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International Arbitration
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February 28, 2024
Au Pair Agency Can't Arbitrate Wage Claims, Judge Says
Au pair agency Cultural Care has waived any claimed right to pursue arbitration in a proposed collective wage complaint by extensively litigating the case for several years, including a trip to the First Circuit, a Massachusetts federal judge concluded Wednesday.
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February 28, 2024
US Mine Claims 'An Affront' To Nat'l Sovereignty, Mexico Says
The government of Mexico on Wednesday called on a multinational panel to toss the United States' claims that the collective bargaining rights of workers at a mine in Zacatecas continue to be violated six years after a workers' strike ended.
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February 28, 2024
Fortum Files Multibillion-Euro Claim Against Russia
Finnish energy company Fortum has said it is bringing a multibillion-euro arbitration claim against Russia, saying Moscow's "hostile action" in seizing its power plants in the country in 2023 deprived Fortum of its shareholder rights.
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February 27, 2024
La. Comfort Inn Owner Ordered To Arbitrate $2.6M Storm Suit
A Louisiana federal judge has ordered the owner of a Comfort Inn outside New Orleans to arbitrate a $2.6 million suit against its insurer over coverage for damage from Hurricane Ida, saying its insurance policy compels arbitration.
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February 27, 2024
Hogan Lovells Says It Was Barred From Labor Dispute Interviews
A Hogan Lovells attorney for Mexico's San Martín Mine told Law360 that his team has been shut out of proceedings in the first-ever labor-focused panel dispute under the United States-Mexico-Canada Agreement, centered on alleged collective bargaining violations.
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February 27, 2024
5th Circ. Holds To Its Undoing Of $200M Ship Explosion Award
A German shipping company has failed to persuade the Fifth Circuit to reconsider undoing a federal district court's decision to enforce a $200 million arbitral award the company secured in London after a 2012 explosion killed three crew members and caused extensive damage on one of its vessels.
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February 27, 2024
Vape Supplier Asks 9th Circ. To Toss $892K Award
A vape company that supplies products for use with cannabis is asking the Ninth Circuit to overturn a district court decision affirming an $892,000 arbitration award against it in a distributor's contract dispute, saying the district court ignored evidence of fraud.
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February 26, 2024
Russia Says $5B Naftogaz Award Can't Be Enforced
Russia urged a D.C. federal court to toss litigation filed by Ukraine's state-owned oil and gas company to enforce a $5 billion arbitral award the company won after its Crimean assets were seized, arguing the court lacks jurisdiction since the underlying investments are in Ukraine.
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February 26, 2024
KBR Urges 4th Circ. To OK $8M Award Against Kuwaiti Co.
A global engineering corporation has asked the Fourth Circuit not to overturn a lower court decision enforcing an approximately $8 million arbitral award against a Kuwaiti construction company after a dispute over Iraqi wartime contracts, saying nothing warrants upending the award.
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February 26, 2024
Olympic Skaters Appeal After Russia Stripped Of Gold
Four appeals have been launched before the Court of Arbitration for Sport after a finding last month that Russian Olympic figure skater Kamila Valieva's violation of Russian anti-doping rules resulted in the U.S. scoring a retroactive team figure skating gold medal for the 2022 Olympics.
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February 24, 2024
Up Next At High Court: Social Media Laws & Bump Stocks
The U.S. Supreme Court will hear oral arguments related to three big-ticket cases this week in a pair of First Amendment challenges to Florida and Texas laws prohibiting social media platforms from removing content or users based on their viewpoints and a dispute over the federal government's authority to ban bump stocks.
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February 23, 2024
Russia Assets Seen As Key To Tipping The Scales For Ukraine
The 500-plus sanctions the U.S. added against Russia and its enablers Friday will continue to make the Kremlin's war more costly, but experts say the key to a real sea change in Ukraine is giving it Russia's seized assets abroad.
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February 23, 2024
La. Hotel Owner Must Arbitrate Hurricane Ida Damage Claims
A Louisiana federal judge has ordered the owner of an extended-stay hotel near New Orleans to go to arbitration with a group of insurers over coverage for damage caused by Hurricane Ida, finding that the policy under dispute contains a valid arbitral clause.
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February 23, 2024
Balloon Co. Blew Up Appeal Of Fraud Verdict, 1st Circ. Says
A bid from the owner of a defunct balloon company to set aside an already-reduced jury award won't fly, the First Circuit has concluded, finding that the company's own acknowledgment about transferred funds "dooms their appeal."
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February 23, 2024
Russia Loses Appeal Of Olympics Suspension, Funding Ban
The Court of Arbitration for Sport on Friday dismissed Russia's bid to reverse the International Olympic Committee's decision to strip its official status after it attempted to absorb Ukrainian sports organizations following the 2022 invasion of the country.
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February 22, 2024
10th Circ. Won't Enforce $2.3M Award In Shipping Feud
The Tenth Circuit has shut down a shipowner's bid to enforce a $2.3 million arbitral award against a charterer's founder following a dispute over a stymied Venezuelan oil shipping deal, rejecting arguments that the shipowner could hold the founder liable as his company's alter ego.
