to the U.S. Supreme Court.
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February 09, 2024
Live Nation Defends 'Modest' Arbitration Tweaks At 9th Circ
Live Nation Entertainment Inc. told the Ninth Circuit that a California district judge was wrong to remove ticket buyers' antitrust claims from arbitration simply because the company changed arbitrators.
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February 09, 2024
Gateley Hires Nigerian Lawyer To Lead Arbitration In Africa
Gateley Legal's international arbitration team has announced its engagement of a Nigerian qualified disputes lawyer to lead its African practice, saying she will focus on supporting the expansion of the firm's disputes services across multiple jurisdictions.
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February 09, 2024
US Business Group VP Slams Tai's Digital Trade Stance
The National Foreign Trade Council published an essay Friday bashing the U.S. Trade Representative as the odd one out on e-commerce policy among both U.S. lawmakers and international partners, broadcasting the business community's ongoing frustration with the Biden administration.
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February 09, 2024
Industry Groups Call For Wider Effort To Stop Houthi Attacks
More than 100 industry groups are calling for more governments to support military efforts to stop attacks on commercial vessels in the Red Sea by Yemen's Houthi rebels, which they said have disrupted at least $80 billion in cargo in recent months.
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February 09, 2024
EB-5 Visa Fraud Suit Should Be Stayed, Court Hears
A man accused of defrauding green-card hopefuls of millions of dollars through a visa program for foreign investors has asked a Florida federal court to pause claims against him while he appeals a decision refusing to send the case to arbitration.
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February 09, 2024
Court Says 'Catastrophe' Applies In COVID Reinsurance Cases
A London court has allowed insurers to make claims under reinsurance contracts for business interruption losses claimed during the COVID-19 pandemic, saying that the outbreak of an infectious disease constitutes a "catastrophe" under the policy wording.
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February 08, 2024
US Targets Price Cap Evaders, Bans Russian Diamonds
The U.S. sanctioned three Emirati shipping companies on Thursday and a Russian-controlled one registered in Liberia for violating the G7's oil price cap, according to the U.S. Treasury Department, which also blocked a tanker operated by two of them.
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February 08, 2024
Creditors Say Don't Reorder Priority Scheme In Citgo Auction
Creditors of Venezuela that are favorably positioned to recoup billions of dollars they're collectively owed in an upcoming auction for control of U.S. oil giant Citgo urged a Delaware federal judge on Wednesday not to grant a hedge fund's request for a "more equitable" distribution of the proceeds.
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February 08, 2024
Atty In 'The Saudi Sun' Case Seeks Jury Trial Over Sanctions
A Seattle attorney accused of creating a fake newspaper called The Saudi Sun and filing it as a court exhibit is pushing back against a $268,000 sanction order, arguing to the Ninth Circuit that he should have a jury trial first.
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February 08, 2024
Apt. Owners Can't Avoid Arbitrating Ida Damage, Insurers Say
Seven New Orleans-area property owners must submit their Hurricane Ida damage claims to arbitration proceedings regardless of whether one of two foreign conventions applies to the case over the other, a group of 10 insurers told a Louisiana federal court.
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February 08, 2024
EU Says It's Not Debating Sanctions For Broadcaster Carlson
The European Union is not currently discussing any sanctions against U.S. broadcaster Tucker Carlson for what the EU considers is the spreading of Russian propaganda, although each EU country may at any time propose possible media candidates for blacklisting, the European Commission said Thursday.
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February 07, 2024
Longford Argues Patent Settlement Row Must Be Arbitrated
Litigation funder Longford Capital has asked a Delaware federal court to send its dispute over a settlement with Arigna Technology Ltd. to arbitration, saying the arbitration agreement between the two parties is valid despite the Irish patent holding company's claims otherwise.
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February 07, 2024
Forbes Distributor Says Mexican Court Order Must Stand
A distributor of Forbes magazine in Latin America is urging a New York court to nix the media company's bid to overturn a Mexican court injunction barring it from terminating their deal while the companies arbitrate a renewal dispute, saying the request is improper.
Expert Analysis
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In Arbitration, Consider The Influence Of State Laws
A California appellate court's recent refusal, based in state law, to compel arbitration in Barraza v. Tesla illustrates the importance of understanding substantive and procedural differences between state arbitration law and the Federal Arbitration Act — and when those distinctions can alter case outcomes, says Richard Mason at MasonADR.
