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International Arbitration
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December 15, 2023
Off The Bench: NCAA Bruised, DC Teams Eye Va., Puig Delay
In this week's Off The Bench, the NCAA hits pause on a hotly contested athlete transfer rule, a BigLaw fixture helps two Washington D.C. franchises decamp for Virginia, and the trial of former MLB All-Star Yasiel Puig's obstruction of justice trial gets delayed. If you were on the sidelines over the past week, Law360 is here to clue you in on the biggest sports and betting stories that had our readers talking.
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December 14, 2023
Ex-FBI Agent Gets Over 4 Years In Russian Sanctions Case
A former top FBI counterintelligence agent on Thursday was sentenced to over four years in prison for working with a sanctioned Russian oligarch to discredit one of the billionaire's business rivals.
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December 14, 2023
Lima Hwy Case Bribery Charges Can Be Halted, Court Hears
A contractor told a D.C. federal judge Wednesday that she should have the power to stop the Peruvian city of Lima from further pursuing corruption charges against arbitrators adjudicating claims stemming from an ill-fated highway construction and maintenance project.
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December 14, 2023
Fired Ellenoff Grossman Atty Says Keep Retaliation Suit In NY
A former associate alleging she was fired from Ellenoff Grossman & Schole LLP in retaliation for reporting sexual harassment told a New York federal court on Wednesday that the firm had no basis to remove the case from state court using a law meant to govern arbitration agreements in international commerce.
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December 13, 2023
Biofuel Co. Secures €3.4M Award In Dutch Biogas Plant Fight
A Dutch arbitration tribunal has ordered Blue Sphere Brabant BV to hand waste treatment company Anaergia an interim payment of €3.4 million ($4.2 million) in their dispute related to the construction of a biogas plant in the Netherlands.
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December 13, 2023
Mozambique Says President's Docs Not Needed For Fair Trial
The right of an Abu Dhabi shipbuilder to a fair trial has not been compromised by the absence of evidence from the president of Mozambique on the $2 billion "tuna bonds" scandal, the country's lawyers told a London court on Wednesday.
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December 13, 2023
Vale Denies Liability In BHP's £36B Dam Disaster Case
Mining giant Vale has told a London court it will not be liable to pay any "contribution" toward BHP's potential exposure to £36 billion ($45 billion) in damages following the collapse of a Brazilian dam, because the disaster was triggered by unprecedented earthquakes.
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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.
Expert Analysis
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Ensuring An Agreement's Arbitration Clause Is Enforceable
Several recent U.K. cases show that failure to include arbitration clauses in agreements between entities, or failure to properly word and strengthen such clauses, can give rise to manifold problems when either side attempts to force the other into arbitration, says Henna Elahi at Zaiwalla.
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8 Steps To Improve The Perception Of In-House Legal Counsel
With the pandemic paving the way for a reputational shift in favor of in-house corporate legal teams, there are proactive steps that legal departments can take to fully rebrand themselves as strong allies and generators of value, says Allison Rosner at Major Lindsey.
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Procedure Rule 7.1 Can Simplify Litigators' Diversity Analysis
A recent amendment to Federal Rule of Civil Procedure 7.1 will help trial courts determine whether the parties to a case are diverse, and may also allow litigators to more quickly determine whether they can remove certain cases to federal court, says Steve Shapiro at Schnader Harrison.
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Abu Dhabi's Puzzling Choice To Send ICC Arbitration Offshore
The Abu Dhabi Court of Cassation's perplexing ruling that an arbitration using International Chamber of Commerce rules must proceed in the Abu Dhabi Global Market, despite both parties preferring the onshore Abu Dhabi court, shows the importance of unambiguously identifying one's desired seat of arbitration before disputes arise, say Sam Song and Dara Sahab at Squire Patton.
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Atty Conflict Discussions In Idaho Murder Case And Beyond
A public defender's representation of the accused University of Idaho murderer after prior representation of a victim's parent doesn't constitute a violation of conflict of interest rules, but the case prompts ethical questions about navigating client conflicts in small-town criminal defense and big-city corporate law alike, say Hilary Gerzhoy and Charles Loeser at HWG.
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Lessons From Ex-FBI Agent's Sanctions Violation Indictment
The Manhattan U.S. Attorney's Office recently charged former FBI agent Charles McGonigal with violating U.S. sanctions that were placed prior to Russia’s invasion of Ukraine, which could help dispel the assumption that sanctions enforcement is focused only on recent measures, says Angelika Hellweger at Rahman Ravelli.
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Why The Original 'Rocket Docket' Will Likely Resume Its Pace
Though the Eastern District of Virginia, for decades the fastest federal trial court in the country, experienced significant pandemic-related slowdowns, several factors unique to the district suggest that it will soon return to its speedy pace, say Dabney Carr and Robert Angle at Troutman Pepper.
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The Discipline George Santos Would Face If He Were A Lawyer
Rep. George Santos, who has become a national punchline for his alleged lies, hasn't faced many consequences yet, but if he were a lawyer, even his nonwork behavior would be regulated by the American Bar Association's Model Rules of Professional Conduct, and violations in the past have led to sanctions and even disbarment, says Mark Hinderks at Stinson.
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A Litigation Move That Could Conserve Discovery Resources
Bennett Rawicki at Hilgers Graben proposes the preliminary legal opinion procedure — seeking a court's opinion on a disputed legal standard at the outset, rather than the close, of discovery — as a useful resource-preservation tool for legally complex, discovery-intensive litigation.
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Navigating DOJ's Fresh Focus On Criminal Monopoly Charges
For the first time in nearly 45 years, the U.S. Department of Justice has brought criminal charges for violations of Section 2 of the Sherman Act in two very different cases, displaying a renewed willingness to level criminal charges for price-fixing or other coordination under both Sections 1 and 2, say attorneys at Foley & Lardner.
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Litigators Should Approach AI Tools With Caution
Artificial intelligence tools like ChatGPT hold potential to streamline various aspects of the litigation process, resulting in improved efficiency and outcomes, but should be carefully double-checked for confidentiality, plagiarism and accuracy concerns, say Zachary Foster and Melanie Kalmanson at Quarles & Brady.
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5 Ways Attorneys Can Use Emotion In Client Pitches
Lawyers are skilled at using their high emotional intelligence to build rapport with clients, so when planning your next pitch, consider how you can create some emotional peaks, personal connections and moments of magic that might help you stick in prospective clients' minds and seal the deal, says consultant Diana Kander.
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5 Keys To A Productive Mediation
Excerpt from Practical Guidance
Cortney Young at ADR Partners discusses factors that can help to foster success in mediation, including scheduling, preparation, managing client expectations and more.
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Why A Bankruptcy Court OK'd Rare Subpoena Via Twitter
Identifying and taking possession of estate assets can be disrupted when a debtor's previous owners are obstructionist and live outside the U.S., but a liquidator may be able to creatively serve a subpoena via email or even social media in such a situation, as authorized by a New York bankruptcy court in the recent Three Arrows Capital case, says Kyle Arendsen at Squire Patton.
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Evaluating The Legal Ethics Of A ChatGPT-Authored Motion
Aimee Furness and Sam Mallick at Haynes Boone asked ChatGPT to draft a motion to dismiss, and then scrutinized the resulting work product in light of attorneys' ethical and professional responsibility obligations.