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International Arbitration
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January 03, 2024
Galderma Labs Seeks OK Of Award Over Botox-Like Treatment
Galderma Laboratories has asked a Texas federal court to enforce an arbitral award in its trade secrets dispute with Ipsen Biopharm over an application seeking U.S. government approval of a Botox-like treatment, saying the parties are bound by an International Chamber of Commerce arbitration.
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January 03, 2024
World Court To Consider Israel Genocide Case Next Week
The International Court of Justice will hold public hearings next week in South Africa's case accusing Israel of genocide for its actions in the Gaza Strip, a proceeding that an Israeli government official has derided as "absurd blood libel."
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January 03, 2024
Chilean Wind Power Co. Gets OK For Prepack Reorg Plan
A New York bankruptcy judge Wednesday approved Inversiones Latin America Power Ltda.'s prepackaged plan to restructure $391 million in debt a little over a month after the Chilean wind power company entered Chapter 11.
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January 02, 2024
Ecuador Wants Texas Court To OK $6M Award Against Worley
Ecuador has tapped a federal court in Houston to enforce a $6 million arbitral award against Worley after an international tribunal found that the engineering firm had paid bribes to secure lucrative contracts relating to several oil refinery projects with the country's state-owned oil company.
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January 02, 2024
Panthera Unit Targeting India Over Rejected Gold Mine
British gold miner Panthera Resources Plc said an Australian subsidiary is starting to pursue an investment treaty claim against India over a rejected mining project reported to potentially be worth more than $1 billion.
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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.
Expert Analysis
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Dispute Prevention Strategies To Halt Strife Before It Starts
With geopolitical turbulence presenting increased risks of business disputes amid court backlogs and ballooning costs, companies should consider building mechanisms for dispute prevention into newly established partnerships to constructively resolve conflicts before they do costly damage, say Ellen Waldman and Allen Waxman at the International Institute for Conflict Prevention and Resolution.
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5th Circ. Ruling Leaves Open Questions On FCPA Liability
In its recent revival of Foreign Corrupt Practice Act charges against two defendants in U.S. v. Rafoi, the Fifth Circuit avoided ruling on key issues addressed last year in a long-running Second Circuit case, thus creating open questions on secondary theories of FCPA liability, say attorneys at Debevoise.
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Practical Skills Young Attorneys Must Master To Be Happier
For young lawyers, finding happiness on the job — with its competitive nature and high expectations for billable hours — is complicated, but three skills can help them gain confidence, reduce stress and demonstrate their professional value in ways they never imagined, says career counselor Susan Smith Blakely.
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US Case May Open New Venue For Investor-State Disputes
A U.S. investor's novel arguments in a recently filed federal case against the government of Curaçao and St. Maarten, in which she argues that a 1957 treaty between the U.S. and The Netherlands provides jurisdiction, could open up new avenues for plaintiffs to sue foreign governments for alleged breaches of international law, say attorneys at Hogan Lovells.
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ABA Opinion Should Help Clarify Which Ethics Rules Apply
A recent American Bar Association opinion provides key guidance on interpreting ABA Model Rule 8.5's notoriously complex choice-of-law analysis — and should help lawyers authorized to practice in multiple jurisdictions determine which jurisdiction's ethics rules govern their conduct, say attorneys at HWG.
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4 Ways To Reboot Your Firm's Stalled Diversity Program
Law firms that have failed to see real progress despite years of diversity initiatives can move forward by committing to tackle four often-taboo obstacles that hinder diversity, equity and inclusion efforts, says Steph Maher at Jaffe.
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DOJ's Google Sanctions Motion Shows Risks Of Auto-Deletion
The U.S. Department of Justice recently hit Google with a sanctions motion over its alleged failure to preserve relevant instant-messaging communications, a predicament that should be a wake-up call for counsel concerning the danger associated with automatic-deletion features and how it's been handled by the courts, say Oscar Shine and Emma Ashe at Selendy Gay.
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Sanctions Enforcement Around The G-7: View From The US
The recent creation of the G-7 Enforcement Coordination Mechanism, to be chaired by the U.S. in its first year, signals that companies should prepare for increased enforcement of Russia sanctions and better coordination of such efforts among member nations, say attorneys at Baker McKenzie.
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What To Expect From A Litigation Finance Industry Recession
There's little data on how litigation finance would fare in a recession, but a look at stakeholders' incentives suggests corporate demand for litigation finance would increase in a recessionary environment, while the number of funders could shrink, says Matthew Oxman at LexShares.
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Combating Russia's Evolving Sanctions Evasion Efforts
As the war in Ukraine enters its second year, Russia and its oligarch class will continue their attempts to elude sanctions, and regulators from the U.S. and allied nations will keep searching for ways to beat them back, say Ian Herbert at Miller & Chevalier and Brad Dragoon at Charles River.
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EU Investors May Find Remedy In Foreign Antisuit Injunctions
In a duo of recent cases, a D.C. federal court called antisuit injunctions "strong medicine" against Spain's attempt to deprive the court of its jurisdiction, and may have prescribed just what the doctor ordered for European Union investors seeking to enforce intra-EU claims, say Gregory Williams and Tatiana Sainati at Wiley.
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Volatile Energy Prices Complicate Int'l Arbitration Damages
In the turbulent global energy market, international arbitration is a crucial tool for resolving cross-border disputes — but determining how, if at all, to account for recent energy price spikes when quantifying damages presents many challenges for tribunals, say attorneys at White & Case.
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Justices Leave Questions Open On Dual-Purpose Atty Advice
The U.S. Supreme Court's recent dismissal of In re: Grand Jury on grounds that certiorari was improvidently granted leaves unresolved a circuit split over the proper test for deciding when attorney-client privilege protects a lawyer's advice that has multiple purposes, say Susan Combs and Richard Kiely at Holland & Hart.
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New US Controls May Deter Outside Support For Russia
On the first anniversary of Russia’s invasion of Ukraine, the U.S. published a tranche of new rules that further complicate the sanctions and export control landscape, in part by adding non-Russian parties that help Russia evade sanctions, and Iranian exports of foreign-produced items made with U.S. technology, say attorneys at Ropes & Gray.
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Steps Lawyers Can Take Following Involuntary Terminations
Though lawyers can struggle to recover from involuntary terminations, it's critical that they be able to step back, review any feedback given and look for opportunities for growth, say Jessica Hernandez at JLH Coaching & Consulting and Albert Tawil at Lateral Hub.