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International Arbitration
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February 09, 2024
Industry Groups Call For Wider Effort To Stop Houthi Attacks
More than 100 industry groups are calling for more governments to support military efforts to stop attacks on commercial vessels in the Red Sea by Yemen's Houthi rebels, which they said have disrupted at least $80 billion in cargo in recent months.
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February 09, 2024
EB-5 Visa Fraud Suit Should Be Stayed, Court Hears
A man accused of defrauding green-card hopefuls of millions of dollars through a visa program for foreign investors has asked a Florida federal court to pause claims against him while he appeals a decision refusing to send the case to arbitration.
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February 09, 2024
Court Says 'Catastrophe' Applies In COVID Reinsurance Cases
A London court has allowed insurers to make claims under reinsurance contracts for business interruption losses claimed during the COVID-19 pandemic, saying that the outbreak of an infectious disease constitutes a "catastrophe" under the policy wording.
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February 08, 2024
US Targets Price Cap Evaders, Bans Russian Diamonds
The U.S. sanctioned three Emirati shipping companies on Thursday and a Russian-controlled one registered in Liberia for violating the G7's oil price cap, according to the U.S. Treasury Department, which also blocked a tanker operated by two of them.
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February 08, 2024
Creditors Say Don't Reorder Priority Scheme In Citgo Auction
Creditors of Venezuela that are favorably positioned to recoup billions of dollars they're collectively owed in an upcoming auction for control of U.S. oil giant Citgo urged a Delaware federal judge on Wednesday not to grant a hedge fund's request for a "more equitable" distribution of the proceeds.
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February 08, 2024
Atty In 'The Saudi Sun' Case Seeks Jury Trial Over Sanctions
A Seattle attorney accused of creating a fake newspaper called The Saudi Sun and filing it as a court exhibit is pushing back against a $268,000 sanction order, arguing to the Ninth Circuit that he should have a jury trial first.
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February 08, 2024
Apt. Owners Can't Avoid Arbitrating Ida Damage, Insurers Say
Seven New Orleans-area property owners must submit their Hurricane Ida damage claims to arbitration proceedings regardless of whether one of two foreign conventions applies to the case over the other, a group of 10 insurers told a Louisiana federal court.
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February 08, 2024
EU Says It's Not Debating Sanctions For Broadcaster Carlson
The European Union is not currently discussing any sanctions against U.S. broadcaster Tucker Carlson for what the EU considers is the spreading of Russian propaganda, although each EU country may at any time propose possible media candidates for blacklisting, the European Commission said Thursday.
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February 07, 2024
Longford Argues Patent Settlement Row Must Be Arbitrated
Litigation funder Longford Capital has asked a Delaware federal court to send its dispute over a settlement with Arigna Technology Ltd. to arbitration, saying the arbitration agreement between the two parties is valid despite the Irish patent holding company's claims otherwise.
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February 07, 2024
Forbes Distributor Says Mexican Court Order Must Stand
A distributor of Forbes magazine in Latin America is urging a New York court to nix the media company's bid to overturn a Mexican court injunction barring it from terminating their deal while the companies arbitrate a renewal dispute, saying the request is improper.
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February 07, 2024
Fieldfisher Hires Arbitration Pro For New Amsterdam Practice
Fieldfisher LLP has recruited a dispute resolution specialist from Pogust Goodhead to spearhead a new international arbitration practice it has launched in Amsterdam, as it continues to build out its disputes offering across Europe.
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February 06, 2024
9th Circ. Won't Review $1.3B India Award Fight
The Ninth Circuit on Tuesday refused to revisit its decision overturning the enforcement of a $1.3 billion arbitral award issued to an Indian satellite communications company on jurisdictional grounds, despite a scathing dissent from several judges criticizing the appellate court's outlier position on the relevant issue.
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February 07, 2024
CORRECTED: 9th Circ. Nixes Mexican Movie Co.'s Award Challenge
The Ninth Circuit has agreed with a lower court's enforcement of an arbitral award against a Mexican motion picture distributor in a case involving a California film production company's right to distribute in Latin America the movie "Ava" starring Jessica Chastain. Correction: A previous version of this article's headline has been corrected.
