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International Arbitration
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March 21, 2024
UpHealth Claims $110M Win In Glocal Control Fight
Global digital health company UpHealth Inc. says an arbitral panel has awarded it more than $110 million following a dispute that arose out of its subsidiary's acquisition of Glocal Healthcare Systems in 2020 — even as Glocal decried the award as "one-sided and perverse."
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March 20, 2024
Russian F1 Driver's EU Sanctions Over Oligarch Father Lifted
A Formula One racing driver and son of a Russian oligarch has won his fight to lift European Union sanctions, with a court ruling Wednesday there was insufficient evidence to prove that his business interests were benefiting from his fathers' wealth.
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March 20, 2024
Ex-Russian Minister Fails To Renew Bid To Jail Deripaska
The Court of Appeal dismissed on Wednesday an attempt by Vladimir Chernukhin, a former Russian minister, to have his ex-business associate Oleg Deripaska jailed for contempt of court, finding that a judge had been entitled to conclude the case had not met the criminal standard of proof.
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March 20, 2024
Russian Exec Argues Jailed Biz Partner Can't Escape Judgment
A Russian businessman has pressed a California federal court not to vacate a default entered against his former business partner as the businessman attempts to collect an award of more than $92 million, saying it "strains credulity" to believe that his ex-partner couldn't answer the litigation while jailed in France.
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March 20, 2024
Int'l Olympic Committee Rips Russia For Politicizing Sports
The International Olympic Committee has slammed Russia's newly created "Friendship Games" as a cynical ploy to politicize sports, saying that the Russian government's plan to host its own summer and winter games runs contrary to resolutions by the United Nations General Assembly.
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March 20, 2024
Law360 Announces The Members Of Its 2024 Editorial Boards
Law360 is pleased to announce the formation of its 2024 Editorial Advisory Boards.
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March 20, 2024
US Chamber's Litigation Funding Concerns Spur 2 State Laws
Amid concerns from the U.S. Chamber of Commerce about third-party litigation funding, including from potentially hostile foreign entities, state legislatures in Indiana and West Virginia have recently passed bills imposing restrictions on the practice.
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March 20, 2024
Paul Hastings Adds Longtime White & Case Arbitration Pro
Paul Hastings LLP announced Wednesday that it has recruited the longtime leader of White & Case LLP's Latin America arbitration practice to serve as global co-chair of its international arbitration practice.
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March 19, 2024
Healthcare Provider Says Optum Can't Duck Suit Or Arbitrate
An East San Gabriel Valley nonprofit healthcare system has urged a California federal judge not to toss, or force into arbitration, its antitrust suit accusing Optum Health of lying to patients as part of broader efforts to force the system out of the local primary care physicians market.
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March 19, 2024
Acorda Says Tribunal Ignored Patent Law In MS Drug Feud
Acorda Pharmaceuticals is pressing the Federal Circuit to award it nearly $66 million more than the $16.5 million it won in arbitration against Irish biopharmaceutical company Alkermes in a licensing fight over a multiple sclerosis drug, arguing that the tribunal disregarded clear patent law.
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March 19, 2024
2 Arbitration Bodies Donate $750K For Diversity Efforts
Two nonprofits focused on the alternative dispute resolution field — the American Arbitration Association-International Centre for Dispute Resolution Foundation and the JAMS Foundation — jointly announced on Monday a $750,000 grant to support efforts to increase diversity among arbitrators and mediators.
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March 18, 2024
Investors Seek Arbitration In Panama Port Fight
A group of companies and individuals invested in a port project near the Panama Canal's Atlantic Ocean entrance has asked a Delaware federal court to order arbitration in a Hong Kong company's case claiming its interest in the project is being stolen.
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March 18, 2024
Indian Potato Cos. Can't Get $4.4M Award OK'd In NJ
A New Jersey federal judge has refused to enforce a $4.4 million arbitral award stemming from an ill-fated joint venture to develop a potato-processing production line, ruling that Indian affiliates of Idaho-based agribusiness J.R. Simplot Co. haven't shown his court has jurisdiction in the dispute.
