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International Arbitration
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April 30, 2024
Chairman Ousted After Sex Scandal Looks To Prod Arbitration
The ousted chairman of software investment company The Resource Group International Ltd. is urging a New York court to order his former company to submit to his arbitration claim, in which he accuses its top brass of improperly profiting after he resigned following a sexual harassment scandal.
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April 30, 2024
Chiquita Capitalized On Colombian War, Victims' Families Say
Attorneys representing the families of 10 men killed during Colombia's civil war told a Florida federal jury Tuesday that the Chiquita banana company is liable for their deaths, saying it knowingly funded a right-wing narcoterrorist group that committed atrocities against its workers as the fruit corporation expanded its business.
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April 30, 2024
Insurance Mogul Can't Escape $164M Dutch Payout Yet
A shareholder accused of raiding a Dutch insurer's coffers can't stop it from trying to enforce a nearly $164 million arbitration victory, a North Carolina federal judge ruled, finding that he didn't show it's not enforceable in U.S. courts.
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April 30, 2024
HSF's Paula Hodges On Arbitration's Future — And Her Own
Herbert Smith Freehills LLP announced earlier this month that Paula Hodges KC will retire from the firm as of Wednesday, with Simon Chapman KC and Andrew Cannon taking her place as co-heads of the global arbitration practice. Law360 recently sat down with Hodges, who spent her entire 37-year career at Herbert Smith Freehills, to talk about what's next, how commercial arbitration has evolved over her career, and her experience as one of the first women in international arbitration.
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April 30, 2024
Oil Co. Claims Nigeria In For Windfall From $11B Win Legal Bill
An oil and gas company urged a London appellate court on Tuesday to change the currency for Nigeria's legal costs from a battle over an $11 billion arbitration award due to bribery and fraud, arguing the West African state would profit from exchange rate fluctuations.
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April 30, 2024
Know Your AI Tools' Limits, Silicon Valley Arbitrators Warn
All participants in an arbitration proceeding that incorporates artificial intelligence are responsible for understanding the tech's use and limitations, according to guidelines released Tuesday by the Silicon Valley Arbitration & Mediation Center.
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April 29, 2024
Herbert Smith Adds Bankruptcy Pro To Thai Disputes Practice
Herbert Smith Freehills has hired an expert in construction disputes and insolvency and bankruptcy matters as a new partner for its Bangkok office, a move the firm says will strengthen its disputes practice in Thailand's capital.
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April 29, 2024
Dentons, Boies Schiller Hit With $300M Fraud Suit
The owner of a company that attempted to contract with Senegal to develop a power plant in the African nation has filed a $300 million racketeering suit against Dentons and Boies Schiller Flexner LLP, accusing the BigLaw firms of fraud and extortion in connection with their allegedly botched representation of the company.
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April 29, 2024
'Tornado Cash' Crypto Fraud Wasn't Free Speech, Feds Say
The founder of the Tornado Cash cryptocurrency exchange is mistaken in his arguments that First Amendment protections on computer code are grounds to dismiss his money laundering and sanctions-dodging charges, prosecutors told a Manhattan federal judge.
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April 29, 2024
Catching Up With Delaware's Chancery Court
A multibillion-dollar Tesla trust proposal, a Truth Social bond, power plays over Prince's estate, and three in the ring for World Wrestling Entertainment. All of this and much more came up in Delaware Chancery Court dockets last week.
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April 29, 2024
9th Circ. Urged To Revive Nazi-Looted Art Claim
A California man who has been trying for nearly two decades to get a Spanish museum to return a painting that the Nazis stole from his great-grandmother is urging the Ninth Circuit to rethink a unanimous panel decision concluding that the museum is under no obligation to do so.
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April 29, 2024
Venezuela Says It Has Proof Of Special Master Improprieties
Venezuela has asked a Delaware federal judge to disqualify the special master overseeing the sale of Citgo Petroleum Corp.'s parent company to repay billions of dollars in Venezuelan debt, saying it now has proof he engaged in improper advocacy before the Biden administration.
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April 29, 2024
Justices Deny Review Of Hezbollah-Tied Bank's Immunity
The U.S. Supreme Court on Monday refused to examine whether sovereign immunity shields a defunct Lebanese bank from terrorism victims' allegations the bank funded Hezbollah, despite the victims' contention that an answer would provide clarity for disputes involving foreign trade.
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April 26, 2024
Law360 Reveals Titans Of The Plaintiffs Bar
In the past year, plaintiffs have won settlements and judgments for millions and billions of dollars from companies such as Wells Fargo, Goldman Sachs, Facebook and Fox News, with many high-profile cases finally wrapping up after years of fighting. Such cases — involving over-the-top compensation packages, chemical contamination, gender discrimination and data mining — were led by attorneys whose accomplishments earned them recognition as Law360's Titans of the Plaintiffs Bar for 2024.
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April 26, 2024
Europeans Try To Ease Dispute Process In Canada Trade Pact
The European Commission on Friday proposed new rules to help small and medium-sized businesses access a yet-to-be established investor court that was included in the bloc's nearly seven-year-old trade deal with Canada.
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April 26, 2024
Panama Canal Project Fight Sent Back To Chancery
A Delaware federal judge on Thursday remanded litigation arising from a lucrative port project near the Panama Canal in an order that also notes his "deep concerns" over a theory that the dispute belongs in arbitration, made by the companies accused of stealing control of the project.
