Venezuela and the bankrupt Crystallex International Corp. secured a Canadian court’s approval Friday for a settlement resolving their dispute over a $1.2 billion arbitral award issued to the company over the government’s expropriation of a gold mine.
In Law360's latest look at the World Trade Organization's Dispute Settlement Body proceedings, a battle among Gulf States that will test the WTO's third-rail national security provisions forged ahead, while the gridlock over Appellate Body vacancies became further entrenched.
Argentine energy giant YPF SA had an almost $10 million award against oil and gas exploration and production company Apache Corp. confirmed earlier this week, with a Texas federal court finding that the award was properly decided by KPMG LLP partners per an agreement between the companies.
A Texas federal judge has granted a request to pause litigation brought by two Texas companies and their Chinese owner against a Michigan furniture seller that tried to haul them into arbitration over a contract, after the parties told the court they had agreed to settle and thought a complete resolution was imminent.
The fifth round of the North American Free Trade Agreement talks concluded on relatively peaceful terms Tuesday, with the parties vowing to continue their work and find a path forward for the 1994 pact, even as U.S. Trade Representative Robert Lighthizer said he remained “concerned about the lack of headway.”
Updated renegotiation objectives for the North American Free Trade Agreement that the Trump administration released in recent days have provided more insight into its stance on investment arbitration. Here, Law360 lays out what you need to know.
In past years, many BigLaw firms have played follow-the-leader in matching associate bonuses to those set by the most profitable firms, but as law firm profit gaps grow, experts say it's likely that bonuses at less profitable firms will remain on trend with past years even as their counterparts up the ante for a select few associates.
The U.S. Department of Treasury said Tuesday that it had sanctioned four Chinese companies and a slew of North Korean companies and vessels in an effort “to disrupt North Korea's illicit funding of its unlawful nuclear and ballistic missile programs.”
A Bolivian government-owned steel company pushed a Washington, D.C., federal judge to dismiss a petition to confirm an $18 million arbitration award against it on Monday, arguing its former business partner fumbled the legal requirements to sue a sovereign-owned entity.
Brazilian oil giant Petrobras on Monday told the Fifth Circuit it doesn’t have to arbitrate a $400 million claim against Spanish manufacturer Vicinay Cadenas SA over an allegedly defective component used in an offshore oil and gas rig.
The International Chamber of Commerce's $5 million reduction of an arbitration award has made a Spanish construction firm's petition to vacate the award moot, the Italian subcontractor who was granted the award for breach of contract on a Guatemala hydroelectric project told a Florida federal court Friday.
Tanzania asked a D.C. federal judge Monday to toss an English civil engineering company’s $41.4 million suit seeking to enforce two foreign judgments stemming from arbitral awards against the country that came out of a dispute over a road rehabilitation project, saying the court lacks jurisdiction.
A high-stakes World Trade Organization battle over the U.S. policy toward China in anti-dumping probes, which was recently escalated through a case targeting aluminum foil, caught the eyes of other members this week as Japan, Canada and the European Union all requested to keep tabs on the dispute.
A Korean LED lighting manufacturer urged a California federal court on Friday not to force arbitration of its $14 million dispute with its U.S. distributor, saying an arbitration agreement between the parties was superseded by subsequent pacts stipulating disputes would be resolved in court.
Sharp Corp. asked a California federal court Friday not to rule on Chinese electronics manufacturer Hisense’s motion to arbitrate claims that it misrepresented the quality of Sharp-branded televisions, telling a California federal court it should first decide if Sharp can challenge the denial of its bid to remand the suit.
The International Council for Commercial Arbitration, the New York City Bar Association and the International Institute for Conflict Prevention & Resolution have formed a new group dedicated to tackling cybersecurity risks that can arise in international arbitration, the ICCA announced Monday.
An American contractor urged the Ninth Circuit on Friday to trim an Afghan subcontractor’s appeal seeking to revive a $1.07 million arbitration award stemming from a dispute over U.S. government prime contracts for construction in Afghanistan, saying the company seeks review of issues the lower court didn’t address.
London-headquartered law firm Clyde & Co. LLP said on Monday that it has joined forces with a Malaysian counterpart to work together on insurance, energy and transportation matters across national borders.
A Mexican salsa maker told a New York federal judge Thursday that its suit against the International Chamber of Commerce’s North American arbitration provider should be allowed to continue, urging the court to recognize a Mexican court order halting the ongoing arbitration between the sauce company and an investor.
The Belize Bank Ltd. asked a D.C. federal court on Thursday for an order authorizing enforcement of a $35.2 million judgment stemming from an arbitral award issued after a dispute with the Belize government over a complex debt guarantee, saying the country may evade its obligations despite a dearth of remaining legal options.
As a new attorney, it was astonishing to realize how little I knew. I soon began to appreciate that everyone I met had a unique take or way of doing something. Many things I learned during that first year from my colleagues are still incorporated into my practice today, says Patrick Mendes of Tyson & Mendes LLP.
There are various barriers to corporate pro bono work, including lack of malpractice insurance coverage, limited resources, and the transactional nature of the majority of in-house legal work. But at the end of the day, we’ve overcome many of these barriers, says Ann Warren, associate general counsel of Duke Energy Corp.
Christopher Scalia and Edward Whelan have published an indispensable collection of the late Justice Antonin Scalia's best speeches. "Scalia Speaks: Reflections on Law, Faith, and Life Well Lived" puts on full display Justice Scalia’s skilled writing, quick wit and uncommon wisdom on a wide range of topics — from law to turkey hunting, says Judge William Pryor of the Eleventh Circuit.
Financial Crisis Anniversary
The role of the general counsel has significantly grown in importance, with the GC now often replacing the senior partner in the outside law firm as the primary counselor for the CEO and the board. This inside counsel revolution was given great impetus by the financial crisis that started 10 years ago, says Ben Heineman Jr., former general counsel of General Electric Co.
There has been much discussion of discovery proportionality in federal litigation since the December 2015 changes to Civil Rule 26. But arbitrators have long used procedures to simplify the discovery process that courts have only recently begun to adopt, says attorney and arbitrator Richard Seymour.
Today's law firm chief financial officer should be involved in many areas beyond traditional financial management, including operations, risk management and information technology. He or she can support strategic planning throughout the process, from development of the plan to its implementation, measurement and eventual evolution, say Tyler Quinn and Marc Feigelson of Kaufman Rossin PA.
A recent U.K. white paper indicates a sensible retreat from the government's previous redline of taking back control from the Court of Justice of the European Union. The government has recognized that in order to ensure legal certainty and equal treatment for businesses and individuals, the CJEU must continue to play a considerable, if indirect, role in the U.K., says Mathew Rea of Bryan Cave LLP.
Clients are beginning to expect and demand that their external lawyers provide advice tailored to the client's industry. Aside from this, law firms should want to move toward a sector approach because industry-focused groups are a natural place for cross-practice collaboration to flourish, say Heidi Gardner and Anusia Gillespie of Harvard Law School.
In their new book, "The Judge: 26 Machiavellian Lessons," do Ronald Collins and David Skover prove their thesis that hypocrisy is the key to judicial greatness? Some of the examples they present are hard to dispute, says Judge Alex Kozinski of the Ninth Circuit.
Financial Crisis Anniversary
After nearly a decade of recession-accelerated change in the legal industry, “merit-based” compensation has largely come to mean measuring attorney success using some combination of origination and working attorney hours metrics. However, there are signs that the real impact of the recession is still around the corner, and that building a book isn’t enough, says Peter Zeughauser of Zeughauser Group.