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International Arbitration
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February 01, 2024
Mexico Can't Confirm US Labor Claims At Fujikura Auto Plant
Investigators from Mexico's Ministry of Labor and Ministry of Economy said Wednesday they can't verify U.S.-backed claims of labor rights violations and discrimination against former union organizers at an automotive plant in Piedras Negras, Coahuila.
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February 01, 2024
Former Gov. Of Puerto Rico Joins Reed Smith From Steptoe
Reed Smith LLP announced Thursday that it has hired two partners to its Washington, D.C., and New York offices, including a former governor of Puerto Rico.
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February 01, 2024
Spain Doesn't Have To Pay Upfront In €120M Energy Row
An appeals court said Thursday it had found "no compelling reason" to make Spain's challenge to a €120 million ($130 million) arbitral award for slashing economic incentives for renewable energy investors conditional on the state paying the full amount upfront.
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January 31, 2024
Worker-Centered Trade Faces Headwinds From Lawmakers
President Joe Biden's goal to recalibrate international trade to support middle-class jobs is facing headwinds following a series of trade negotiation setbacks, an exodus of high-level staffers, and now a congressional threat to his nomination of a deputy trade representative.
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January 31, 2024
11th Circ. Skeptical Of Bid To Nix Retail Heiress's Award
The Eleventh Circuit appeared disinclined on Wednesday to vacate an arbitral award finding the grandsons of a retail store heiress liable for mismanaging her $70 million fortune based on the tribunal chair's failure to disclose a lawsuit she filed against State Farm, which had recently hired one of the grandsons.
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January 31, 2024
Watchdog Calls For Written Guidance On Autos
A government watchdog report Wednesday urged the Office of the U.S. Trade Representative to develop written guidance to better partner with other federal offices on the Interagency Committee on Trade in Automotive Goods, which provides advice on regional trade rules.
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January 31, 2024
DC Circ. Urged To Rush Russia Appeal In $50B Award Case
Former shareholders of Yukos Oil Co. called on the D.C. Circuit to expedite Russia's appeal, which challenges its rejected attempt to dismiss a long-running case to enforce $50 billion in arbitration awards, arguing that answering the legal question at issue falls within the public interest.
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January 30, 2024
Patent Holding Firm Says Fight With Funder Belongs In Court
An Irish patent holding company is fighting litigation funder Longford Capital's bid to force it to arbitrate a dispute over the proceeds of a settlement that ended certain patent litigation, telling a Delaware federal court in a brief made public on Tuesday that it never agreed to those terms.
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January 30, 2024
5th Circ. Tosses $200M Vessel Explosion Award Confirmation
A Louisiana federal court couldn't confirm $200 million awarded to a German shipowner for a deadly chemical explosion on its vessel because MSC, the Swiss shipping giant liable for the disaster, doesn't have a connection to the Pelican State, according to a Fifth Circuit panel.
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January 30, 2024
US Skating Team Gets 2022 Gold After Arbitration Ruling
The International Skating Union on Tuesday declared that the U.S. is the retroactive winner of the 2022 Olympic gold medal for team figure skating, an announcement that comes one day after the Court of Arbitration for Sport found that Russian Olympic figure skater Kamila Valieva violated Russian doping rules, making all her results since Dec. 25, 2021, invalid.
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January 29, 2024
Justices Urged To OK 9th Circ.'s Coinbase Arbitration Ruling
The American Association for Justice, legal scholars and a consumer advocacy organization threw their weight behind a proposed class of Coinbase users Monday in their fight at the U.S. Supreme Court to keep their dispute alleging the cryptocurrency exchange platform misled them about a Dogecoin sweepstakes out of arbitration.
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January 29, 2024
International Arbitration Expert Rejoins Curtis In Geneva
Curtis Mallet-Prevost Colt & Mosle LLP has announced that "a leading lawyer of her generation" in international disputes and international arbitration has rejoined the firm as a partner in its Geneva office.
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January 29, 2024
Arbitration Court Upholds Russian Figure Skater's Doping Ban
The Swiss-based Court of Arbitration for Sport has found that Russian Olympic figure skater Kamila Valieva violated Russian doping rules, making all her results since Dec. 25, 2021, invalid and possibly opening the door for the United States team to be crowned gold medal winners for the 2022 Winter Games.
