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International Arbitration
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February 06, 2024
11th Circ. OKs Big Lots Widow's $9.6M Win Against Grandsons
The two grandsons of the Big Lots founder's widow owe her estate $9.6 million for mismanaging her fortune, an Eleventh Circuit panel ruled Tuesday, refusing to overturn an arbitration tribunal award after finding that its chairperson had no conflict of interest and that a virtual final hearing was appropriate in the case.
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February 06, 2024
Wimbledon Champ's Doping Ban Appeal Starts Wednesday
The doping ban appeal of Romanian professional tennis player Simona Halep will begin on Wednesday and is expected to wrap up by the end of the week, the Court of Arbitration for Sport said Tuesday.
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February 05, 2024
Sony Gets No Relief From Emergency Arbitrator In Nixed Deal
The Singapore International Arbitration Center has denied Sony's bid for emergency relief to prevent Zee Entertainment Enterprises Ltd. from initiating legal action to contest a decision by the Japanese company's Indian unit to terminate their $10 billion merger, Zee said.
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February 05, 2024
Justices Urged To Turn Away $392M Arbitrator Bias Suit
An oil company has urged the U.S. Supreme Court to deny a petition asking it to overturn the Second Circuit standard for vacating arbitral awards over apparent arbitrator bias, arguing that any differences in the federal appeals courts over the evident partiality standard are "academic."
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February 05, 2024
US Backs Spain In $386M Solar Award Cases
The Biden administration is urging the D.C. Circuit not to enforce some $386 million in arbitral awards issued to investors after Spain dialed back its renewable energy incentives, arguing that courts need not defer to arbitrators when deciding whether an arbitration agreement exists.
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February 02, 2024
Ukraine Suffers Setback In Russia Genocide Case
The International Court of Justice on Friday tossed a significant portion of the case Ukraine filed against Russia following the events of February 2022 on jurisdictional grounds, saying it cannot decide whether Moscow's invasion violated a decades-old anti-genocide treaty.
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February 02, 2024
Hemp Co. Founder Says Court Should Uphold $1.7M Win
A cannabis entrepreneur has urged a federal judge in Manhattan to reject Neptune Wellness Solutions Inc.'s "frivolous" bid to "re-litigate" an arbitration award of $1.7 million in attorney fees and expenses, saying the arbitrator didn't need to follow New York law.
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February 02, 2024
Judge Tosses Involuntary Releases In Amyris Ch. 11 Plan
A Delaware bankruptcy judge on Friday struck down biotechnology company Amyris Inc.'s plan to shield executives and others from liability using nonconsensual releases as part of its Chapter 11 plan, finding that Amyris can reorganize without relying on the controversial mechanism.
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February 02, 2024
Off The Bench: NIL In Court, $3B Golf Deal, Angelos Sells O's
In this week's Off The Bench, the NCAA's legal woes mount as two states lob antitrust claims against its name, image and likeness payment rules, the PGA Tour secures a $3 billion investment as talks with LIV Golf trudge on, and the Angelos family sells its stake in the Baltimore Orioles.
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February 02, 2024
Gazprom Subsidiary Told To Halt Claim Proceedings In Russia
A London appeals court on Friday granted an anti-suit injunction against a Gazprom joint venture, putting a halt to its €450 million ($488 million) claim in the Russian courts against UniCredit Bank AG for allegedly refusing to pay out under seven bond contracts.
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February 02, 2024
Holiday Inn Owner, Insurers Settle Suit Over $11M Ida Award
A New Orleans Holiday Inn owner asked a Louisiana federal court to permanently dismiss its suit against three insurers over an $11.4 million arbitration award and related bad faith claims after the parties reached a settlement in January.
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February 02, 2024
Cozen O'Connor Adds Rivero Mestre Business Litigator In NY
Cozen O'Connor has hired a Rivero Mestre LLP international business litigator who focuses his practice on cross-border business disputes originating in Latin America to the firm's New York City-based commercial litigation group.
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February 01, 2024
175 Biz Groups Lobby WTO To Keep Block On Digital Duties
The World Trade Organization should renew a decades-old suspension of tariffs on electronic commissions at its upcoming Ministerial Conference to ensure a future of innovation and resiliency, 175 business associations from around the world told the WTO in a statement.
