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International Arbitration
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January 26, 2024
US Can't Escape $24M Case Over Alleged Ukrainian Scheme
An international tribunal has declined to grant the United States an early exit from a $24 million arbitration accusing the Biden administration of overstepping its authority by initiating forfeiture proceedings aimed at unraveling an alleged Ukrainian money laundering scheme.
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January 26, 2024
Trans Swimmer Wants Ban Arbitrated In Time For Olympics
American swimmer Lia Thomas, who in 2022 became the first openly transgender woman to win an NCAA championship, has challenged the world swimming governing body's transgender ban by requesting arbitration, the Court of Arbitration for Sports confirmed Friday.
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January 26, 2024
Refrigerant Importers Get Chilly Reception In 11th Circ.
The Eleventh Circuit appeared skeptical on Friday morning of arguments that several refrigerant importers had not waived their right to arbitrate claims that they fraudulently transferred assets to avoid paying damages awarded in a previous lawsuit to Chinese exporter T.T. International Co. Ltd.
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February 08, 2024
Law360 Seeks Members For Its 2024 Editorial Boards
Law360 is looking for avid readers of its publications to serve as members of its 2024 editorial advisory boards.
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January 26, 2024
Moroccan Grain Tycoon Sees Jail Term For Hiding Assets Cut
An English appeals court on Thursday overturned a contempt of court conviction of a grains importer executive, who was accused of failing to comply with an asset disclosure order over a $3.5 million arbitral award issued to a subsidiary of food specialist Archer-Daniels-Midland Co., or ADM, in Switzerland.
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January 25, 2024
High Court Arbitration Case May Raise More Questions
A petition before the U.S. Supreme Court relating to whether federal judges can permit a party to immediately appeal a ruling compelling arbitration raises related issues that the justices may opt not to resolve, potentially resulting in a decision that only sows more confusion.
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January 25, 2024
Movie Mogul's Wife Can't Escape Discovery In $500M Fight
A New York federal judge has refused to reconsider the bulk of his discovery order related to tax, immigration and financial records held by a Chinese cinema magnate's wife in an investor dispute over a half-billion-dollar arbitral award against her husband.
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January 25, 2024
UniCredit Tries To Halt Impending €450M Judgment In Russia
UniCredit Bank AG urged the Court of Appeal on Thursday to halt claims brought by a Gazprom joint venture in Russia for €450 million ($488 million) under bond guarantees linked to an aborted gas plant project.
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January 25, 2024
Fieldfisher Adds Arbitration Pro With Spanish Partner Hire
Fieldfisher LLP has hired a founding partner of Spanish law firm Claros & Abogados to join its Madrid office as it looks to bolster its dispute settlement practice across Europe and the Americas.
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January 24, 2024
Crypto Lender Nexo Hits Bulgaria With $3B Arbitration Claim
Nexo AG said it has submitted an approximately $3 billion arbitration claim against the Republic of Bulgaria at the World Bank's International Centre for Settlement of Investment Disputes following a raid of the crypto lender's offices in Sofia last year.
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January 24, 2024
Dogecoin Fans Urge Justices To Let Court Hear Coinbase Row
A group of Coinbase users who claim the exchange misled them with murky advertising of a Dogecoin sweepstakes told the U.S. Supreme Court that it should be up to a judge to decide whether their grievances belong in arbitration.
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January 24, 2024
Amyris Says Claim Releases Needed For Post-Ch. 11 Success
Biotechnology company Amyris Inc. told a Delaware bankruptcy judge on Wednesday it needs to eliminate potential shareholder claims in order to emerge from its Chapter 11 case as a successful company.
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January 24, 2024
Apartment, Insurers Settle Stalled Construction Coverage Row
A Tampa, Florida, apartment complex owner and its insurers settled their dispute in federal court over coverage for delayed construction after mediation, they said Wednesday in a joint settlement notice.
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January 24, 2024
India's Zee Pushes Sony To Withdraw $10B Deal Termination
Zee Entertainment on Wednesday issued a statement calling on Sony Group's India unit to "immediately withdraw" the termination of its agreement to buy Zee for $10 billion, adding that it has approached India's National Company Law Tribunal for assistance in closing the deal.
