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International Arbitration
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January 29, 2024
International Arbitration Expert Rejoins Curtis In Geneva
Curtis Mallet-Prevost Colt & Mosle LLP has announced that "a leading lawyer of her generation" in international disputes and international arbitration has rejoined the firm as a partner in its Geneva office.
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January 29, 2024
Arbitration Court Upholds Russian Figure Skater's Doping Ban
The Swiss-based Court of Arbitration for Sport has found that Russian Olympic figure skater Kamila Valieva violated Russian doping rules, making all her results since Dec. 25, 2021, invalid and possibly opening the door for the United States team to be crowned gold medal winners for the 2022 Winter Games.
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January 29, 2024
Russian Says Seized $300M Superyacht Is His, Not Oligarch's
A Russian businessman and former CEO of a state-owned oil conglomerate has told a Manhattan federal judge that an attempt by the U.S. government to seize a $300 million yacht owned in his name should be tossed, rejecting claims that he was ever a stand-in owner for a sanctioned Russian oligarch.
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January 26, 2024
EU Investment Plans Play To US Nat'l Security Concerns
Three new measures adopted by the European Commission stand to close alternate pathways to advanced technology and funding that have plagued U.S. efforts to thwart adversaries like China and Russia.
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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.
Expert Analysis
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RICO Ruling Makes US More Attractive Foreign Creditor Forum
The U.S. Supreme Court's decision in Yegiazaryan v. Smagin, allowing a foreign plaintiff to use the Racketeer Influenced and Corrupt Organizations Act to enforce a foreign arbitral award, will make judgment creditors more likely to seek out U.S. courts to remedy efforts to frustrate the enforcement of international arbitration awards, say attorneys at Paul Hastings.
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Ghosting In BigLaw: How To Come Back From Lack Of Feedback
Junior associates can feel powerless when senior colleagues cut off contact instead of providing useful feedback, but young attorneys can get back on track by focusing on practical professional development and reexamining their career priorities, says Rachel Patterson at Orrick.
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Steps To Success For Senior Associates
Excerpt from Practical Guidance
Adriana Paris at Rissman Barrett discusses the increased responsibilities and opportunities that becoming a senior associate brings and what attorneys in this role should prioritize to flourish in this stressful but rewarding next level in their careers.
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Automatic Arbitration Win For Cos. May Come With Pitfalls
The U.S. Supreme Court's recent resolution of a circuit split governing arbitration stays in Coinbase v. Bielski is a win for companies seeking to enforce arbitration agreements, but there may be consequences to keep in mind when considering whether to appeal a denial of a motion to compel arbitration, say Marianne Spencer and Sonya Winner at Covington.
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Legal Profession Must Do More For Lawyers With Disabilities
At the start of Disability Pride month, Rosalyn Richter at Arnold & Porter looks at why lawyers with disabilities are significantly underrepresented in private practice, asserting that law firms and other employers must do more to conquer the implicit bias that deters attorneys from seeking accommodations.
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Opinion
Appellate Funding Disclosure: No Mandate Is Right Choice
The Advisory Committee on Appellate Rules' recent decision, forgoing a mandatory disclosure rule for litigation funding in federal appeals, is prudent, as third-party funding is only involved in a minuscule number of federal cases, and courts have ample authority to obtain funding information if necessary, says Stewart Ackerly at Statera Capital.
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Halkbank Ruling Gives Gov't Leverage But Erodes Comity
The U.S. Supreme Court’s recent decision in Halkbank v. U.S., denying the Turkish state-owned bank immunity from prosecution, erodes the historic principle of comity in favor of imposing domestic law on foreign states, and could potentially usher in an era of mutually assured litigation between world powers, say Solomon Shinerock and Annika Conrad at Lewis Baach.
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High Court Ruling Provides New Avenue For Foreign Plaintiffs
The U.S. Supreme Court’s recent ruling in Yegiazaryan v. Smagin offers a new path for foreign plaintiffs attempting to enforce arbitral awards in the U.S., but it also leaves the standard for such attempts under the Racketeer Influenced and Corrupt Organizations Act unsettled, say attorneys at Wiley.
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How Attys Can Avoid Exposing Their Firms To Cyberattacks
Attorneys are the weakest link in their firms' cyberdefenses because hackers often exploit the gap between individuals’ work and personal cybersecurity habits, but there are some steps lawyers can take to reduce the risks they create for their employers, say Mark Hurley and Carmine Cicalese at Digital Privacy & Protection.
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Virginia 'Rocket Docket' Slowdown Is Likely A Blip
After being the fastest or second-fastest federal civil trial court for 14 straight years, the Eastern District of Virginia has slid to 18th place, but the rocket docket’s statistical tumble doesn't mean the district no longer maintains a speedy civil docket, says Robert Tata at Hunton.
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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.