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International Arbitration
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January 19, 2024
Law360 Names Practice Groups Of The Year
Law360 would like to congratulate the winners of its Practice Groups of the Year awards for 2023, which honor the attorney teams behind litigation wins and major deals that resonated throughout the legal industry this past year.
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January 19, 2024
Lima Takes Dispute Over Arbitrator Complaint To DC Circ.
Peru's capital city of Lima is appealing a D.C. federal judge's order directing the city to turn over a criminal complaint it filed against arbitrators adjudicating claims against it related to a highway project and concession contract, maintaining that the judge issued the order before considering the city's immunity defenses.
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January 19, 2024
22-Year ICSID Vet Proposed To Succeed Retiring Kinnear
World Bank Group President Ajay Banga has proposed that a 22-year veteran of the International Centre for Settlement of Investment Disputes replace Secretary-General Meg Kinnear when she steps down from her position later this year.
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January 19, 2024
Thales Looks To Halt Sale Of Avionics JV While Arb. Plays Out
A New York federal judge Friday ordered defense contractor L3 Technologies to appear before him next month to defend itself in litigation filed by French aerospace firm Thales over the contested sale of L3's majority stake in the companies' aviation electronics joint venture.
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January 19, 2024
Winston & Strawn Dodges Sanctions In NC Pharma Fight
A North Carolina pharmaceutical company's attempt to sanction a Polish drugmaker and its attorneys at Winston & Strawn LLP over allegedly duplicative litigation involving a consulting agreement that tanked is "misguided," a federal judge said in an order denying the request.
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January 18, 2024
RICO Suit In $92M Russian Award Feud May Be Trimmed
Seven months after a Russian businessman convinced the U.S. Supreme Court to let him forge a path via U.S. civil racketeering law to try to enforce a $92 million arbitral award, a California federal judge has now teed up significant parts of his lawsuit for the chopping block.
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January 18, 2024
Chinese Co. Says Arbiter Failed To Disclose Pro-Amazon Past
A Chinese third-party seller on Amazon has asked a New York federal judge to reconsider confirming an arbitration award favoring the retail giant after the online marketplace tossed it from the platform while freezing $50,000 in sales, saying new evidence shows partiality and misconduct by the arbitrator.
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January 18, 2024
SEC, US Trustee Object To Releases In Amyris' Ch. 11 Plan
The U.S. Securities and Exchange Commission and the U.S. Trustee's Office have expressed new concerns about nonconsensual third-party releases in biotechnology company Amyris' Chapter 11 plan, arguing that such releases are only allowed in extraordinary circumstances that were not met by the debtor.
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January 18, 2024
Yelp Ends TM Suit Over Yelp.ai Domain Name After Settlement
Crowd-sourced business review platform Yelp Inc. has voluntarily dismissed its trademark infringement suit against a California man accused of cybersquatting on a domain for Yelp's artificial intelligence product after settling out of court.
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January 18, 2024
Canada To Challenge US Lumber Duties Under Trade Pact
Canada renewed its calls for a panel of the U.S.-Mexico-Canada Agreement to rule against duties on Canadian softwood lumber after the U.S. Court of International Trade declined to sunset the five-year tariffs last November.
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January 18, 2024
US Sanctions Emirati Shipper For Oil Price Cap Violations
The U.S. Department of the Treasury on Thursday sanctioned a United Arab Emirates-based owner of a ship that transported Russian crude oil above a $60 per barrel price cap, marking the department's first oil price cap enforcement action of the new year.
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January 17, 2024
Security For Costs Bid Nixed In $689M Plantation Claim
An international tribunal has rejected Nicaragua's bid to force a U.S. agricultural investor to put up about $4 million as security for a potential adverse costs award, as the investor pursues a $689 million claim over the alleged wrongful seizure of its avocado plantation.
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January 17, 2024
Brazilian Co. Seeks $73M Award Chinese Co. Wants Tossed
A Brazilian renewable energy company is asking a New York federal court to confirm a $73 million arbitral award it won against a Chinese company in a solar panel supply dispute, a month after the Chinese company moved to have the award vacated.
