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International Arbitration
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April 17, 2024
Gazprom Unit Fights Ruling Blocking Russian UniCredit Claim
A Gazprom joint venture told the U.K. Supreme Court on Wednesday that appeal judges in England did not have jurisdiction to grant an anti-suit injunction blocking its €450 million ($480 million) claim in Russia against UniCredit Bank.
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April 17, 2024
Withers Adds Ex-Debevoise Middle East Arbitration Pro In NY
Withers has hired a former Debevoise & Plimpton LLP counsel as a senior equity partner in its New York office.
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April 16, 2024
Nigeria Looks To High Court Case To Nix OK Of $70M Award
Nigeria has told the D.C. Circuit that the U.S. Supreme Court's recent opinion clarifying the reach of a carveout in federal arbitration law helps to boost its case looking to nix enforcement of a nearly $70 million arbitral award on sovereign immunity grounds.
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April 16, 2024
Businessman Urges Calif. Court To Refuse $4.4M Award
A businessman who signed agreements with a Chinese energy management company on behalf of two different investment funds has told a California federal court that he never received proper notice about an arbitration that resulted in a $4.4 million award against him.
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April 16, 2024
5th Circ. Rejects La. Homeowners' Repeat Hurricane Claim
The Fifth Circuit declined Tuesday to revive a Louisiana couple's proposed class action alleging that their insurer's method of evaluating their Hurricane Ida property damage violated state law, affirming that a previous, related lawsuit the couple filed barred the present claim from coverage.
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April 16, 2024
Smartmatic Settles Election Defamation Suit Against OANN
Electronic voting system company Smartmatic has settled its defamation suit in Washington, D.C., federal court alleging One America News Network peddled conspiracy theories claiming the firm rigged voting machines during the 2020 presidential election, the company said in a statement Tuesday.
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April 16, 2024
Atty Fights $268K Sanction Over Fake Newspaper Filing
A Seattle attorney ordered to pay $268,000 after being accused of filing a fake newspaper called the "The Saudi Sun" as a court exhibit wants the Ninth Circuit to overturn the sanction, arguing that it resulted from judicial misconduct and corruption.
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April 16, 2024
Hill Dickinson Bolsters Disputes Team With New Partner
Hill Dickinson LLP has snapped up a partner from Teacher Stern LLP to join its commercial litigation team, bringing a wealth of dispute resolution and crisis management experience to the table.
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April 15, 2024
Academics Push To Cut Investor Arbitration From Trade Deals
Hundreds of law and economics professors have joined the chorus of calls on the left pressing U.S. President Joe Biden to snip investor-state dispute settlement provisions from existing trade deals, saying the legal mechanism privileges corporate entities over domestic citizens.
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April 15, 2024
Watson Farley Hires 2 Singapore Partners From McDermott
Watson Farley & Williams LLP has tapped two energy lawyers from McDermott Will & Emery LLP to serve as partners in the global law firm's Singapore office, saying they bring broad expertise in advising a range of Asia-Pacific clients on project development in power and renewables.
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April 15, 2024
Naftogaz Urges Court To Uphold $5B Award Against Russia
Ukraine's state-owned oil company has hit back at Russia's bid in D.C. federal court to toss its attempt to enforce a $5 billion arbitral award it won after its Crimean assets were seized following Russia's annexation of the peninsula, saying the court has jurisdiction over the case.
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April 15, 2024
Tyson Can't Have Reinsurance Row In UK, Appeal Court Rules
A London appeals court on Monday dismissed a bid by a Tyson Foods Inc. subsidiary to overturn a ruling that prevented the food giant from bringing proceedings in England in a jurisdictional row involving two reinsurance contracts over fire coverage.
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April 15, 2024
Justices Won't Hear Brokerage's Arbitration Claim In Fees Suit
The U.S. Supreme Court declined on Monday to hear HomeServices of America's argument that certain class members in a lawsuit over real estate agents' commissions should have been compelled to arbitrate their antitrust claims rather than taking them to a jury.
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April 12, 2024
S. Korea Must Pay Mason $32M In Samsung Merger Fight
An international tribunal ordered South Korea to pay Mason Capital Management LLC $32 million in a long-running investor-state suit filed by the New York-based hedge fund over the 2015 merger of two Samsung affiliates, according to the South Korea Ministry of Justice.
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April 12, 2024
Peru Says Gramercy's $100M Bond Arbitration Bid Too Late
Peru is hitting back at Connecticut-based hedge fund Gramercy's bid to enforce a $100 million arbitral award that it secured over the country's valuation of old government bonds, telling a D.C. federal court that the investor had failed to bring its challenge within three years of learning of the alleged misconduct as required by a bilateral trade agreement.
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April 12, 2024
GPS Legal Co-Founder In HK Launches New Law Firm
An international arbitration lawyer and litigator who co-founded Hong Kong law firm Georgiou Payne Stewien has said he has left it to launch his own firm.
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April 19, 2024
Morgan Lewis Bolsters Munich Office With Partner Hire
Morgan Lewis & Bockius LLP has hired the Munich office managing partner of Reed Smith LLP to shepherd its expanding global disputes practice.
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April 19, 2024
Lewis Silkin Brings Back Disputes Pro From Hausfeld
Lewis Silkin LLP has rehired a technology and insolvency expert from Hausfeld LLP in a bid to boost its commercial disputes practice.
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April 11, 2024
DC Circ. Mulls Jurisdiction In Fight Over Jewish Texts
The D.C. Circuit is set to decide whether a D.C. federal court can consider a Jewish group's allegations that Russia is illegally holding onto its long-lost sacred religious texts, after hearing arguments early Thursday in the appeal of a case that's been kicking around the lower court's docket for two decades.
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April 11, 2024
Investors Again Seek Asset Freeze To Enforce $60M Awards
Two Chinese investment firms have again urged a California federal court to impose a worldwide freeze against a renewable energy company's assets as they seek to enforce about $60 million in arbitral awards, saying the company is in increasing financial distress.
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April 11, 2024
Ex-Ellenoff Grossman Atty Faces Possible Firing Suit Remand
A former Ellenoff Grossman & Schole LLP associate's suit saying she was fired for protesting sexual harassment should return to state court, a New York federal judge recommended, saying the federal court can't enforce arbitration pacts invalidated by a 2022 amendment to the Federal Arbitration Act.
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April 11, 2024
ECHR Climate Ruling Provides Blueprint For Future Litigation
A ruling from Europe's top human rights court that countries have obligations to protect their citizens from climate change could serve as a blueprint for other litigation brought by activists seeking to force action from governments and corporations over a warming planet.
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April 10, 2024
Full 9th Circ. Asked To Rethink Tanker Seizure Ruling
Several operators of liquid petroleum gas carrier vessels have petitioned the full Ninth Circuit to rethink a circuit panel ruling that a nearly 800-foot crude oil tanker cannot be seized to enforce approximately $10 million in arbitral awards against a defunct gas shipping company.
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April 10, 2024
La. Top Court Asked To Hear Insurance Arbitration Questions
The Louisiana Supreme Court should examine the enforceability of arbitration clauses in certain insurance contracts as lawsuits seeking coverage for hurricane damage mount, a Louisiana district court said, certifying a series of questions to the state high court after the Fifth Circuit found they were enforceable.
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April 10, 2024
Spain To Face Claim Over Nixed Uranium Processing Plant
Clean energy company Berkeley Energia Ltd. on Wednesday said it has retained Herbert Smith Freehills and the Spanish firm LCS Abogados to file an investor-state claim on its behalf against Spain after the country shut down its bid to construct a uranium processing plant in 2021.
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.