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International Arbitration
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December 12, 2023
Trina Says 9th Circ. Can Review Remand Order In $100M Suit
Trina Solar's attorney urged the Ninth Circuit on Tuesday to find the court has jurisdiction over Trina's appeal of an order sending a $100 million breach of contract suit against the company to state court, saying the lower court's merits-based decision opens it to appellate review.
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December 12, 2023
Carnival Wrongful Death Suit Sent Back To State Court
A Florida federal judge has rejected Carnival Corp.'s request for arbitration in a wrongful death suit filed by the family of a former worker for the cruise line, instead granting the family's bid to send the case back to Texas state court.
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December 12, 2023
Russia Seeks To Toss Yukos Capital's $5B Arbitration Award
A $5 billion arbitration award against Russia must be dismissed because the country never ratified the treaty under which the arbitration was enforced, the Russian Federation told a D.C. federal court.
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December 12, 2023
Real Estate Co. Asks 2nd Circ. To Confirm $185M Award Order
An SL Green Realty Corp. unit has asked the Second Circuit to confirm a lower court order requiring Chinese conglomerate HNA Group International to turn over its interest in HNA North America in partial satisfaction of a $185 million judgment against the conglomerate.
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December 12, 2023
House Committee Seeks To 'Reset' US-China Relationship
The House Select Committee on China released a comprehensive strategy Tuesday to "reset" the U.S.-Chinese economic relationship and even the playing field with the country, including a recommendation that the U.S. end permanent normal trade relations.
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December 12, 2023
Vale Bids To Pull Dam Collapse Suit Into Brazilian Arbitration
Brazilian mining business Vale SA urged a London judge on Tuesday to block BHP Group's attempt to share its £36 billion ($45.2 billion) potential exposure to damages from a collapsed dam, saying the dispute must be resolved in arbitration.
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December 12, 2023
Raptors Bite Back At Knicks Data Theft Case, Mull Countersuit
The Toronto Raptors want a Manhattan federal judge to dismiss a data-theft suit by the New York Knicks, saying the Knicks have already conceded that the parties are contractually bound to arbitration and raising the prospect of a countersuit for defamation.
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December 11, 2023
Swiss Trader Favored In Venezuelan Chemical Bartering Fight
A London court has largely affirmed an arbitral award ordering a Curaçao company to pay up after receiving more than $3.2 million worth of an industrial chemical from a Swiss trading house, rejecting arguments that the tribunal lacked jurisdiction because underlying agreements involved a bartering deal.
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December 11, 2023
DC Magistrate Judge Rejects Recusal Bid In Smartmatic Case
A D.C. federal magistrate judge won't recuse herself from Smartmatic's defamation suit against One America News Network, denying the far-right channel's bid to remove her from the case for briefly representing Venezuela and its president, Nicolás Maduro, during her time as a Venable LLP attorney in 2019.
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December 11, 2023
GOP Lawmakers Urge Raimondo To Nix Vietnam Review
Three Republican senators on Monday urged the head of the U.S. Department of Commerce to suspend the agency's review of Vietnam's nonmarket economy status, claiming the process is being rushed toward a reversal that could hurt American companies.
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December 11, 2023
Gibson Dunn Names European Attorney As AI Co-Chair
Gibson Dunn & Crutcher LLP announced Monday that London- and Paris-based partner Robert Spano was named co-chair of the firm's artificial intelligence group, working alongside the three California attorneys already serving in the role.
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December 11, 2023
Justices Turn Away Yacht Sale Arbitration Case
The U.S. Supreme Court on Monday declined to resolve whether an arbitral award can be vacated under federal arbitration law if it orders illegal activity, in a case that stems from a yacht sale that went awry.
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December 08, 2023
Venezuela Says Immediate Appeal Needed In Citgo Cases
Venezuela is pressing a federal judge to allow it to immediately appeal his ruling putting seven creditors closer to taking part in an auction of Citgo's indirect parent company next year, arguing that the legality of one of the largest forced sales in Delaware history is on the line.
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December 08, 2023
Trade Court Says Fish Import Case Belongs In District Court
The U.S. Court of International Trade ruled that it can't hear a Texas importer's allegations that the U.S. illegally blocked fish harvested off Antarctica, finding that claims against the international body regulating those waters belong in district court.
