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International Arbitration
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January 02, 2024
Dominican Republic Looks To Nix $44M Landfill Award
The Dominican Republic has urged a D.C. federal judge to vacate a $43.6 million arbitral award issued to a Jamaican businessman by a divided international tribunal following a dispute over a landfill that allegedly created a public health crisis, saying the award was procured as a result of fraud.
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January 01, 2024
10 Sports And Betting Cases To Watch In 2024
An ever-increasing volume of lawsuits involving the NCAA highlights the list of sports and betting cases to watch in 2024, including battles over athletes' right to compensation for their name, image and likeness and their fight to collectively bargain and be designated as employees. Plus, racial discrimination suits against the NFL, and more. Here, Law360 looks at the top sports and betting cases the legal world will be watching in the new year.
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January 01, 2024
Trials To Watch In 2024
Major trials coming down the pike in 2024 include a wealthy Russian art collector's suit against Sotheby's, first bellwethers in multidistrict litigation over allegations Chiquita funded a violent group in Colombia, and a criminal case against U.S. Sen. Bob Menendez. Here's a rundown.
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January 01, 2024
3 International Arbitration Trends To Watch In 2024
In the new year, international arbitration practitioners will remain busy as they increasingly come to grips with artificial intelligence, look to new types of disputes in the construction and energy sectors and prepare for an expected onslaught of claims arising from Russia's invasion of Ukraine. Here are three international arbitration trends to watch in 2024.
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January 01, 2024
5 International Arbitration Cases To Watch In 2024
The new year is gearing up to be an exciting one for followers of international arbitration, as the D.C. Circuit gets set to decide whether millions of euros worth of arbitral awards can be enforced against Spain and a court in Delaware prepares to oversee one of the largest court-ordered sales in the state's history. And those are only two of the five cases we're watching in 2024.
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January 01, 2024
International Trade Policies To Watch In 2024
The Biden administration will continue reconfiguring commerce in 2024 in line with its “worker-centered trade policy,” a term that will continue to reshape supply chains and disrupt the World Trade Organization while Congress sifts through pending legislation. Here are Law360’s picks for trade policy areas to watch in 2024.
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December 22, 2023
Crowell & Moring Reaches Deal In Walgreens-Humana Conflict
Crowell & Moring LLP has reached a settlement with Walgreens in a bitter dispute stemming from a nine-figure arbitration award against the pharmacy chain, according to an order issued Friday in Washington, D.C., Superior Court.
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December 21, 2023
Miami Firm Faces Sanctions Bid After Trial Delay
Shareholders of a Venezuela-linked bank are calling on a Florida federal judge to sanction the bank's attorneys at Miami-based law firm Diaz Reus & Targ LLP for allegedly engaging in an "egregious and unethical pattern of misconduct" that ultimately delayed an expected October trial.
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December 21, 2023
Venezuela Oil Co. Can't Halt ConocoPhillips' $8.5B Award Bid
Venezuela and its state-owned oil company can't escape litigation brought by ConocoPhillips in an attempt to collect on an $8.5 billion arbitral award by targeting the entity's shares in Citgo's parent company, a Delaware federal judge has ruled, saying there's nothing "inequitable" about the effort to enforce the award.
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December 21, 2023
NY Atty Freed After Deal To Hand Over Docs In $5.2M Suit
An 82-year-old New York attorney was ordered freed Thursday after spending over a year in federal jail for repeatedly refusing to turn over discovery as part of a dispute alleging he took $5.2 million while working as an escrow agent for an ex-client's major bitcoin deal.
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December 21, 2023
Quinn Emanuel Hires Cross-Border Disputes Pro From MoFo
Quinn Emanuel Urquhart & Sullivan UK LLP has recruited a cross-border disputes expert from Morrison Foerster LLP in a bid to bulk up its growing capabilities in complex litigation.
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December 21, 2023
Vale Can't Dodge Dam Collapse Suit Via Brazilian Arbitration
Vale SA can't dodge an attempt by BHP Group to drag the Brazilian miner into its potential £36 billion ($45.6 billion) damages exposure stemming from a collapsed dam, with a court finding on Thursday it is "artificial" to argue the matter belongs in arbitration.
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December 21, 2023
Nigeria Gets $11B Arbitration Award Set Aside After Fraud
A London court refused on Thursday to send an $11 billion arbitration award issued against Nigeria back for reconsideration, ruling that the award was procured by a fraud orchestrated by an oil and gas company and its legal team.
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December 20, 2023
9th Circ. Urged To Revisit Its Coinbase Arbitration Ruling
The Ninth Circuit has been asked to rethink a panel ruling that cryptocurrency exchange Coinbase can arbitrate its claims from a class of consumers alleging it failed to curb unauthorized transfers, with the suit's plaintiff arguing the panel ignored precedent stating that agreements like the one in place at Coinbase are unconscionable.
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December 20, 2023
Biggest Trade Policy Moves Of 2023: Year In Review
This year saw every federal agency dedicated to trade redouble efforts to stop U.S. funds and technology from flowing to adversaries, from the largest-ever export controls settlement to a fresh round of semiconductor rules and new curbs on outbound investments. Here, Law360 looks back at some of the biggest international trade developments of 2023.