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February 01, 2024
Oil Price Cap Coalition Outlines Top Evasion Tactics
The countries behind the Russian oil price cap, or OPC, issued new guidance Thursday outlining the primary tactics used to evade the $60 per barrel limit, including the increasing use of byzantine corporate structures to hide prohibited transactions.
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February 01, 2024
Mexico Can't Confirm US Labor Claims At Fujikura Auto Plant
Investigators from Mexico's Ministry of Labor and Ministry of Economy said Wednesday they can't verify U.S.-backed claims of labor rights violations and discrimination against former union organizers at an automotive plant in Piedras Negras, Coahuila.
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February 01, 2024
Former Gov. Of Puerto Rico Joins Reed Smith From Steptoe
Reed Smith LLP announced Thursday that it has hired two partners to its Washington, D.C., and New York offices, including a former governor of Puerto Rico.
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February 01, 2024
Spain Doesn't Have To Pay Upfront In €120M Energy Row
An appeals court said Thursday it had found "no compelling reason" to make Spain's challenge to a €120 million ($130 million) arbitral award for slashing economic incentives for renewable energy investors conditional on the state paying the full amount upfront.
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January 31, 2024
Worker-Centered Trade Faces Headwinds From Lawmakers
President Joe Biden's goal to recalibrate international trade to support middle-class jobs is facing headwinds following a series of trade negotiation setbacks, an exodus of high-level staffers, and now a congressional threat to his nomination of a deputy trade representative.
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January 31, 2024
11th Circ. Skeptical Of Bid To Nix Retail Heiress's Award
The Eleventh Circuit appeared disinclined on Wednesday to vacate an arbitral award finding the grandsons of a retail store heiress liable for mismanaging her $70 million fortune based on the tribunal chair's failure to disclose a lawsuit she filed against State Farm, which had recently hired one of the grandsons.
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January 31, 2024
Watchdog Calls For Written Guidance On Autos
A government watchdog report Wednesday urged the Office of the U.S. Trade Representative to develop written guidance to better partner with other federal offices on the Interagency Committee on Trade in Automotive Goods, which provides advice on regional trade rules.
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January 31, 2024
DC Circ. Urged To Rush Russia Appeal In $50B Award Case
Former shareholders of Yukos Oil Co. called on the D.C. Circuit to expedite Russia's appeal, which challenges its rejected attempt to dismiss a long-running case to enforce $50 billion in arbitration awards, arguing that answering the legal question at issue falls within the public interest.
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January 30, 2024
Patent Holding Firm Says Fight With Funder Belongs In Court
An Irish patent holding company is fighting litigation funder Longford Capital's bid to force it to arbitrate a dispute over the proceeds of a settlement that ended certain patent litigation, telling a Delaware federal court in a brief made public on Tuesday that it never agreed to those terms.
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January 30, 2024
5th Circ. Tosses $200M Vessel Explosion Award Confirmation
A Louisiana federal court couldn't confirm $200 million awarded to a German shipowner for a deadly chemical explosion on its vessel because MSC, the Swiss shipping giant liable for the disaster, doesn't have a connection to the Pelican State, according to a Fifth Circuit panel.
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January 30, 2024
US Skating Team Gets 2022 Gold After Arbitration Ruling
The International Skating Union on Tuesday declared that the U.S. is the retroactive winner of the 2022 Olympic gold medal for team figure skating, an announcement that comes one day after the Court of Arbitration for Sport found that Russian Olympic figure skater Kamila Valieva violated Russian doping rules, making all her results since Dec. 25, 2021, invalid.
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January 29, 2024
Justices Urged To OK 9th Circ.'s Coinbase Arbitration Ruling
The American Association for Justice, legal scholars and a consumer advocacy organization threw their weight behind a proposed class of Coinbase users Monday in their fight at the U.S. Supreme Court to keep their dispute alleging the cryptocurrency exchange platform misled them about a Dogecoin sweepstakes out of arbitration.
Expert Analysis
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Joint Representation Ethics Lessons From Ga. Electors Case
The Fulton County district attorney's recent motion to disqualify an attorney from representing her elector clients, claiming a nonconsentable conflict of interest, raises key questions about representing multiple clients related to the same conduct and highlights potential pitfalls, say Hilary Gerzhoy and Grace Wynn at HWG.