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April 26, 2024
Petrol Mogul Says Subsidiary Liable For $7M Baker Botts Fees
An Egyptian energy tycoon has denied allegations in a London court that he owes Baker Botts LLP almost $7 million in fees for two of his petrochemical companies, arguing that a partner at the law firm said his company would not be liable for the costs of its subsidiaries.
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April 25, 2024
Incarceration Can't Get Default Nixed In $92M Award Suit
A California federal court has refused to set aside an entry of default against a Russian businessman accused of engaging in a scheme to avoid paying a more than $92 million arbitral award, rejecting his defense that he couldn't respond because he was incarcerated in France.
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April 25, 2024
Exail Looks To Nix Suit Challenging Award In Aerospace Feud
High-tech industrial group Exail SAS on Thursday urged a New York court to toss litigation filed by two units of French aerospace and defense corporation Safran looking to vacate an arbitral award issued in a high-stakes dispute arising from a decades-old licensing agreement.
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April 25, 2024
Quinn Emanuel, Morgan Lewis Make Strides In Saudi Arabia
Quinn Emanuel Urquhart & Sullivan LLP and Morgan Lewis & Bockius LLP have set their sights on Saudi Arabia, announcing steps toward establishing themselves in its capital city of Riyadh on Thursday.
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April 24, 2024
Energy Charter Treaty Backlash Hints At Broader Arbitration Woes
Lawmakers in Europe on Wednesday overwhelmingly consented to the European Union's withdrawal from the Energy Charter Treaty, adding to an increasing global backlash against investor-state arbitration that was also laid bare in a vote by Ecuadorians decisively rejecting the mechanism this past weekend.
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April 24, 2024
Ex-Yukos Oil Shareholders To Auction Russian Vodka Brands
The Benelux rights to trademarks for 18 Russian vodka brands, including Stolichnaya and Moskovskaya, will go to auction in June in the Netherlands, the former shareholders of Yukos Oil Co. said Wednesday as they sought to enforce arbitral awards now valued at $60 billion.
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April 23, 2024
Forbes Wins Bid To Nix Order In Mexican Distributor Fight
A New York federal judge on Tuesday barred a Mexican distributor of Forbes magazine from trying to enforce an order from a court in Mexico City precluding the publication from terminating their deal while the companies gear up to arbitrate a renewal dispute.
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April 23, 2024
JAMS Implements Rules For AI-Related Disputes
JAMS announced Tuesday that it has implemented new rules governing disputes involving artificial intelligence, making it the first organization in the alternative dispute resolution industry to establish an AI-tailored legal framework.
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April 23, 2024
UK Rules Sri Lanka Ship Insurance Row Must Be In London
A U.K. judge ruled Tuesday that a Sri Lankan shipping company cannot sue a London-based insurer in its home country over liability for a sunken container ship because the insurance contract is governed by English law.
Expert Analysis
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The Legal Industry Needs A Cybersecurity Paradigm Shift
As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.
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5 Reasons Associates Shouldn't Take A Job Just For Money
As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.
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Series
Playing Competitive Tennis Makes Me A Better Lawyer
My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.
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Series
The Pop Culture Docket: Judge Djerassi On Super Bowl 52
Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.
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Employee Experience Strategy Can Boost Law Firm Success
Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.
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Series
Competing In Triathlons Makes Me A Better Lawyer
While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.
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Where Justices Stand On Chevron Doctrine Post-Argument
Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.
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Perspectives
6 Practice Pointers For Pro Bono Immigration Practice
An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.
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Lessons From Country Singer's Personal Service Saga
Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.
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Key Litigation Funding Rulings Will Drive Reform In 2024
Ground-breaking judgments on disputes funding and fee arrangements from 2023 — including that litigation funding agreements could be damages-based agreements, rendering them unenforceable — will bring legislative changes in 2024, which could have a substantial impact on litigation risk for several sectors, say Verity Jackson-Grant and David Bridge at Simmons & Simmons.
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Will Justices Settle Decades-Old Split On Arbitrator Conflicts?
Whether an arbitrator's failure to disclose a potential conflict of interest is sufficient grounds to vacate an arbitration award is the subject of an almost 60-year-old circuit split that the U.S. Supreme Court is positioned to resolve if it grants cert in either of two writs pending before it, say attorneys at Norton Rose.
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Protections May Exist For Cos. Affected By Red Sea Attacks
Companies whose ships or cargo have been affected by the evolving military conflict in the Red Sea, and the countries under whose flags those ships were traveling, may be able to seek redress through legal action against Yemen or Iran under certain international law mechanisms, say attorneys at Alston & Bird.
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Series
Baking Bread Makes Me A Better Lawyer
After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.
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Federal Courts And AI Standing Orders: Safety Or Overkill?
Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.
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Wachtell-X Ruling Highlights Trend On Arbitrability Question
A growing body of case law, including a California state court's recent decision in X Corp. v. Wachtell, holds that incorporation of specific arbitral body rules in an arbitration provision may in and of itself constitute clear and unmistakable evidence of delegation of arbitrability to an arbitrator, and thus such clauses should be drafted carefully, say attorneys at Norton Rose.