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December 08, 2023
Tristan Gets Ch. 15 Recognition In Bid To Collect Kazakh Debt
A New York bankruptcy court said Friday that it would grant Chapter 15 recognition to a debt restructuring underway in the British Virgin Islands by Tristan Oil Ltd., as part of the company's attempts to collect on a $555 million arbitration award from Kazakhstan's government.
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December 08, 2023
DC Circ. Affirms $618M Arbitration Award Against Venezuela
The D.C. Circuit on Friday rejected efforts by Venezuela's interim government to overturn a more than $618 million arbitration award issued against the country, which had argued that an international tribunal wrongly excluded the Guaidó government from participating in the proceedings.
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December 07, 2023
Hitachi Must Arbitrate Transfer Claims In $384M Award Fight
A New York federal judge Wednesday ordered a Hitachi unit to arbitrate its claim accusing the founder of construction equipment rental company Acme Business Holdco LLC of fraudulently transferring away some $57 million, as the pair battle over $384 million in outstanding loans.
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December 07, 2023
Russians Charged With Hacking US, UK Intelligence Officials
Two men who work for the Russian Federal Security Service have been charged in California federal court with hacking email accounts belonging to current and former U.S. and United Kingdom intelligence officials, defense contractors, researchers and journalists, and leaking some of the information to the press ahead of the 2019 U.K. elections.
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December 07, 2023
Tai Says E-Commerce Pivot Avoided 'Policy Suicide'
The U.S. trade chief defended pulling support for long-held U.S. policy positions on digital trade during an appearance at the Aspen Security Forum on Thursday, arguing that recent technological developments made backing old proposals "massive malpractice" or "policy suicide."
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December 07, 2023
Binance Seeks To Arbitrate Fraud Oversight Investor Suit
Binance has moved to compel arbitration of a proposed class action accusing the world's largest crypto exchange platform of turning a blind eye to potential money laundering and terrorist financing on its platform, arguing the plaintiffs' claims fall within the arbitration terms of a clause they expressly agreed to.
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December 07, 2023
Fla. Fairfield Inn Must Arbitrate Hurricane Damage Fight
A Florida federal judge ordered the owner of a Fairfield Inn in Tampa to arbitrate its hurricane damage dispute in New York with its insurers, saying the property owner's argument that arbitration unfairly favored insurers was irrelevant since the dispute involved a foreign underwriter.
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December 06, 2023
Confirmation Of Arbitration Awards Against Lima Nears
A highway contractor's pursuit of roughly $190 million in arbitration awards against Lima closed in on victory on Wednesday, but a D.C. federal judge first wants attorneys for the Peruvian capital to explain the municipality's criminal complaint against three arbitrators weighing the latest chapter in the toll road dispute.
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December 06, 2023
11th Circ. Told Mineral Co.'s Arbitral Award Favors Corruption
A Venezuelan state-owned mining company urged the Eleventh Circuit on Wednesday to vacate a $188 million arbitration penalty stemming from disputes over iron ore operations, saying the arbitrators are "advancing corruption and bribery" that a former British Virgin Islands minerals business partner used to procure a contract.
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December 06, 2023
UK Insurers Seek To Stop €425M Venezuelan Suits Abroad
Two British insurers urged a London appeals court on Wednesday to block Venezuela from pursuing €425 million ($460 million) claims over a sunken vessel in other countries, arguing that state immunity doesn't cover anti-suit injunctions.
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December 06, 2023
Stephenson Harwood Names Litigation Pro As Senior Partner
Stephenson Harwood LLP has announced that it will promote its commercial litigation co-head to senior partner next year to chair its supervisory council and represent the views of its partners moving forward.
Expert Analysis
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What Energy Claims Against Spain Mean For Investor Rights
A Japanese investor's successful Energy Charter Treaty claim against Spain, which may have influenced the country's departure from the treaty, may be a harbinger for more pro-investor developments to come in investor-state arbitration, says Sohan Dasgupta at Taft Stettinius.
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5 Tips For Adding Value To Legal Clients' Experience In 2023
Faced with a potential economic downturn this year, attorneys should look to strengthen client relationships now by focusing on key ways to improve the client experience, starting with a check-in call to discuss client needs and priorities for the coming year, say attorneys at Troutman Pepper.