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February 06, 2024
2nd Circ. Won't Nix Award In Telecom Shareholder Fight
The Second Circuit affirmed an arbitration award ordering the sale of a Latin American telecommunications tower after telling the contesting shareholders during oral argument it sounded like they had "buyer's remorse" about choosing arbitration.
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February 06, 2024
11th Circ. OKs Big Lots Widow's $9.6M Win Against Grandsons
The two grandsons of the Big Lots founder's widow owe her estate $9.6 million for mismanaging her fortune, an Eleventh Circuit panel ruled Tuesday, refusing to overturn an arbitration tribunal award after finding that its chairperson had no conflict of interest and that a virtual final hearing was appropriate in the case.
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February 06, 2024
Wimbledon Champ's Doping Ban Appeal Starts Wednesday
The doping ban appeal of Romanian professional tennis player Simona Halep will begin on Wednesday and is expected to wrap up by the end of the week, the Court of Arbitration for Sport said Tuesday.
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February 05, 2024
Sony Gets No Relief From Emergency Arbitrator In Nixed Deal
The Singapore International Arbitration Center has denied Sony's bid for emergency relief to prevent Zee Entertainment Enterprises Ltd. from initiating legal action to contest a decision by the Japanese company's Indian unit to terminate their $10 billion merger, Zee said.
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February 05, 2024
Justices Urged To Turn Away $392M Arbitrator Bias Suit
An oil company has urged the U.S. Supreme Court to deny a petition asking it to overturn the Second Circuit standard for vacating arbitral awards over apparent arbitrator bias, arguing that any differences in the federal appeals courts over the evident partiality standard are "academic."
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February 05, 2024
US Backs Spain In $386M Solar Award Cases
The Biden administration is urging the D.C. Circuit not to enforce some $386 million in arbitral awards issued to investors after Spain dialed back its renewable energy incentives, arguing that courts need not defer to arbitrators when deciding whether an arbitration agreement exists.
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February 02, 2024
Ukraine Suffers Setback In Russia Genocide Case
The International Court of Justice on Friday tossed a significant portion of the case Ukraine filed against Russia following the events of February 2022 on jurisdictional grounds, saying it cannot decide whether Moscow's invasion violated a decades-old anti-genocide treaty.
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February 02, 2024
Hemp Co. Founder Says Court Should Uphold $1.7M Win
A cannabis entrepreneur has urged a federal judge in Manhattan to reject Neptune Wellness Solutions Inc.'s "frivolous" bid to "re-litigate" an arbitration award of $1.7 million in attorney fees and expenses, saying the arbitrator didn't need to follow New York law.
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February 02, 2024
Judge Tosses Involuntary Releases In Amyris Ch. 11 Plan
A Delaware bankruptcy judge on Friday struck down biotechnology company Amyris Inc.'s plan to shield executives and others from liability using nonconsensual releases as part of its Chapter 11 plan, finding that Amyris can reorganize without relying on the controversial mechanism.
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February 02, 2024
Off The Bench: NIL In Court, $3B Golf Deal, Angelos Sells O's
In this week's Off The Bench, the NCAA's legal woes mount as two states lob antitrust claims against its name, image and likeness payment rules, the PGA Tour secures a $3 billion investment as talks with LIV Golf trudge on, and the Angelos family sells its stake in the Baltimore Orioles.
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February 02, 2024
Gazprom Subsidiary Told To Halt Claim Proceedings In Russia
A London appeals court on Friday granted an anti-suit injunction against a Gazprom joint venture, putting a halt to its €450 million ($488 million) claim in the Russian courts against UniCredit Bank AG for allegedly refusing to pay out under seven bond contracts.
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February 02, 2024
Holiday Inn Owner, Insurers Settle Suit Over $11M Ida Award
A New Orleans Holiday Inn owner asked a Louisiana federal court to permanently dismiss its suit against three insurers over an $11.4 million arbitration award and related bad faith claims after the parties reached a settlement in January.
Expert Analysis
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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.
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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.