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January 24, 2024
Investors Seek Upfront Payment In Spain's €120M Energy Row
Two investors urged an English court on Wednesday to make Spain's challenge to a €120 million ($131 million) arbitral award for slashing its economic incentives for renewable energy investors conditional on the state paying the full amount upfront.
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January 23, 2024
Australia, US, UK Sanction Russian Over Medibank Hack
Officials from Australia, the U.S. and the United Kingdom revealed Tuesday that they had sanctioned a Russian national believed to have played an integral role in a 2022 cyberattack that hit Australian health insurer Medibank Private Ltd., marking the first time the three nations have made such a coordinated strike.
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January 23, 2024
50 Cent Can Look At Ex-Liquor Boss's Assets For $7M Award
A Connecticut bankruptcy judge is allowing rapper Curtis "50 Cent" Jackson's cognac company to examine assets belonging to its former brand manager, a move that could help the artist behind "In Da Club" recover a roughly $7 million judgment for claims accusing the now-insolvent ex-employee of stealing from the business.
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January 23, 2024
$57M Morocco Hotel Award Can't Be Enforced, 3rd Circ. Hears
An investment firm urged the Third Circuit on Monday not to force it to pay a $57 million arbitral award issued against its former subsidiary following a dispute over a mismanaged luxury hotel, saying the suit is an act of desperation by a hotel owner with nowhere else to turn.
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January 23, 2024
Oligarchs May Be Exploiting Art Facilities To Dodge Sanctions
Facilities storing valuable artwork should be on the lookout for designated Russian individuals who may have squirreled away pieces in order to evade international sanctions, the National Crime Agency warned Tuesday.
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January 22, 2024
2nd Circ. Tosses Arbitration Ruling In Ousted Chair's Suit
The Second Circuit on Monday vacated an order refusing to halt arbitration initiated by the ousted former chairperson of software investment company The Resource Group International Ltd., who was forced to resign in late 2021 following a widely reported sexual harassment scandal.
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January 22, 2024
DC Circ. Mulls Enforcing $486M Award Against Djibouti
The D.C. Circuit spent the better part of an hour Monday morning trying to sort out the intricacies of a dispute between the Republic of Djibouti and a Dubai-based state-owned shipping coordinator over a $486 million arbitral award.
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January 22, 2024
Sony Ignites Potential Legal Battle In Nix Of $10B Zee Merger
Sony Group's India unit said Monday it has terminated its planned $10 billion merger with Zee Entertainment after the two sides failed to close the deal by a final deadline, although Zee claimed it doesn't owe a related $90 million termination fee and threatened potential "legal action."
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January 22, 2024
Skyscraper's Ties To Laundering Cut After Sale, Judge Told
Two Miami businesspeople told a Florida federal judge that a pair of Ukrainian oligarchs lost their investment in a Louisville, Kentucky, skyscraper when an entity turned over the deed to avoid foreclosure on the property in 2018, countering the government's claim of a connection to a money laundering scheme.
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January 22, 2024
Zimbabwe Can't Escape $125M Award In England
England's High Court has nixed the Republic of Zimbabwe's bid to set aside an order enforcing a $125 million arbitral award against it, finding the country's argument that it was immune from the jurisdiction of the English courts was "irrelevant."
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January 19, 2024
Law360 Names Firms Of The Year
Eight law firms have earned spots as Law360's Firms of the Year, with 55 Practice Group of the Year awards among them, steering some of the largest deals of 2023 and securing high-profile litigation wins, including at the U.S. Supreme Court.
Expert Analysis
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5 Management Tips To Keep Law Firm Merger Talks Moving
Many law firm mergers that make solid business sense still fall apart due to the costs and frustrations of inefficient negotiations, but firm managers can increase the chance of success by effectively planning and executing merger discussions, say Lisa Smith and Kristin Stark at Fairfax Associates.
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Rethinking In-Office Attendance For Associate Retention
The hybrid office attendance model doesn't work for all employees, but it does for many — and balancing these two groups is important for associate retention and maintaining a BigLaw firm culture that supports all attorneys, says Summer Eberhard at Major Lindsey.