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Ghosting In BigLaw: Why Better Feedback Habits Are Needed
Not giving assignments or constructive criticism to junior associates can significantly affect their performance and hours, potentially leading them to leave the firm, but partners can prevent this by asking the right questions and creating a culture of feedback, says Rachel Patterson at Orrick.
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11th Circ. Ruling Widens Path To Arbitral Award Vacatur
The Eleventh Circuit’s recent decision in Corporación AIC v. Hidroeléctrica — which held that the grounds for vacating an arbitral award are set in domestic law — brings the circuit in line with other courts of appeals and is an important decision for a number of reasons, says David Zaslowsky at Baker McKenzie.
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Rebuttal
Law Needs A Balance Between Humanism And Formalism
A recent Law360 guest article rightly questions the pretextual pseudo-originalism that permits ideology to masquerade as judicial philosophy, but the cure would kill the patient because directness, simplicity and humanness are achievable without renouncing form or sacrificing stare decisis, says Vanessa Kubota at the Arizona Court of Appeals.
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Short Message Data Challenges In E-Discovery
As short message platforms increasingly dominate work environments, lawyers face multiple programs, different communication styles and emoji in e-discovery, so they must consider new strategies to adapt their processes, says Cristin Traylor at Relativity.
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Opinion
Thomas Report Is Final Straw — High Court Needs Ethics Code
As a recent report on Justice Clarence Thomas' ongoing conflicts of interest makes evident, Supreme Court justices should be subject to an enforceable and binding code of ethics — like all other federal judges — to maintain the credibility of the institution, says Erica Salmon Byrne at Ethisphere.
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Halkbank Ruling May Mean More Foreign-State Prosecutions
The U.S. Supreme Court's recent ruling in Halkbank v. U.S. that the Foreign Sovereign Immunities Act does not apply to criminal cases involving foreign states and state-owned entities increases the risk of such prosecutions and significantly affects how these entities comport themselves in the U.S., say attorneys at Foley Hoag.
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Joint Representation Ethics Lessons From Ga. Electors Case
The Fulton County district attorney's recent motion to disqualify an attorney from representing her elector clients, claiming a nonconsentable conflict of interest, raises key questions about representing multiple clients related to the same conduct and highlights potential pitfalls, say Hilary Gerzhoy and Grace Wynn at HWG.
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Lawyer Discernment Is Critical In The World Of AI
In light of growing practical concerns about risks and challenges posed by artificial intelligence, lawyers' experience with the skill of discernment will position them to help address new ethical and moral dilemmas and ensure that AI is developed and deployed in a way that benefits society as a whole, says Jennifer Gibbs at Zelle.
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Don't Forget Alumni Engagement When Merging Law Firms
Neglecting law firm alumni programs after a merger can sever the deep connections attorneys have with their former firms, but by combining good data management and creating new opportunities to reconnect, firms can make every member in their expanded network of colleagues feel valued, say Clare Roath and Erin Warner at Troutman Pepper.
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Mexican Reform Bill Threatens Private Sector Investments
Following the announcement of an extensive and potentially problematic Mexican reform proposal that targets 23 laws, which could considerably affect the private sector and lead to increased arbitration proceedings, businesses and investors in Mexico should prepare for a likely changing legal landscape, say attorneys at Mayer Brown.
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Without Stronger Due Diligence, Attys Risk AML Regulation
Amid increasing pressure to mitigate money laundering and terrorism financing risks in gatekeeper professions, the legal industry will need to clarify and strengthen existing client due diligence measures — or risk the federal regulation attorneys have long sought to avoid, says Jeremy Glicksman at the Nassau County District Attorney’s Office.
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Every Lawyer Can Act To Prevent Peer Suicide
Members of the legal industry can help prevent suicide among their colleagues, and better protect their own mental health, by learning the predictors and symptoms of depression among attorneys and knowing when and how to get practical aid to peers in crisis, says Joan Bibelhausen at Minnesota Lawyers Concerned for Lawyers.
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Building On Successful Judicial Assignment Reform In Texas
Prompt action by the Judicial Conference could curtail judge shopping and improve the efficiency and procedural fairness of the federal courts by implementing random districtwide assignment of cases, which has recently proven successful in Texas patent litigation, says Dabney Carr at Troutman Pepper.
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Using International Arb. To Settle Cannabis Industry Disputes
As cannabis legalization continues in the U.S. and other countries, overseas investors and business owners should consider international arbitration for dispute resolution and assess the enforceability of relevant treaties and arbitration provisions, says Ramsey Schultz at Duane Morris.