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January 29, 2024
Russian Says Seized $300M Superyacht Is His, Not Oligarch's
A Russian businessman and former CEO of a state-owned oil conglomerate has told a Manhattan federal judge that an attempt by the U.S. government to seize a $300 million yacht owned in his name should be tossed, rejecting claims that he was ever a stand-in owner for a sanctioned Russian oligarch.
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January 26, 2024
EU Investment Plans Play To US Nat'l Security Concerns
Three new measures adopted by the European Commission stand to close alternate pathways to advanced technology and funding that have plagued U.S. efforts to thwart adversaries like China and Russia.
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January 26, 2024
US Can't Escape $24M Case Over Alleged Ukrainian Scheme
An international tribunal has declined to grant the United States an early exit from a $24 million arbitration accusing the Biden administration of overstepping its authority by initiating forfeiture proceedings aimed at unraveling an alleged Ukrainian money laundering scheme.
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January 26, 2024
Trans Swimmer Wants Ban Arbitrated In Time For Olympics
American swimmer Lia Thomas, who in 2022 became the first openly transgender woman to win an NCAA championship, has challenged the world swimming governing body's transgender ban by requesting arbitration, the Court of Arbitration for Sports confirmed Friday.
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January 26, 2024
Refrigerant Importers Get Chilly Reception In 11th Circ.
The Eleventh Circuit appeared skeptical on Friday morning of arguments that several refrigerant importers had not waived their right to arbitrate claims that they fraudulently transferred assets to avoid paying damages awarded in a previous lawsuit to Chinese exporter T.T. International Co. Ltd.
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February 08, 2024
Law360 Seeks Members For Its 2024 Editorial Boards
Law360 is looking for avid readers of its publications to serve as members of its 2024 editorial advisory boards.
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January 26, 2024
Moroccan Grain Tycoon Sees Jail Term For Hiding Assets Cut
An English appeals court on Thursday overturned a contempt of court conviction of a grains importer executive, who was accused of failing to comply with an asset disclosure order over a $3.5 million arbitral award issued to a subsidiary of food specialist Archer-Daniels-Midland Co., or ADM, in Switzerland.
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January 25, 2024
High Court Arbitration Case May Raise More Questions
A petition before the U.S. Supreme Court relating to whether federal judges can permit a party to immediately appeal a ruling compelling arbitration raises related issues that the justices may opt not to resolve, potentially resulting in a decision that only sows more confusion.
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January 25, 2024
Movie Mogul's Wife Can't Escape Discovery In $500M Fight
A New York federal judge has refused to reconsider the bulk of his discovery order related to tax, immigration and financial records held by a Chinese cinema magnate's wife in an investor dispute over a half-billion-dollar arbitral award against her husband.
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January 25, 2024
UniCredit Tries To Halt Impending €450M Judgment In Russia
UniCredit Bank AG urged the Court of Appeal on Thursday to halt claims brought by a Gazprom joint venture in Russia for €450 million ($488 million) under bond guarantees linked to an aborted gas plant project.
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January 25, 2024
Fieldfisher Adds Arbitration Pro With Spanish Partner Hire
Fieldfisher LLP has hired a founding partner of Spanish law firm Claros & Abogados to join its Madrid office as it looks to bolster its dispute settlement practice across Europe and the Americas.
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January 24, 2024
Crypto Lender Nexo Hits Bulgaria With $3B Arbitration Claim
Nexo AG said it has submitted an approximately $3 billion arbitration claim against the Republic of Bulgaria at the World Bank's International Centre for Settlement of Investment Disputes following a raid of the crypto lender's offices in Sofia last year.
Expert Analysis
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Courts Can Overturn Deficient State Regulations, Too
While suits challenging federal regulations have become commonplace, such cases against state agencies are virtually nonexistent, but many states have provisions that allow litigants to bring suit for regulations with inadequate cost-benefit analyses, says Reeve Bull at the Virginia Office of Regulatory Management.
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Tales From The Trenches Of Remote Depositions
As practitioners continue to conduct depositions remotely in the post-pandemic world, these virtual environments are rife with opportunities for improper behavior such as witness coaching, scripted testimony and a general lack of civility — but there are methods to prevent and combat these behaviors, say Jennifer Gibbs and Bennett Moss at Zelle.