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March 18, 2024
Subway Franchise Fight Order Can't Be Nixed, Court Hears
A company that helps to develop and service Subway restaurants in western Canada is urging a New York court not to vacate an arbitrator's order requiring the sub shop's Canadian franchisor to continue making payments on their pact while they arbitrate a contractual feud.
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March 18, 2024
Amyris Gets OK To Settle Pot Co.'s $15M Trade Secret Suit
A Delaware bankruptcy judge has approved biotechnology company Amyris' $15.1 million settlement with cannabinoid manufacturer Lavvan, resolving yearslong litigation and arbitration proceedings alleging the debtor misused its then-business partner's trade secrets.
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March 18, 2024
World Champ Race Walker's Appeal Of Doping Ban Denied
The ban against an Italian champion race walker will remain in place after an international arbitration tribunal denied the Olympic gold medalist's appeal of an eight-year punishment over alleged doping violations, according to a Friday statement.
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March 18, 2024
Catching Up With Delaware's Chancery Court
Multimillion-dollar e-cigarette settlements, $4 billion in stock buybacks and a $6.1 million appraisal tweak were among the big-dollar items logged in the Delaware Court of Chancery's ledger last week. Also on the docket: a Panama port project, a news outlet's defamation case, drone disputes and a flood of mail from Tesla shareholders. In case you missed it, here's all the latest from the Chancery Court.
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March 15, 2024
Chiquita MDL Experts Aren't Reliable, Parties Say
A Florida federal judge overseeing the multidistrict litigation against Chiquita Brands weighed arguments Friday on what evidence should be excluded in two upcoming bellwether trials, with each side insisting the other's experts should be disqualified from testifying about claims that the company funded a deadly right-wing Colombian paramilitary group.
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March 15, 2024
8th Circ. Nixes Arbitration Bid In $9M Chinese PPE Fight
The Eighth Circuit on Thursday refused to force a Chinese manufacturer of personal protective equipment to arbitrate its $9 million dispute over unpaid invoices with a U.S. distributor, ruling in a published opinion that the underlying pact containing an arbitration clause was never consummated.
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March 15, 2024
Eletson Creditors Urge Cutting Most Of Reed Smith's Fee Bid
Eletson Holdings Inc.'s unsecured creditors told a New York bankruptcy judge to cut the "vast majority" of the fees Reed Smith LLP requested for its work on the tanker company's Chapter 11 case because the firm wants nearly $1.9 million for work that didn't help the estate.
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March 15, 2024
Canadian Miner Seeks $200M In Arbitration Against Mexico
A Canadian mining company plans to submit a claim for arbitration against Mexico over $200 million in alleged damages related to a precious metals deposit, saying the country has breached the Comprehensive and Progressive Agreement for Trans-Pacific Partnership.
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March 15, 2024
Disney Star Takes Zee To Arbitration Over Sports-Airing Pact
The Walt Disney Co.-owned Star India has begun proceedings in the London Court of International Arbitration against broadcaster Zee Entertainment Enterprises for failing to meet terms of an agreement related to the airing of certain cricket matches, Zee disclosed Friday.
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March 14, 2024
UK Top Court Wrongly Enforced $356M Award Against Romania
Britain violated European Union law when the U.K. Supreme Court ruled in 2020 that two Swedish food investors could resume their efforts to enforce a $356 million arbitral award against Romania, despite findings within the EU that the award is illegal, the bloc's highest court found on Thursday.
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March 14, 2024
PE Firm Says NY Court Can Help Resolve $142M Award Fight
A private equity firm has urged a New York federal court to exercise its jurisdiction over two paintings held by Christie's auction house, including one by Andy Warhol, as the firm looks to seize them to satisfy $142 million in arbitral awards against a Chinese restaurateur.