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Lawyer Discernment Is Critical In The World Of AI
In light of growing practical concerns about risks and challenges posed by artificial intelligence, lawyers' experience with the skill of discernment will position them to help address new ethical and moral dilemmas and ensure that AI is developed and deployed in a way that benefits society as a whole, says Jennifer Gibbs at Zelle.
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Don't Forget Alumni Engagement When Merging Law Firms
Neglecting law firm alumni programs after a merger can sever the deep connections attorneys have with their former firms, but by combining good data management and creating new opportunities to reconnect, firms can make every member in their expanded network of colleagues feel valued, say Clare Roath and Erin Warner at Troutman Pepper.
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Mexican Reform Bill Threatens Private Sector Investments
Following the announcement of an extensive and potentially problematic Mexican reform proposal that targets 23 laws, which could considerably affect the private sector and lead to increased arbitration proceedings, businesses and investors in Mexico should prepare for a likely changing legal landscape, say attorneys at Mayer Brown.
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Without Stronger Due Diligence, Attys Risk AML Regulation
Amid increasing pressure to mitigate money laundering and terrorism financing risks in gatekeeper professions, the legal industry will need to clarify and strengthen existing client due diligence measures — or risk the federal regulation attorneys have long sought to avoid, says Jeremy Glicksman at the Nassau County District Attorney’s Office.
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Every Lawyer Can Act To Prevent Peer Suicide
Members of the legal industry can help prevent suicide among their colleagues, and better protect their own mental health, by learning the predictors and symptoms of depression among attorneys and knowing when and how to get practical aid to peers in crisis, says Joan Bibelhausen at Minnesota Lawyers Concerned for Lawyers.
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Building On Successful Judicial Assignment Reform In Texas
Prompt action by the Judicial Conference could curtail judge shopping and improve the efficiency and procedural fairness of the federal courts by implementing random districtwide assignment of cases, which has recently proven successful in Texas patent litigation, says Dabney Carr at Troutman Pepper.
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Using International Arb. To Settle Cannabis Industry Disputes
As cannabis legalization continues in the U.S. and other countries, overseas investors and business owners should consider international arbitration for dispute resolution and assess the enforceability of relevant treaties and arbitration provisions, says Ramsey Schultz at Duane Morris.
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Do Videoconferences Establish Jurisdiction With Defendants?
What it means to have minimum contacts in a foreign jurisdiction is changing as people become more accustomed to meeting via video, and defendants’ participation in videoconferencing may be used as a sword or a shield in courts’ personal jurisdiction analysis, says Patrick Hickey at Moye White.
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Opinion
Humanism Should Replace Formalism In The Courts
The worrying tendency for judges to say "it's just the law talking, not me" in American decision writing has coincided with an historic decline in respect for the courts, but this trend can be reversed if courts develop understandable legal standards and justify them in human terms, says Connecticut Superior Court Judge Thomas Moukawsher.
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Don't Let Client Demands Erode Law Firm Autonomy
As clients increasingly impose requirements for attorney hiring and retention related to diversity and secondment, law firms must remember their ethical duties, as well as broader issues of lawyer development, culture and firm integrity, to maintain their independence while meaningfully responding to social changes, says Deborah Winokur at Cozen O'Connor.
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Opinion
Federal Judge's Amici Invitation Is A Good Idea, With Caveats
An Arkansas federal judge’s recent order — inviting amicus briefs in every civil case before him — has merit, but its implementation may raise practical questions about the role of junior attorneys, economic considerations and other issues, says Lawrence Ebner at the Atlantic Legal Foundation.
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Fox Ex-Producer Case Is A Lesson In Joint Representation
A former Fox News producer's allegations that the network's lawyers pressured her to give misleading testimony in Fox's defamation battle with Dominion Voting Systems should remind lawyers representing a nonparty witness that the rules of joint representation apply, says Jared Marx at HWG.
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Getting International Arbitration Ready For AI
As artificial intelligence systems make their way into international arbitration decision-making processes, arbitral institutions should evaluate the need for rules covering AI that can be adapted as technology continues to advance, say John Barkett and Ricardo Ampudia at Shook Hardy.
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Opinion
Stanford Law Protest Highlights Rise Of Incivility In Discourse
The recent Stanford Law School incident, where students disrupted a speech by U.S. Circuit Judge Kyle Duncan, should be a reminder to teach law students how to be effective advocates without endangering physical and mental health, says Nancy Rapoport at the University of Nevada.