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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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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.
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US Case May Open New Venue For Investor-State Disputes
A U.S. investor's novel arguments in a recently filed federal case against the government of Curaçao and St. Maarten, in which she argues that a 1957 treaty between the U.S. and The Netherlands provides jurisdiction, could open up new avenues for plaintiffs to sue foreign governments for alleged breaches of international law, say attorneys at Hogan Lovells.
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ABA Opinion Should Help Clarify Which Ethics Rules Apply
A recent American Bar Association opinion provides key guidance on interpreting ABA Model Rule 8.5's notoriously complex choice-of-law analysis — and should help lawyers authorized to practice in multiple jurisdictions determine which jurisdiction's ethics rules govern their conduct, say attorneys at HWG.
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4 Ways To Reboot Your Firm's Stalled Diversity Program
Law firms that have failed to see real progress despite years of diversity initiatives can move forward by committing to tackle four often-taboo obstacles that hinder diversity, equity and inclusion efforts, says Steph Maher at Jaffe.
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DOJ's Google Sanctions Motion Shows Risks Of Auto-Deletion
The U.S. Department of Justice recently hit Google with a sanctions motion over its alleged failure to preserve relevant instant-messaging communications, a predicament that should be a wake-up call for counsel concerning the danger associated with automatic-deletion features and how it's been handled by the courts, say Oscar Shine and Emma Ashe at Selendy Gay.
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Sanctions Enforcement Around The G-7: View From The US
The recent creation of the G-7 Enforcement Coordination Mechanism, to be chaired by the U.S. in its first year, signals that companies should prepare for increased enforcement of Russia sanctions and better coordination of such efforts among member nations, say attorneys at Baker McKenzie.
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What To Expect From A Litigation Finance Industry Recession
There's little data on how litigation finance would fare in a recession, but a look at stakeholders' incentives suggests corporate demand for litigation finance would increase in a recessionary environment, while the number of funders could shrink, says Matthew Oxman at LexShares.
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Combating Russia's Evolving Sanctions Evasion Efforts
As the war in Ukraine enters its second year, Russia and its oligarch class will continue their attempts to elude sanctions, and regulators from the U.S. and allied nations will keep searching for ways to beat them back, say Ian Herbert at Miller & Chevalier and Brad Dragoon at Charles River.
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EU Investors May Find Remedy In Foreign Antisuit Injunctions
In a duo of recent cases, a D.C. federal court called antisuit injunctions "strong medicine" against Spain's attempt to deprive the court of its jurisdiction, and may have prescribed just what the doctor ordered for European Union investors seeking to enforce intra-EU claims, say Gregory Williams and Tatiana Sainati at Wiley.
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Volatile Energy Prices Complicate Int'l Arbitration Damages
In the turbulent global energy market, international arbitration is a crucial tool for resolving cross-border disputes — but determining how, if at all, to account for recent energy price spikes when quantifying damages presents many challenges for tribunals, say attorneys at White & Case.
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Justices Leave Questions Open On Dual-Purpose Atty Advice
The U.S. Supreme Court's recent dismissal of In re: Grand Jury on grounds that certiorari was improvidently granted leaves unresolved a circuit split over the proper test for deciding when attorney-client privilege protects a lawyer's advice that has multiple purposes, say Susan Combs and Richard Kiely at Holland & Hart.
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New US Controls May Deter Outside Support For Russia
On the first anniversary of Russia’s invasion of Ukraine, the U.S. published a tranche of new rules that further complicate the sanctions and export control landscape, in part by adding non-Russian parties that help Russia evade sanctions, and Iranian exports of foreign-produced items made with U.S. technology, say attorneys at Ropes & Gray.
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Steps Lawyers Can Take Following Involuntary Terminations
Though lawyers can struggle to recover from involuntary terminations, it's critical that they be able to step back, review any feedback given and look for opportunities for growth, say Jessica Hernandez at JLH Coaching & Consulting and Albert Tawil at Lateral Hub.
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High Court Ax Of Atty-Client Privilege Case Deepens Split
The U.S. Supreme Court's recent dismissal of In re: Grand Jury as improvidently granted maintains a three-way circuit split on the application of attorney-client privilege to multipurpose communications, although the justices have at least shown a desire to address it, say Trey Bourn and Thomas DiStanislao at Butler Snow.