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March 14, 2024
Koch Can't Bring $30M Claim Against Canada Under NAFTA
Canada prevailed in a $30 million arbitration brought by Koch Industries over the province of Ontario's decision to cancel a cap-and-trade program in 2018, securing dismissal of the claim on jurisdictional grounds.
Expert Analysis
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How New Lawyers Can Leverage Feedback For Growth
Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.
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Twitter Legal Fees Suit Offers Crash Course In Billing Ethics
X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.
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ABA's Money-Laundering Resolution Is A Balancing Act
While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.
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Law Firm Professional Development Steps To Thrive In AI Era
As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.
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The Basics Of Being A Knowledge Management Attorney
Excerpt from Practical Guidance
Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.
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To Hire And Keep Top Talent, Think Beyond Compensation
Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.
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Defense Practice Pointers In Venezuela Bribe Case Dismissal
A Texas federal court’s recent dismissal of charges in U.S. v. Murta — one of over two dozen prosecutions targeting bribes paid to a Venezuelan state-owned oil company — highlights the complicated issues presented by cross-border investigations, and provides lessons for defense counsel representing foreign clients in U.S. prosecutions, say attorneys at Steptoe & Johnson.
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Strategies For Enforcing Arbitral Awards Against Sovereigns
When a large project or investment in a foreign country is unexpectedly expropriated by a new government, companies often prevail in arbitration — but if the sovereign refuses to pay up, collecting the arbitral award may require persistence, creativity, and a mixture of hard and soft approaches, say Gabe Bluestone and Jeff Newton at OmniBridgeway.
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Perspectives
More States Should Join Effort To Close Legal Services Gap
Colorado is the most recent state to allow other types of legal providers, not just attorneys, to offer specific services in certain circumstances — and more states should rethink the century-old assumptions that shape our current regulatory rules, say Natalie Anne Knowlton and Janet Drobinske at the University of Denver.
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Identifying Trends And Tips In Litigation Financing Disclosure
Growing interest and controversy in litigation financing raise several salient concerns, but exploring recent compelled disclosure trends from courts around the country can help practitioners further their clients' interests, say Sean Callagy and Samuel Sokolsky at Arnold & Porter.
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Opinion
OFAC Designation Prosecutions Are Constitutionally Suspect
Criminal prosecutions based on the Office of Foreign Assets Control’s sanctions-related listing decisions — made with nearly unfettered discretion through an opaque process — present several constitutional issues, so it is imperative that courts recognize additional rights of review, say Solomon Shinerock and Annika Conrad at Lewis Baach.
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9th Circ. Ruling Shows Int'l Arbitration Jurisdictional Snags
While the Ninth Circuit sidestepped the thorny and undecided constitutional question of whether a foreign state is a person for the purposes of a due process analysis, its Devas v. Antrix opinion provides important guidance to parties seeking to enforce an arbitration award against a foreign sovereign in the U.S., say attorneys at Wiley.
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Series
The Pop Culture Docket: Judge Elrod On 'Jury Duty'
Though the mockumentary series “Jury Duty” features purposely outrageous characters, it offers a solemn lesson about the simple but brilliant design of the right to trial by jury, with an unwitting protagonist who even John Adams may have welcomed as an impartial foreperson, says Fifth Circuit Judge Jennifer Elrod.
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Contract Disputes Recap: Nonmonetary Claims, Timeliness
Bret Marfut and Stephanie Magnell at Seyfarth look at recent decisions from the U.S. Civilian Board of Contract Appeals, the Armed Services Board of Contract Appeals and the U.S. Court of Federal Claims that shed light on the jurisdictional contours of the Contract Disputes Act and provide useful guidance on timely filings and jurisdiction over nonmonetary claims.
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4 Business-Building Strategies For Introvert Attorneys
Excerpt from Practical Guidance
Introverted lawyers can build client bases to rival their extroverted peers’ by adapting time-tested strategies for business development that can work for any personality — such as claiming a niche, networking for maximum impact, drawing on existing contacts and more, says Ronald Levine at Herrick Feinstein.