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December 20, 2023
Insurers Can't Block €425M Venezuela Claims Made Overseas
A London appeals court refused on Wednesday to allow insurers to prevent Venezuela from pursuing claims worth €425 million ($460 million) over a sunken vessel in other countries despite arbitration clauses requiring disputes to be settled in Britain.
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December 20, 2023
CIA Detainee Can Sue UK Gov't Over Torture
Complaints by a CIA prisoner that British spies were complicit in his capture and torture by the U.S. intelligence agency are enough to allow him to bring a personal injury claim in England, the U.K.'s highest court ruled Wednesday.
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December 19, 2023
Europe Extends Tariff Relief As Steel Talks Drag On
U.S. exporters won't face the return of duties on European shipments in the new year. As expected, the European Union announced early Tuesday an extension of the current temporary trade truce that will see the trans-Atlantic trade partners through upcoming elections.
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December 19, 2023
Emcure Seeks Fees After $950M Vax Trade Secrets Suit Nixed
Indian generic-drug maker Emcure Pharmaceuticals Ltd. is now seeking more than $3.2 million in attorney fees after convincing a Washington federal judge to toss on jurisdictional grounds Seattle-based HDT Bio Corp.'s $950 million lawsuit accusing it of stealing its COVID-19 vaccine.
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December 19, 2023
GE Presses 11th Circ. To Keep Turbine Suit In Arbitration
General Electric has urged the Eleventh Circuit to keep a $28 million dispute over an Algerian power plant turbine failure in arbitration, arguing that even though the plant owners weren't signatories to a services contract with the facility operator, they benefited from the agreement.
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December 19, 2023
Spain Can Appeal Ruling Blocking €855M Oil Spill Ruling
A London judge on Tuesday granted Spain permission to challenge a ruling that prevented it from enforcing a €855 million ($938 million) Spanish judgment against maritime insurers over a huge oil spill off the Spanish and French coasts in a long-running arbitration dispute.
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December 18, 2023
Contractor Brings $285M Arbitrator Bias Case To High Court
A contractor enlisted on a multibillion-dollar project to widen the Panama Canal has urged the U.S. Supreme Court to review an Eleventh Circuit decision refusing to vacate $285 million in arbitral awards, arguing the justices must resolve lingering confusion over the vacatur standard for evident partiality.
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December 18, 2023
Florida Credit Union Must Face Overdraft Fee Suit
A Florida federal judge won't toss or compel arbitration in a proposed class action claiming that Space Coast Credit Union collected improper overdraft fees on transactions, ruling that the lender's failure to comply with rules set by the American Arbitration Association makes litigation appropriate.
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December 18, 2023
Seller's Bid To Halt Amazon Arbitration Nixed As 'Frivolous'
A New York federal judge has nixed a Chinese electronics seller's bid to halt its arbitration with Amazon over the arbitrator's alleged bias, saying the seller's motion was predicated on a nonexistent U.S. statute and cited arbitration law that exists only in the U.K.
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December 18, 2023
UK University Adds 2 To Social Justice Research Center
The U.K.'s Anglia Ruskin University, a public university located in Cambridge, announced the appointment of two academics to its Centre for Access to Justice and Inclusion, or CAJI, including an expert with a particular focus on human rights and artificial intelligence.
Expert Analysis
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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.
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7 Tips To Increase Your Law Firm's DEI Efforts In 2023
Law firms looking to advance their diversity, equity and inclusion efforts should consider implementing new practices and initiatives this year, including some that require nominal additional effort or expense, say Janet Falk at Falk Communications and Gina Rubel at Furia Rubel.
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Series
Keys To A 9-0 High Court Win: Get Back To Home Base
When I argued for the petitioner in Morgan v. Sundance before the U.S. Supreme Court last year, I made the idea of consistency the cornerstone of my case and built a road map for my argument to ensure I could always return to that home-base theme, says Karla Gilbride at Public Justice.
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WTO Interim Appeals Award Demonstrates Process's Benefits
The first award from the World Trade Organization interim arbitration arrangement, recently issued in a dispute over Colombian tariffs, shows that members have a viable independent review process that can offer prompt and effective dispute resolution, although some may criticize the award as an example of interpretive activism, says Alan Yanovich at Akin Gump.
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Atty-Client Privilege Arguments Give Justices A Moving Target
Recent oral arguments before the U.S. Supreme Court in a case regarding the scope of the attorney-client privilege appeared to raise more questions about multipurpose counsel communications than they answered, as the parties presented shifting iterations of a predictable, easily applied test for evaluating the communications' purpose, say Trey Bourn and Thomas DiStanislao at Butler Snow.
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5 Gen X Characteristics That Can Boost Legal Leadership
As Generation X attorneys rise to fill top roles in law firms and corporations left by retiring baby boomers, they should embrace generational characteristics that will allow them to become better legal leaders, says Meredith Kahan at Whiteford Taylor.
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6 Questions For Boutique Firms Considering Mergers
To prepare for discussions with potential merger partners, boutique law firms should first consider the challenges they hope to address with a merger and the qualities they prioritize in possible partner firms, say Howard Cohl and Ron Nye at Major Lindsey.
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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.