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China Boosts Arb. Reform With 'Interim Measures' Change
While China may face challenges in competing with other preferred arbitral venues, its recent development in the delivery of interim measures serves as the initial stage of arbitration enforcement reform, says Minda Huang at Kobre & Kim.
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The Supreme Court Is At War With Itself On Extraterritoriality
The U.S. Supreme Court recently issued two conflicting pronouncements about the presumption against extraterritoriality without acknowledging the tensions between these decisions, which leaves lower courts, practitioners and potential defendants in the dark, says Jonah Knobler at Patterson Belknap.
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Level Up Lawyers' Business Development With Gamification
With employee engagement at a 10-year low in the U.S., there are several gamification techniques marketing and business development teams at law firms can use to make generating new clients and matters more appealing to lawyers, says Heather McCullough at Society 54.
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Mallory Ruling Leaves Personal Jurisdiction Deeply Unsettled
In Mallory v. Norfolk Southern Railway, a closely divided U.S. Supreme Court recently rolled back key aspects of its 2017 opinion in Daimler AG v. Bauman that limited personal jurisdiction, leaving as many questions for businesses as it answers, say John Cerreta and James Rotondo at Day Pitney.
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5 Ways Firms Can Rethink Office Design In A Hybrid World
As workplaces across the country adapt to flexible work, law firms must prioritize individuality, amenities and technology in office design, says Kristin Cerutti at Nelson Worldwide.
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Opinion
Bar Score Is Best Hiring Metric Post-Affirmative Action
After the U.S. Supreme Court's ruling striking down affirmative action admissions policies, law firms looking to foster diversity in hiring should view an applicant's Multistate Bar Examination score as the best metric of legal ability — over law school name or GPA, says attorney Alice Griffin.
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RICO Ruling Makes US More Attractive Foreign Creditor Forum
The U.S. Supreme Court's decision in Yegiazaryan v. Smagin, allowing a foreign plaintiff to use the Racketeer Influenced and Corrupt Organizations Act to enforce a foreign arbitral award, will make judgment creditors more likely to seek out U.S. courts to remedy efforts to frustrate the enforcement of international arbitration awards, say attorneys at Paul Hastings.
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Ghosting In BigLaw: How To Come Back From Lack Of Feedback
Junior associates can feel powerless when senior colleagues cut off contact instead of providing useful feedback, but young attorneys can get back on track by focusing on practical professional development and reexamining their career priorities, says Rachel Patterson at Orrick.
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Steps To Success For Senior Associates
Excerpt from Practical Guidance
Adriana Paris at Rissman Barrett discusses the increased responsibilities and opportunities that becoming a senior associate brings and what attorneys in this role should prioritize to flourish in this stressful but rewarding next level in their careers.
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Automatic Arbitration Win For Cos. May Come With Pitfalls
The U.S. Supreme Court's recent resolution of a circuit split governing arbitration stays in Coinbase v. Bielski is a win for companies seeking to enforce arbitration agreements, but there may be consequences to keep in mind when considering whether to appeal a denial of a motion to compel arbitration, say Marianne Spencer and Sonya Winner at Covington.
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Legal Profession Must Do More For Lawyers With Disabilities
At the start of Disability Pride month, Rosalyn Richter at Arnold & Porter looks at why lawyers with disabilities are significantly underrepresented in private practice, asserting that law firms and other employers must do more to conquer the implicit bias that deters attorneys from seeking accommodations.
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Opinion
Appellate Funding Disclosure: No Mandate Is Right Choice
The Advisory Committee on Appellate Rules' recent decision, forgoing a mandatory disclosure rule for litigation funding in federal appeals, is prudent, as third-party funding is only involved in a minuscule number of federal cases, and courts have ample authority to obtain funding information if necessary, says Stewart Ackerly at Statera Capital.
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Halkbank Ruling Gives Gov't Leverage But Erodes Comity
The U.S. Supreme Court’s recent decision in Halkbank v. U.S., denying the Turkish state-owned bank immunity from prosecution, erodes the historic principle of comity in favor of imposing domestic law on foreign states, and could potentially usher in an era of mutually assured litigation between world powers, say Solomon Shinerock and Annika Conrad at Lewis Baach.