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February 22, 2024
Aviation Services Co. Seeks OK Of $5M Niger Award
An aviation company incorporated in Luxembourg has asked a D.C. federal court to confirm a final arbitral award of €4.8 million, approximately $5 million, stemming from the Republic of Niger's expropriation of a ground handling services enterprise in which the company has invested.
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February 22, 2024
First-Ever Anti-Doping Act Defendant Sentenced To 3 Months
A "naturopathic" therapist who distributed performance-enhancing drugs during training for the Tokyo Olympics in 2021 has been sentenced to three months in prison by a New York federal judge, becoming the first-ever defendant to receive time in jail under the Rodchenkov Anti-Doping Act.
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February 22, 2024
Biz Group Urges OECD Candidates To Back Digital Duties Ban
The U.S. Council for International Business laid out its priorities for countries vying to be members of the Organization for Economic Cooperation and Development, looking to garner support for a global moratorium on digital tariffs that is set to expire in a week.
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February 22, 2024
Judge Irked By Arbitration Ask Years Into Au Pair Wage Case
A Massachusetts federal judge on Thursday twice lobbed the phrase "judge shopping" at lawyers for an au pair placement agency that, four years into a proposed collective wage action by former child care workers, now want the case sent to arbitration in Switzerland.
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February 21, 2024
Contractor Says Lima Merits Sanctions In $140M Award Row
A municipal contractor has asked a D.C. federal court to sanction Lima, Peru, for prolonging its efforts to enforce nearly $140 million in arbitral awards it won over a highway contract that went awry, saying the city has unnecessarily prolonged the dispute with two actions.
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February 21, 2024
Justices Urged To Turn Away $285M Panama Canal Award Suit
The operator of the Panama Canal on Tuesday urged the U.S. Supreme Court to turn away a case in which $285 million in arbitral awards are being challenged over an arbitrator's "evident partiality," saying close relationships between arbitrators are so "ubiquitous" in international arbitration that they are unremarkable.
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February 21, 2024
ByteDance Can't Yet Arbitrate Ex-Coder's Wrongful Firing Suit
A California federal judge declined to send a former ByteDance Inc. engineer's wrongful termination suit to arbitration, writing in a ruling made public Tuesday that there are factual disputes over whether he signed employment agreements containing arbitration clauses, saying the matter should be resolved via a jury trial.
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February 21, 2024
Boies Schiller Hires White & Case Int'l Arbitration Atty In DC
Boies Schiller Flexner LLP announced Wednesday that it has added a longtime White & Case LLP partner to its international arbitration group in Washington, D.C.
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February 21, 2024
International Trade Group Of The Year: White & Case LLP
White & Case LLP successfully countered anti-dumping duties on lemon juice imports from Brazil for agriculture giant Louis Dreyfus Co. Sucos, scored a rare suspension agreement to halt the U.S. government's anti-dumping and countervailing duty investigations into imports of white grape juice concentrate from Argentina, and it helped Mercedez-Benz escape political instability in Russia, earning the firm a spot among Law360's 2023 International Trade Groups of the Year.
Expert Analysis
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Maximizing Law Firm Profitability In Uncertain Times
As threats of an economic downturn loom, firms can boost profits by embracing the power of bottom-line management and creating an ecosystem where strategic financial oversight and robust timekeeping practices meet evolved client relations, says Shireen Hilal at Maior Strategic Consulting.
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5th Circ. Ruling Reminds Attys That CBP Can Search Devices
The Fifth Circuit’s recent Malik v. Department of Homeland Security decision adds to the chorus of federal courts holding that border agents don’t need a warrant to search travelers’ electronic devices, so attorneys should consider certain special precautions to secure privileged information when reentering the U.S., says Jennifer Freel at Jackson Walker.
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Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees
The crowdfunding of legal fees has become increasingly common, providing a new way for people to afford legal services, but attorneys who accept crowdsourced funds must remember several key ethical obligations to mitigate their risks, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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What Large Language Models Mean For Document Review
Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.
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UN Code Likely To Promote Good Arbitration Practices
The arbitrator code of conduct recently adopted by the United Nations Commission on International Trade Law should help reinforce standards of good practice and improve public perception of investor-state dispute settlement, though its effectiveness may be limited by the code's voluntary nature, say attorneys at Jenner & Block.
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Series
Participating In Living History Makes Me A Better Lawyer
My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.
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Opinion
Private Equity Owners Can Remedy Law Firms' Agency Issues
Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.
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6 Key Factors For Successful Cross-Border Dispute Mediation
The European landscape of cross-border disputes diverges markedly from the U.S. experience and presents unique challenges, including the amalgamation of diverse cultures and legal systems, but there are several practical steps that practitioners can take to effectively navigate the process, says Peter Kamminga at JAMS.
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How To Protect Atty-Client Privilege While Using Generative AI
When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.
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How New Lawyers Can Leverage Feedback For Growth
Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.
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Twitter Legal Fees Suit Offers Crash Course In Billing Ethics
X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.
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ABA's Money-Laundering Resolution Is A Balancing Act
While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.
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Law Firm Professional Development Steps To Thrive In AI Era
As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.
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The Basics Of Being A Knowledge Management Attorney
Excerpt from Practical Guidance
Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.
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To Hire And Keep Top Talent, Think Beyond Compensation
Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.