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January 17, 2024
Foley Hoag Attys Scolded For Delay In Peruvian Highway Case
Foley Hoag attorneys representing the city of Lima, Peru, cannot delay proceedings in an arbitration enforcement case, a D.C. federal judge has ruled, chastising the attorneys for failing to resolve the issue underlying the requested pause weeks ago.
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January 17, 2024
UK Justices Deny Trader Relief From Pirates' $7.7M Ransom
The U.K.'s top court said Wednesday that a commodity trading company should cover a chunk of a $7.7 million ransom paid to Somali pirates to release a ship, refusing to widen the scope of the insurance code.
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January 16, 2024
Co. Founders Can Keep $5.79M Award In Acquisition Fight
A split Ninth Circuit panel on Tuesday confirmed a $5.79 million arbitration award for the founders of now-defunct chemical technology firm called Novoform Cos., ruling that an investor, film producer James G. Robinson, had taken inconsistent positions and engaged in litigation gamesmanship by flipping on where the case should be heard.
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January 16, 2024
Energy Co. Wants Arbitrator To Face Breach of Contract Suit
A Colorado oil and gas company has asked a federal judge to reconsider tossing its lawsuit accusing the American Arbitration Association of improperly terminating a claim the company filed against its investors, saying the AAA cannot claim it is immune from suit.
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January 16, 2024
2nd Circ. Wary Of Nixing Award In Telecom Shareholder Fight
The Second Circuit on Tuesday appeared disinclined to vacate an arbitral award ordering the sale of a Latin American telecommunications tower operator, with one judge telling an attorney for several of the company's shareholders that it sounds like they have "buyer's remorse" about the arbitration.
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January 16, 2024
Verizon Can't Hang Up On Costa Rican Firm's Bid For $94M
A New York federal judge is telling Verizon to pay up in its long-running dispute with a Costa Rican printing company, granting the printing company summary judgment and ordering the telecommunications giant to pay a $51 million judgment from 2008 with interest and indexing.
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January 16, 2024
Diddy Settles Racism Claims Against Liquor Giant Diageo
British spirits maker Diageo announced Tuesday that it reached a settlement with Sean "Diddy" Combs in which the rapper and music producer agreed to dismiss his racial discrimination suit in New York state court, which claimed the company treated him and his brands "worse than others because he is Black."
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January 12, 2024
Insurers Win Appeal Over Transfer Of Contract Rights
A London appeals court ruled on Friday that a Japanese insurance company can bring a claim over the delayed delivery of aircraft under a contract it was not originally party to, finding that rights reassignments "by operation of law" are not the same as those made "by any party."
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January 12, 2024
Amazon Wants Atty Sanctioned In Chinese Seller Award Case
Amazon has targeted a Manhattan lawyer for sanctions for her alleged history of using "frivolous" legal arguments to try to send back to state court litigation to vacate arbitral awards involving Chinese sellers, all while allegedly knowing those motions have no legal basis.
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January 12, 2024
High Court To Weigh Letting Judges Toss Arbitration Cases
The U.S. Supreme Court agreed on Friday to decide whether trial courts may choose to stay or dismiss a case when they refer it to arbitration, granting two circuit court judges' call to consider a question they said has split the 10 circuit courts that have weighed in.
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January 11, 2024
CBP Says Forced Labor Profits Possible On Barred Imports
U.S. House lawmakers expressed concern on Thursday that blocking the imports of goods that use the forced labor of Uyghurs in China does not bar importers from re-exporting these items and continuing to profit off them.
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January 11, 2024
Asset Manager Says PDVSA Can't Escape Fraud Suit
Asset manager VR Capital is urging a New York federal court not to toss its lawsuit accusing Venezuela's state-owned oil company of fraud in connection with its issuance of nearly $2 billion worth of senior secured notes, saying PDVSA can't avoid liability by blaming its prior leadership.
Expert Analysis
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Opinion
Time For Law Schools To Rethink Unsung Role Of Adjuncts
As law schools prepare for the fall 2023 semester, administrators should reevaluate the role of the underappreciated, indispensable adjunct, and consider 16 concrete actions to improve the adjuncts' teaching experience, overall happiness and feeling of belonging, say T. Markus Funk at Perkins Coie, Andrew Boutros at Dechert and Eugene Volokh at UCLA.
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Investment Arbitration May Aid Stakeholders In Russian Cos.