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How Arbitration May Need To Adapt To Blockchain Disputes
As rapid technological developments such as blockchain, cryptocurrency, non-fungible tokens and smart contracts increasingly lead to legal disputes — as evidenced by the recent Voyager Digital and FTX bankruptcies — arbitration may need to adopt new resolution techniques that fit the novel landscape, says Peter Kamminga at JAMS.
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Opinion
Courts Should Reject Mandatory Arbitration In Insurance Suits
The case of Friends of Young Audiences v. Certain Underwriters, currently before a Louisiana federal court, is one of several pending opportunities for courts to support policyholder rights by declining to enforce mandatory arbitration provisions in insurance contracts, say Christopher Kuleba and Maria Castro Sanchez at Reed Smith.
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What's At Stake In Halkbank Sanctions High Court Case
During oral arguments in Halkbank v. U.S. later this month, the U.S. Supreme Court will consider whether Turkey’s state-owned bank is immune from prosecution for allegedly helping Iran evade sanctions — a decision that will have far-reaching consequences for foreign state-backed entities and the U.S. Department of Justice, say attorneys at Cleary.
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6 Ways To Avoid Compounding Errors When Practicing Law
For lawyers and law firms, inevitable human error can lead to claims of malpractice or ethical violations, but the key is to avoid exacerbating mistakes by adding communication failures, conflicts of interest or insurance coverage losses, says Mark Hinderks at Stinson.
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What Will Keep Legal Talent Professionals Up At Night In 2023
Hybrid work environments, high demand for lateral hires and a potential slowdown of the economy defined 2022 in the always-busy marketplace for legal talent, and as BigLaw looks at the year ahead, there are five major sources of concern for the teams charged with securing and retaining that talent, say advisers at Baretz+Brunelle.
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The Most-Read Legal Industry Law360 Guest Articles Of 2022
A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from the "great resignation" to potential expansion of attorney-client privilege.
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What 3 Legal Industry Trends From 2022 Mean For Next Year
Kate Reder Sheikh at Major Lindsey & Africa looks back on the year in legal recruiting, including practice areas that saw the most movement, which regions seemed most ripe for new office openings and who was promoted to partner, and makes some look-ahead predictions for 2023.
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Learning From This Year's Legal Industry Discrimination Suits
To limit the risk of lawsuits and make the workplace a more welcoming environment for female attorneys, it is important to reflect on lawyers' recent discrimination and sexual harassment claims against law firms and public employers, says Hope Comisky at Griesing Law.
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Series
The Future Of Legal Ops: AI Has Important Role To Play
Though the debut of OpenAI's ChatGPT has prompted some fears about negative impact on lawyers, artificial intelligence technology can be a powerful tool for legal operations professionals if used effectively to augment their work, say Justin Ben-Asher and Gwendolyn Renigar at Steptoe, and Elizabeth Matthews at TotalEnergies.
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4 Proactive Strategies For 'Rocket Docket' Discovery In SDNY
With more than half of Southern District of New York judges now allowing four or fewer months for fact discovery, civil litigators in this aspiring "rocket docket" jurisdiction should prioritize case management methods that make the most of this compressed timeline, say Jaclyn Grodin and Nicholas Cutaia at Goulston & Storrs.
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Opinion
Increasing Law Firm Polarization Will Degrade Rule Of Law
As evidenced in recent instances of law firms separating from attorneys who represented certain industries or espoused certain views, firms and the legal practice itself have grown troublingly polarized and intolerant of dissent, says Rebecca Roiphe at New York Law School.
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How To Deal With Difficult Clients, Practically And Ethically
Meredith Stoma at Lewis Brisbois discusses common obstacles for counsel working with difficult clients and provides guidance on ethically managing or terminating these challenging relationships — as, for example, counsel for Ye have recently done.
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Opinion
Federal Courts Should Adopt Supreme Court's Amicus Stance
The federal courts of appeals should adopt the U.S. Supreme Court's new approach to amicus curiae briefs, which allows the friend-of-the-court submissions to be filed without consent from the court or the parties, says Lawrence Ebner at Atlantic Legal Foundation.