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International Arbitration
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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.
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January 11, 2024
US Says Ukrainian Money Laundering Suit Should Proceed
The Biden administration has asked a Florida federal judge not to toss its civil lawsuit to seize funds purportedly connected to a Ukrainian money laundering scheme, arguing it's "simply wrong" for the accused to say there's no connection between property subject to forfeiture and the alleged scheme.
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January 11, 2024
Stephenson Harwood Adds 2 Partners In Hong Kong Office
Stephenson Harwood has added two new partners to the law firm's Hong Kong office, saying it has strengthened its greater China commercial litigation practice as well as its Asia-Pacific mergers and acquisitions practice with the addition of the two lawyers.
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January 11, 2024
CMS Hires Clifford Chance Disputes Pro In Dubai
CMS has appointed James Abbott, a Clifford Chance lawyer, as partner at its Dubai office, a move it believes will strengthen its practice in the Middle East.
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January 10, 2024
NY Court Mulls How To Define Validity In Sovereign Debt Case
New York's highest court on Wednesday expressed discomfort with creating a broad test for determining the enforceability of sovereign debt that is arguably invalid under a country's domestic law, in a case that centers on the enforcement of nearly $2 billion in defaulted Venezuelan bonds.
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January 10, 2024
Al Habtoor Hits Lebanon With $1B Dispute As War Fears Loom
Al Habtoor Group said Wednesday it had filed a dispute notice against Lebanon, claiming the country's breaches of its bilateral investment treaty with the United Arab Emirates amount to approximately $1 billion involving luxury hotels branded under Hilton Hotels & Resorts and other ventures.
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January 10, 2024
2nd Circ. Says Bank Account Fee Fight Can't Go To Arbitration
The Second Circuit on Wednesday affirmed a lower court's ruling denying arbitration in a suit accusing Popular Community Bank of charging improper overdraft fees, saying the suing customer did not receive a clear enough notice that he was bound by the arbitration provision at issue.
Expert Analysis
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Mexican Reform Bill Threatens Private Sector Investments
Following the announcement of an extensive and potentially problematic Mexican reform proposal that targets 23 laws, which could considerably affect the private sector and lead to increased arbitration proceedings, businesses and investors in Mexico should prepare for a likely changing legal landscape, say attorneys at Mayer Brown.
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Without Stronger Due Diligence, Attys Risk AML Regulation
Amid increasing pressure to mitigate money laundering and terrorism financing risks in gatekeeper professions, the legal industry will need to clarify and strengthen existing client due diligence measures — or risk the federal regulation attorneys have long sought to avoid, says Jeremy Glicksman at the Nassau County District Attorney’s Office.
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Every Lawyer Can Act To Prevent Peer Suicide
Members of the legal industry can help prevent suicide among their colleagues, and better protect their own mental health, by learning the predictors and symptoms of depression among attorneys and knowing when and how to get practical aid to peers in crisis, says Joan Bibelhausen at Minnesota Lawyers Concerned for Lawyers.
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Building On Successful Judicial Assignment Reform In Texas
Prompt action by the Judicial Conference could curtail judge shopping and improve the efficiency and procedural fairness of the federal courts by implementing random districtwide assignment of cases, which has recently proven successful in Texas patent litigation, says Dabney Carr at Troutman Pepper.
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Using International Arb. To Settle Cannabis Industry Disputes
As cannabis legalization continues in the U.S. and other countries, overseas investors and business owners should consider international arbitration for dispute resolution and assess the enforceability of relevant treaties and arbitration provisions, says Ramsey Schultz at Duane Morris.
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Do Videoconferences Establish Jurisdiction With Defendants?
What it means to have minimum contacts in a foreign jurisdiction is changing as people become more accustomed to meeting via video, and defendants’ participation in videoconferencing may be used as a sword or a shield in courts’ personal jurisdiction analysis, says Patrick Hickey at Moye White.
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Opinion
Humanism Should Replace Formalism In The Courts
The worrying tendency for judges to say "it's just the law talking, not me" in American decision writing has coincided with an historic decline in respect for the courts, but this trend can be reversed if courts develop understandable legal standards and justify them in human terms, says Connecticut Superior Court Judge Thomas Moukawsher.
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Don't Let Client Demands Erode Law Firm Autonomy
As clients increasingly impose requirements for attorney hiring and retention related to diversity and secondment, law firms must remember their ethical duties, as well as broader issues of lawyer development, culture and firm integrity, to maintain their independence while meaningfully responding to social changes, says Deborah Winokur at Cozen O'Connor.
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Opinion
Federal Judge's Amici Invitation Is A Good Idea, With Caveats
An Arkansas federal judge’s recent order — inviting amicus briefs in every civil case before him — has merit, but its implementation may raise practical questions about the role of junior attorneys, economic considerations and other issues, says Lawrence Ebner at the Atlantic Legal Foundation.
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Fox Ex-Producer Case Is A Lesson In Joint Representation
A former Fox News producer's allegations that the network's lawyers pressured her to give misleading testimony in Fox's defamation battle with Dominion Voting Systems should remind lawyers representing a nonparty witness that the rules of joint representation apply, says Jared Marx at HWG.
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Getting International Arbitration Ready For AI
As artificial intelligence systems make their way into international arbitration decision-making processes, arbitral institutions should evaluate the need for rules covering AI that can be adapted as technology continues to advance, say John Barkett and Ricardo Ampudia at Shook Hardy.
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Opinion
Stanford Law Protest Highlights Rise Of Incivility In Discourse
The recent Stanford Law School incident, where students disrupted a speech by U.S. Circuit Judge Kyle Duncan, should be a reminder to teach law students how to be effective advocates without endangering physical and mental health, says Nancy Rapoport at the University of Nevada.
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Dispute Prevention Strategies To Halt Strife Before It Starts
With geopolitical turbulence presenting increased risks of business disputes amid court backlogs and ballooning costs, companies should consider building mechanisms for dispute prevention into newly established partnerships to constructively resolve conflicts before they do costly damage, say Ellen Waldman and Allen Waxman at the International Institute for Conflict Prevention and Resolution.
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5th Circ. Ruling Leaves Open Questions On FCPA Liability
In its recent revival of Foreign Corrupt Practice Act charges against two defendants in U.S. v. Rafoi, the Fifth Circuit avoided ruling on key issues addressed last year in a long-running Second Circuit case, thus creating open questions on secondary theories of FCPA liability, say attorneys at Debevoise.
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Practical Skills Young Attorneys Must Master To Be Happier
For young lawyers, finding happiness on the job — with its competitive nature and high expectations for billable hours — is complicated, but three skills can help them gain confidence, reduce stress and demonstrate their professional value in ways they never imagined, says career counselor Susan Smith Blakely.