Though Russian countermeasures against international sanctions have caused many foreign investors' assets to become trapped in Russia, arbitration mechanisms provide investors with opportunities to recover significant monetary damages for their losses, say Eric Leikin and Photeine Lambridis at Freshfields.
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Tips For In-House Legal Leaders In A Challenging Economy
Amid today's economic and geopolitical uncertainty, in-house legal teams are running lean and facing increased scrutiny and unique issues, but can step up and find innovative ways to manage outcomes and capitalize on good business opportunities, says Tim Parilla at LinkSquares.
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What Associates Need To Know Before Switching Law Firms
Excerpt from Practical Guidance
The days of staying at the same firm for the duration of one's career are mostly a thing of the past as lateral moves by lawyers are commonplace, but there are several obstacles that associates should consider before making a move, say attorneys at HWG.
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A Case For Sharing Mediation Statements With Counterparties
In light of a potential growing mediation trend of only submitting statements to the mediator, litigants should think critically about the pros and cons of exchanging statements with opposing parties as it could boost the chances of reaching a settlement, says Arthur Eidelhoch at Eidelhoch Mediation.
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Preparing For Legal Scrutiny Of Data Retention Policies
Two recent cases involving Google and Meta should serve as a call to action for companies to ensure their data retention policies are updated and properly implemented to the degree of being able to withstand judicial scrutiny, especially as more data is generated by emerging technologies, say Jack Kallus and Labeed Choudhry at Kaufman Dolowich.
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Opinion
Attorneys Should Have An Ethical Duty To Advance DEI
National and state bar associations are encouraging attorneys to apply diversity, equity and inclusion practices in the legal profession and beyond, and these associations should take it one step further by formally recognizing ethical duties for attorneys to promote DEI, which could better the legal profession and society, says Elena Mitchell at Moore & Van Allen.
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Climate Change Clarifications To Expect From World Court
The upcoming International Court of Justice advisory opinion on climate change could help frame states' obligations and shape businesses' climate strategies, and the proceedings provide stakeholders with the opportunity to present their views on environmental responsibilities, say attorneys at Covington.
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Data-Driven Insights Are Key To Attracting Today's Clients
As law firm growth slows and competition for clients increases, modern firms must rely on robust data analytics to develop the sector-based expertise and industry insights that clients increasingly prioritize in relationships with counsel, says Lavinia Calvert at Intapp.
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In Arbitration, Consider The Influence Of State Laws
A California appellate court's recent refusal, based in state law, to compel arbitration in Barraza v. Tesla illustrates the importance of understanding substantive and procedural differences between state arbitration law and the Federal Arbitration Act — and when those distinctions can alter case outcomes, says Richard Mason at MasonADR.
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Ghosting In BigLaw: Why Better Feedback Habits Are Needed
Not giving assignments or constructive criticism to junior associates can significantly affect their performance and hours, potentially leading them to leave the firm, but partners can prevent this by asking the right questions and creating a culture of feedback, says Rachel Patterson at Orrick.
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11th Circ. Ruling Widens Path To Arbitral Award Vacatur
The Eleventh Circuit’s recent decision in Corporación AIC v. Hidroeléctrica — which held that the grounds for vacating an arbitral award are set in domestic law — brings the circuit in line with other courts of appeals and is an important decision for a number of reasons, says David Zaslowsky at Baker McKenzie.
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Rebuttal
Law Needs A Balance Between Humanism And Formalism
A recent Law360 guest article rightly questions the pretextual pseudo-originalism that permits ideology to masquerade as judicial philosophy, but the cure would kill the patient because directness, simplicity and humanness are achievable without renouncing form or sacrificing stare decisis, says Vanessa Kubota at the Arizona Court of Appeals.
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Short Message Data Challenges In E-Discovery
As short message platforms increasingly dominate work environments, lawyers face multiple programs, different communication styles and emoji in e-discovery, so they must consider new strategies to adapt their processes, says Cristin Traylor at Relativity.
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Opinion
Thomas Report Is Final Straw — High Court Needs Ethics Code
As a recent report on Justice Clarence Thomas' ongoing conflicts of interest makes evident, Supreme Court justices should be subject to an enforceable and binding code of ethics — like all other federal judges — to maintain the credibility of the institution, says Erica Salmon Byrne at Ethisphere.