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International Arbitration
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February 21, 2024
Judge Threatens Ex-Trump Aide With Contempt Over Records
A D.C. federal judge threatened to hold a Trump-era White House aide in contempt for his continuing failure to turn over all the records covered by the Presidential Records Act to the U.S. government.
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February 20, 2024
US Small Businesses Have Most To Lose From Digital Duties
The possible demise of an international moratorium on tariffs for digital products, including software and media downloads, could cut into small businesses' profits and create compliance burdens for the companies that survive.
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February 20, 2024
Dutch Court Rejects Russia's Appeal Of $50B Yukos Awards
Russia on Tuesday lost its last-ditch appeal to overturn $50 billion in arbitral awards issued a decade ago to former shareholders of Yukos Oil Co., once the country's largest oil company, after it was seized by the Kremlin amid allegations of allegedly phony tax debts.
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February 20, 2024
WTO Says Revised Duties On Spanish Olives Still Out Of Line
The World Trade Organization called on the U.S. to fix revised countervailing duties on Spanish olives, ruling Tuesday that the duties are still not in compliance with its 2021 decision rejecting the investigation that resulted in the tariffs.
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February 20, 2024
Ex-BigLaw Atty Avoids Prison For Ch. 11 Lies
A former BigLaw partner on Tuesday was spared any prison time for lying to a New York bankruptcy court in his 2022 personal Chapter 11 case, in an attempt to shield his assets from creditors.
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February 20, 2024
No Coverage For Firm In Haiti Malpractice Suit, Insurer Says
An insurance company has asked a Washington federal court to declare it does not have to cover a Seattle law firm facing a $31 million New York federal malpractice case stemming from its representation of a Haitian agency in a petroleum contract arbitration, arguing the firm breached the insurance agreement by lying on its application.
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February 20, 2024
Justices Won't Weigh Nonsignatory Arbitration Issue
The U.S. Supreme Court won't take up an oil and gas company's bid to clear up whether a nonsignatory to an arbitration agreement may play the arbitration card, the justices said Tuesday.
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February 20, 2024
Validity Of $2B Venezuelan Bonds Remains Unresolved In NY
New York's highest court on Tuesday cleared a path for Venezuela's state-owned oil company to argue that nearly $2 billion in defaulted bonds are invalid under its domestic law, saying the validity question can now be answered by the federal courts.
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February 16, 2024
'No Respect': 2nd Circ. Judge Chides Dissatisfied Arb. Users
A Chinese cinema magnate's argument that he was inadequately notified of an arbitration that led to a $457 million penalty had a Second Circuit judge invoking the 1972 classic film "The Godfather" on Friday, as he criticized parties who only come to court to complain after the fact.
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February 16, 2024
Trade Dispute Reform Draft Emphasizes Mediation
A draft agreement for overhauling the World Trade Organization's dispute settlement process circulated Friday proposes a new emphasis on the institution's alternatives to the formal litigation process that the U.S. has criticized as exclusionary and inefficient.
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February 16, 2024
Canada Liable Under NAFTA For Axed LNG Project, Co. Says
A U.S. company that invested at least $120 million in a since-thwarted liquefied natural gas project maintained that Canada is liable for $1 billion in damages for breaches of the North American Free Trade Agreement, and that the International Centre for Settlement of Investment Disputes has jurisdiction over its claims.
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February 16, 2024
EU Launches First In-Depth Foreign Subsidy Probe
The European Commission is launching an investigation into whether state assistance gave a Chinese train manufacturer a leg up in its bid for a Bulgarian government contract, the authority's first investigation under the European Union's new foreign subsidies regulation.
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February 16, 2024
Ex-FBI Field Boss Gets 28 Months For Foreign Payouts
A former FBI field office supervisor was sentenced Friday to 28 months in prison for failing to disclose a $225,000 payment that he received from a former Albanian intelligence official while overseeing counterintelligence matters at the bureau.