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Murdaugh Trials Offer Law Firms Fraud Prevention Reminders
As the fraud case against Alex Murdaugh continues to play out, the evidence and narrative presented at his murder trial earlier this year may provide lessons for law firms on implementing robust internal controls that can detect and prevent similar kinds of fraud, say Travis Casner and Helga Zauner at Weaver and Tidwell.
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Firm Tips For Helping New Lawyers Succeed Post-Pandemic
Ten steps can help firms significantly enhance the experience of attorneys who started their careers in the coronavirus pandemic era, including facilitating opportunities for cross-firm connection, which can ultimately help build momentum for business development, says Lana Manganiello at Equinox Strategy Partners.
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Tackling Judge-Shopping Concerns While Honoring Localism
As the debate continues over judge-shopping and case assignments in federal court, policymakers should look to a hybrid model that preserves the benefits of localism for those cases that warrant it, while preventing the appearance of judge-shopping for cases of a more national or widespread character, says Joshua Sohn at the U.S. Department of Justice.
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Perspectives
How Attorneys Can Help Combat Anti-Asian Hate
Amid an exponential increase in violence against Asian American and Pacific Islander communities, unique obstacles stand in the way of accountability and justice — but lawyers can effect powerful change by raising awareness, offering legal representation, advocating for victims’ rights and more, say attorneys at Gibson Dunn.
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Opinion
Congress Needs To Enact A Federal Anti-SLAPP Statute
Although many states have passed statutes meant to prevent individuals or entities from filing strategic lawsuits against public participation, other states have not, so it's time for Congress to enact a federal statute to ensure that free speech and petitioning rights are uniformly protected nationwide in federal court, say attorneys at Skadden.
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Alstom Arb. Case Shows 3 Approaches To Corruption Claims
French, English and Swiss courts have provided differing assessments of post-award corruption allegations in the long-running case Alexander Brothers v. Alstom, which is clearly undesirable, and may affect arbitration tactics, says Harriet Chopra at Fladgate.
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5 Insider-Threat Reminders After Recent DOJ Prosecutions
Three recent U.S. Department of Justice actions may well lead to much greater scrutiny of companies in which insiders engage in a variety of corporate misconduct, including conducting or enabling cybercrimes, which will likely fall not just on government contractors, but across industries and geographies, say attorneys at Paul Weiss.
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Applying The Singapore Convention In UK: The Key Questions
While the U.K. government's recent decision to join the Singapore Convention is welcome, the hard work arguably starts now in devising the domestic rules to implement it, which should not be treated as a straightforward exercise, says Jan O'Neill at Herbert Smith.
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Some Client Speculations On AI And The Law Firm Biz Model
Generative artificial intelligence technologies will put pressure on the business of law as it is structured currently, but clients may end up with more price certainty for legal services, and lawyers may spend more time being lawyers, says Jonathan Cole at Melody Capital.
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10th Circ. Highlights US Court Discretion On Arbitral Awards
The Tenth Circuit's recent decision enforcing an arbitral judgment against a Mexican cement company even after it was annulled in Bolivia could signal an expansion in district courts' discretionary powers over motions to enforce foreign arbitral awards, say Max Chester and Parker White at Foley & Lardner.
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US Security Exception Proposal May Undermine The WTO
A U.S. proposal, floated earlier this month, to clarify that the General Agreement on Tariffs and Trade's essential security exception is wholly self-judging would provide an unfettered ability for a country to avoid any of its World Trade Organization obligations, further destabilizing the WTO and international rule of law, say attorneys at Akin Gump.
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A Lawyer's Guide To Approaching Digital Assets In Discovery
The booming growth of cryptocurrency and non-fungible tokens has made digital assets relevant in many legal disputes but also poses several challenges for discovery, so lawyers must garner an understanding of the technology behind these assets, the way they function, and how they're held, says Brett Sager at Ehrenstein Sager.
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Opinion
High Court's Ethics Statement Places Justices Above The Law
The U.S. Supreme Court justices' disappointing statement on the court's ethics principles and practices reveals that not only are they satisfied with a status quo in which they are bound by fewer ethics rules than other federal judges, but also that they've twisted the few rules that do apply to them, says David Janovsky at the Project on Government Oversight.