International Arbitration

Expert Analysis

• Brexit's Impact On London As A Top Int'l Arbitration Seat

  

  Despite concerns that London may be considered a less attractive place to do business post-Brexit, there are many reasons to believe that the city will retain its position as a globally favored arbitral seat, say Adrian Jones and James Wagner at FaegreBD.

• How To Increase Diversity In International Arbitration

  

  Halliburton v. Chubb, a case involving alleged arbitrator bias pending before the U.K. Supreme Court, spotlights the need for more diverse international arbitration panels, and offers an opportunity for the arbitration community to discuss global solutions, says Liliana Veru-Torres of Clyde & Co.

• How To Hire Lateral Partners More Effectively

  

  Although lateral partner hiring is the preferred method of inorganic growth among law firms, the traditional approach to vetting does not employ sufficient due diligence by the hiring firm, says Michael Ellenhorn at executive search firm Decipher Competitive Intelligence.

• Texas Could Take Page From Mass.'s Judicial Selection Book

  

  As Texas and other states review their judicial election processes, they would be well served by taking guidance from Massachusetts' Governor’s Council system, which protects the judiciary from the hazards of campaigning, says Richard Baker of New England Intellectual Property.

• Series

  Judging A Book: McKeown Reviews 'Conversations With RBG'

  

  Reading Jeffrey Rosen’s "Conversations With RBG: Ruth Bader Ginsburg on Life, Love, Liberty, and Law" is like eavesdropping on the author and his subject while they discuss how the restrained judicial minimalist became the fiery leader of the opposition, says Ninth Circuit Judge M. Margaret McKeown.

• A Better Specific Jurisdiction Test For Cross-Border Discovery

  

  The Second Circuit's nonparty jurisdictional criteria for Section 1782 discovery purposes in a foreign proceeding — laid out in its recent Application of Antonio Del Valle Ruiz decision — is murky, difficult to apply and inequitable; I propose a simpler, fairer test, says Gilbert Samberg of Mintz.

• Opinion

  Flat-Fee Legal Billing Can Liberate Attorneys

  

  Replacing hourly billing with flat-fee arrangements, especially for appellate work, will leave attorneys feeling free to spend as much time as necessary to produce their highest quality work, says Lawrence Ebner of Capital Appellate Advocacy.

• Spoliation Rule Remains Ambiguous Despite Amendments

  

  Although the Federal Rules of Civil Procedure were amended to provide a uniform standard of culpability for spoliation, cases with similar facts are still reaching differing results because the rule does not specify how a court should evaluate a party's intent, say attorneys at Pepper Hamilton.

• Kenya’s New Energy Tribunal: Best Of Both Worlds?

  

  As Kenya begins to commercialize its oil reserves, it has created a new Energy and Petroleum Tribunal that offers a dispute resolution process combining elements of arbitration and litigation, says attorney Aaron Koenck.

• 5 Trends Influencing RFPs For Law Firms

  

  Requests for proposals, the standard tool of companies evaluating law firms, are becoming better suited to the legal industry, says Matthew Prinn of RFP Advisory Group.

• Series

  Why I Became A Lawyer: Being There For Families In Trouble

  

  My parents' contentious, drawn-out divorce was one of the worst experiences of my life. But it taught me how to be resilient — and ultimately led me to leave corporate litigation for a career in family law, helping other families during their own difficult times, says Sheryl Seiden of Seiden Family Law.

• Where Law Firm Partners Go When Changing Jobs

  

  We reviewed 177 law firm partners' job changes from the last seven years and discovered some migration patterns and gender dynamics, say James Bailey of the George Washington University School of Business and Jane Azzinaro of Cognizant.

• 3 Ways To Leverage Vulnerability For Lawyer Well-Being

  

  Admitting to imperfection is an elusive construct in the legal industry, but addressing this roadblock by capitalizing on vulnerabilities can increase personal and professional power, says life coach and attorney Julie Krolczyk.

• New Data Shows BigLaw's True Profitability

  

  Based on an analysis adjusting BigLaw operating income and revenue to account for equity partners and taxes, the profitability of firms is lower than commonly thought, says Madhav Srinivasan at Hunton.

• 11th Circ. Ruling Strenuously Protects Arbitration Pacts

  

  Although it could be interpreted as going too far, the Eleventh Circuit's recent sanctions award in Inversiones v. Del Monte serves as a stern reminder that when parties choose binding arbitration, they agree to forgo litigation altogether, say Jose Ferrer and Anthony Sirven of Bilzin Sumberg.