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February 16, 2024
International Arbitration Group Of The Year: King & Spalding
King & Spalding LLP won a $16 billion victory against the Republic of Argentina for former shareholders of YPF SA in what the firm said is the largest U.S. judgment ever against a sovereign nation — and one of the largest U.S. judgments ever — landing it among Law360's 2023 International Arbitration Groups of the Year.
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February 15, 2024
Del. Judge Won't Reorder Priority Scheme For Citgo Auction
A Delaware federal judge on Thursday denied a bid from certain creditors of Venezuela for a "more equitable" distribution of proceeds from an auction for control of the U.S. oil giant Citgo slated for later this year, ruling that their motion came too late.
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February 15, 2024
Anti-Doping Agency Sends Nigeria, Venezuela To Arbitration
The World Anti-Doping Agency has asked the Court of Arbitration for Sport to arbitrate accusations that Nigeria and Venezuela's anti-doping agencies are not complying with the agency's rules, saying the two nations have lost their privileges in global sporting events for the time being.
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February 15, 2024
Biz Groups Urge Feds To Back WTO's Block On Digital Duties
Major U.S. trade and business groups, including the U.S. Chamber of Commerce and the National Foreign Trade Council, urged U.S. officials to back the World Trade Organization's suspension of tariffs on electronic transmissions ahead of a renewal vote later this month.
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February 15, 2024
State Dept. Offers $5M For Info On 'BlackCat' Ransomware Group
The State Department is offering millions for information on the "BlackCat" ransomware, claiming that the AlphV cybercrime group has compromised over 1,000 entities globally.
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February 15, 2024
International Arbitration Group Of The Year: Gibson Dunn
Gibson Dunn & Crutcher LLP aided hip-hop mogul Jay-Z in navigating closely watched arbitration hearings and related litigation as he sparred with liquor giant Bacardi over the multibillion-dollar valuation of their joint cognac venture, earning the law firm a spot among Law360's 2023 International Arbitration Groups of the Year.
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February 14, 2024
DC Circ. Won't Rush Russia Appeal In $50B Award Case
The D.C. Circuit will not fast-track its review of Russia's claim for sovereign immunity against arbitration enforcement litigation brought by former majority shareholders of the defunct Yukos Oil Co., which obtained $50 billion in arbitral awards against Moscow.
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February 14, 2024
Zimbabwe Says It Didn't Waive Immunity In $440M Award Feud
A D.C. federal judge improperly leaned on Second Circuit precedent in ruling that Zimbabwe can't escape the enforcement of two arbitration awards stemming from the southern African country's controversial land reform program, Zimbabwe told the D.C. Circuit.
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February 14, 2024
Spain Says €23.5M Award To Japanese Co. Can't Be OK'd
Spain is urging a D.C. federal court to nix a Japanese investor's petition to enforce a €23.5 million ($25.2 million) arbitral award it won after Madrid dialed back economic incentives for renewable energy projects, arguing that doing so would force the country to violate European Union law.
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February 14, 2024
Dem Lawmakers Back Biden's Pause On Digital Trade Policy
Dozens of Democratic lawmakers praised the Biden administration's decision to step back from earlier endorsements of international norms for digital trade, saying in a letter to the White House that its caution respects Congress' role in regulating Big Tech.
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February 14, 2024
TMZ Ordered To Pay $300K In Atty Fees Over Bus Tour Case
A California federal judge on Monday ordered TMZ to reimburse a Hollywood bus tour operator almost $300,000 in attorney fees after the operator convinced the court to vacate an arbitration award favoring the celebrity news provider based on an arbitrator's failure to disclose relevant information.
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February 14, 2024
International Arbitration Group Of The Year: Covington
Covington & Burling LLP was able to convince an international tribunal last April to order Russia to pay $5 billion to Naftogaz after the Kremlin seized the Ukrainian state-owned oil and gas company's Crimean assets, earning the firm a spot among Law360's 2023 International Arbitration Groups of the Year.
Expert Analysis
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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.
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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.