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International Arbitration
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December 09, 2024
Live Nation Denied Rehearing In 9th Circ. Arbitration Fight
The full Ninth Circuit has refused to reconsider an appellate panel's recent decision invalidating Live Nation and Ticketmaster's choice of a digital arbitration startup for consumer antitrust claims over allegedly exorbitant ticket prices.
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December 09, 2024
Mexico Found Liable For Axing Oil Drilling Contract
An International Centre for Settlement of Investment Disputes tribunal has found that Mexico breached the North American Free Trade Agreement when a Mexican administrative court confirmed the termination of an oil drilling contract between the country's state-owned energy firm and Texas-based investors.
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December 09, 2024
High Court Won't Hear Zimmer Biomet Royalties Fight
The U.S. Supreme Court on Monday shot down Zimmer Biomet Holdings' challenge to the Seventh Circuit's finding that the company shouldn't have stopped paying royalties on knee replacement devices it developed using an orthopedic surgeon's various patents after those patents expired.
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December 06, 2024
$490M Suit Over Kurdish Telecom Loan Paused For Arbitration
A New York federal judge has paused litigation filed by a subsidiary of Kuwaiti logistics firm Agility Public Warehousing Co. to enforce a $490 million judgment against the Kurdistan Regional Government of Iraq while a related arbitration plays out.
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December 06, 2024
Rugby League, Fox Sports Move To End Meta Tracking Row
Fox Sports Australia and the National Rugby League are urging a California federal court to nix a proposed class action accusing them of disclosing viewers' personal data to Meta and other third parties without their knowledge or consent, saying the dispute belongs in Australia.
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December 06, 2024
High Court Bar's Future: Gupta Wessler's Jennifer Bennett
As a litigator for workers and consumers, Jennifer D. Bennett made her debut at the U.S. Supreme Court at an inauspicious time, when conservative justices were consistently helping corporations move major cases onto advantageous turf in arbitration. But since then, Bennett has amassed a flawless argument record and helped to turn the tide, making her one of the high court's most promising young advocates.
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December 05, 2024
Insurers Say Hurricane Damage Suit Still Must Be Arbitrated
A group of insurers is urging a Louisiana federal court not to reopen litigation over millions of dollars of hurricane damage that was previously ordered into arbitration, saying a new decision on the arbitration of insurance matters from the state's top court doesn't trump a related Fifth Circuit opinion.
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December 05, 2024
3rd Circ. Affirms ConocoPhillips Ruling On $8.5B Debt
The Third Circuit on Thursday affirmed a ruling paving the way for ConocoPhillips' participation in an auction for control of the U.S. oil giant Citgo to enforce an $8.5 billion debt against Venezuela.
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December 05, 2024
Justices Told 9th Circ. Got Test Wrong In $1.3B Award Fight
Indian satellite communications company Devas Multimedia and its shareholders have each submitted briefs to the U.S. Supreme Court urging the justices to nix the Ninth Circuit's decision to refuse enforcement of a $1.3 billion arbitral award against a state-owned division of India's space agency.
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December 04, 2024
$486M Djibouti Award Fight Settled In DC
A port operator has agreed to end litigation to enforce a $486 million arbitral award issued against Djibouti, several months after the D.C. Circuit ruled that Quinn Emanuel Urquhart & Sullivan LLP would have to prove it had authority to represent the company.
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December 04, 2024
Guo Trustee Balks At Boies Schiller's Clawback Transfer Bid
The Chapter 11 trustee overseeing Chinese exile Miles Guo's bankruptcy in Connecticut says Boies Schiller Flexner LLP should not be allowed to move a nearly $654,000 clawback action from bankruptcy court to district court, suggesting a bankruptcy judge is better poised to consider his asset recovery theories.
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December 04, 2024
Chinese Semiconductor Co. Seeks OK Of Emergency Award
A Chinese semiconductor company has asked a California federal court to enforce an emergency arbitral award barring a commodity trading firm from dissipating its assets as the two companies arbitrate a $5.4 million dispute over a botched contract for two lithography machines.
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December 03, 2024
DC Circ. Won't Revisit Energy Cos.' $377M Suits
The D.C. Circuit will not rehear a case brought by renewable energy investors looking to enforce some $377 million in arbitral awards against Spain over nixed economic incentives, declining to revisit its ruling over the summer that the awards can be enforced.
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December 03, 2024
DOJ Plans To Seize $3.4M From Sanctioned Russian Oligarch
The U.S. Department of Justice is looking to seize $3.4 million from Russian oligarch Oleg Deripaska based on the sale of a music studio in Burbank, California, saying he must forfeit the sale proceeds because they're linked to his sanctions violations.
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December 03, 2024
Justices Skeptical Of Hungary Holocaust Seizure Fight Ruling
A D.C. Circuit decision greenlighting expropriation claims brought by Holocaust survivors against Hungary may be in jeopardy after a hearing Tuesday during which the U.S. Supreme Court appeared receptive to arguments that the historical commingling of assets is not enough to overcome the country's sovereign immunity.
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December 03, 2024
Former OFAC Official Joins Hughes Hubbard In DC
Hughes Hubbard & Reed LLP has announced that a former lead sanctions investigator and analyst at the Office of Foreign Assets Control has joined the firm's Washington, D.C., office as a partner in its sanctions, export controls and anti-money laundering practice.
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December 02, 2024
Russia Looks To 4 FSIA Cases In Bid To Stay $5B Award Suit
Russia urged a D.C. federal judge to pause a case against it by a Yukos Oil Co. unit seeking to enforce $5 billion in arbitral awards, saying Monday that four parallel Foreign Sovereign Immunities Act cases are pending before the Supreme Court and the D.C. Circuit that could affect the suit.
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December 02, 2024
Two Latham Lawyers In Paris Head To De Gaulle Fleurance
Two international arbitration lawyers have departed Latham & Watkins Paris to join French firm De Gaulle Fleurance & Associes, where they plan to help launch an Ibero-American disputes practice.
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December 02, 2024
ByteDance Says Ex-Worker Can't Avoid Counterclaims
TikTok's parent company, ByteDance, says a former engineer shouldn't be able to dodge its counterclaims in a dispute stemming from his termination, arguing that just because he wants to drop his allegations doesn't mean those counterclaims are moot.
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December 02, 2024
Mining Cos. Ask Justices To Sink Peruvians' Pollution Claims
The Renco Group Inc., owned by U.S. billionaire Ira Rennert, has asked the U.S. Supreme Court to overturn an Eighth Circuit ruling that greenlit a lawsuit filed by more than 2,000 Peruvians who are seeking to hold The Renco Group and other companies liable for alleged lead poisoning tied to a smelting and refining complex in rural Peru.
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November 27, 2024
Ex-Disney Cruise Line Employee's Claim Sent To London
A Florida federal judge has ordered a former Disney Cruise Line employee to arbitrate in London his claim that the company wrongly fired him after he twice tested positive for marijuana, disagreeing with the man that Disney had waited too long to file its bid for arbitration.
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November 27, 2024
Special Master In Citgo Sale Suit Goes Back To Drawing Board
The special master overseeing the sale of Citgo's parent company in a proceeding aimed at satisfying billions of dollars in Venezuelan debt has agreed to abandon his proposed sales plan after it became clear how little support it had garnered from creditors, he told a Delaware judge on Tuesday.
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November 27, 2024
Stephenson Harwood Says Trade Export Co. Owes $100K In Fees
U.K.-based Stephenson Harwood LLP has sued an Alabama trade export company that specializes in Latin America, saying it owes more than $100,000 in legal fees after the law firm pursued arbitration on the company's behalf against London-based accountancy firm Parker Lloyd Ltd.
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November 27, 2024
Up Next At The High Court: Transgender Care, Holocaust Art
The U.S. Supreme Court will return to the bench Monday for its December arguments session, which will include blockbuster questions about the constitutionality of state laws banning gender-affirming care for transgender minors and whether Hungary can be held liable for property stolen during World War II.
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November 27, 2024
Better, Faster, Stranger: What Attys Think Of Our AI Future
Law firms are increasingly embracing the use of artificial intelligence, wary of its limitations but enchanted by its potential to transform the practice of law through smaller headcounts and cheaper litigation.
Expert Analysis
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.
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What Law Firms Should Know Amid Rise In DQ Motions
As disqualification motions proliferate, law firms need to be aware of the types of conflicts that most often lead to disqualification, the types of attorneys who may be affected and how to reduce their exposure to these motions, says Matthew Henderson at Hinshaw.
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A Look At Notable Trends From Hong Kong Arbitration Report
Last month, the Hong Kong International Arbitration Centre released its annual statistics for 2023, which underscore Hong Kong's continued importance as an international arbitration hub, especially for mainland China-related disputes, and highlight noteworthy trends such as increasing arbitral appointment diversity and the adoption of outcome-related fee structures, say attorneys at MoFo.
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Sorting Circuit Split On Foreign Arbitration Treaty's Authority
A circuit court split over whether the New York Convention supersedes state law barring arbitration in certain disputes — a frequent issue in insurance matters — has left lower courts to rely on conflicting decisions, but the doctrine of self-executing treaties makes it clear that the convention overrules state law, says Gary Shaw at Pillsbury.
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Series
Whitewater Kayaking Makes Me A Better Lawyer
Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.
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This Earth Day, Consider How Your Firm Can Go Greener
As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.
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Clarifying Legal Elements To Support A Genocide Claim At ICJ
Reporting on South Africa’s dispute against Israel in the International Court of Justice largely fails to clearly articulate what a case for genocide alleged in the context of war requires — a technical analysis that will evaluate several key factors, from the scale of the devastation to statements by officials, say Solomon Shinerock and Alex Bedrosyan at Lewis Baach.
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Practicing Law With Parkinson's Disease
This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.
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EU Ruling Exposes Sovereignty Fissures In Int'l Arbitration
The European Court of Justice's recent ruling that the U.K. had breached EU law by allowing an arbitral award to proceed underscores the diminished influence of EU jurisprudence in the U.K., hinting at the EU courts' increasingly nominal sway in international arbitration within jurisdictions that prize legal autonomy, says Josep Galvez at 4-5 Gray’s Inn.
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How Updated Int'l Arb Guidelines Clarify Conflicts Of Interest
The International Bar Association's recently updated Guidelines on Conflicts of Interest in International Arbitration encourage arbitrators and counsel to disclose a wider range of situations that could be seen as presenting conflicts — an essential step in harmonizing standards across international and cross-cultural contexts, says Flore Poloni at Signature Litigation.
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Series
Playing Hockey Makes Me A Better Lawyer
Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.
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UK Arbitration Ruling Offers Tips On Quelling Bias Concerns
An English court's recent decision in H1 v. W to remove an arbitrator because of impartiality concerns offers several lessons on mitigating bias, including striking a balance between arbitration experience and knowledge of a particular industry, and highlights the importance of careful arbitrator appointment, says Paul-Raphael Shehadeh at Duane Morris.
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.
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Opinion
Requiring Leave To File Amicus Briefs Is A Bad Idea
A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.
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4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.