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International Arbitration
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March 18, 2024
Catching Up With Delaware's Chancery Court
Multimillion-dollar e-cigarette settlements, $4 billion in stock buybacks and a $6.1 million appraisal tweak were among the big-dollar items logged in the Delaware Court of Chancery's ledger last week. Also on the docket: a Panama port project, a news outlet's defamation case, drone disputes and a flood of mail from Tesla shareholders. In case you missed it, here's all the latest from the Chancery Court.
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March 15, 2024
Chiquita MDL Experts Aren't Reliable, Parties Say
A Florida federal judge overseeing the multidistrict litigation against Chiquita Brands weighed arguments Friday on what evidence should be excluded in two upcoming bellwether trials, with each side insisting the other's experts should be disqualified from testifying about claims that the company funded a deadly right-wing Colombian paramilitary group.
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March 15, 2024
8th Circ. Nixes Arbitration Bid In $9M Chinese PPE Fight
The Eighth Circuit on Thursday refused to force a Chinese manufacturer of personal protective equipment to arbitrate its $9 million dispute over unpaid invoices with a U.S. distributor, ruling in a published opinion that the underlying pact containing an arbitration clause was never consummated.
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March 15, 2024
Eletson Creditors Urge Cutting Most Of Reed Smith's Fee Bid
Eletson Holdings Inc.'s unsecured creditors told a New York bankruptcy judge to cut the "vast majority" of the fees Reed Smith LLP requested for its work on the tanker company's Chapter 11 case because the firm wants nearly $1.9 million for work that didn't help the estate.
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March 15, 2024
Canadian Miner Seeks $200M In Arbitration Against Mexico
A Canadian mining company plans to submit a claim for arbitration against Mexico over $200 million in alleged damages related to a precious metals deposit, saying the country has breached the Comprehensive and Progressive Agreement for Trans-Pacific Partnership.
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March 15, 2024
Disney Star Takes Zee To Arbitration Over Sports-Airing Pact
The Walt Disney Co.-owned Star India has begun proceedings in the London Court of International Arbitration against broadcaster Zee Entertainment Enterprises for failing to meet terms of an agreement related to the airing of certain cricket matches, Zee disclosed Friday.
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March 14, 2024
UK Top Court Wrongly Enforced $356M Award Against Romania
Britain violated European Union law when the U.K. Supreme Court ruled in 2020 that two Swedish food investors could resume their efforts to enforce a $356 million arbitral award against Romania, despite findings within the EU that the award is illegal, the bloc's highest court found on Thursday.
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March 14, 2024
PE Firm Says NY Court Can Help Resolve $142M Award Fight
A private equity firm has urged a New York federal court to exercise its jurisdiction over two paintings held by Christie's auction house, including one by Andy Warhol, as the firm looks to seize them to satisfy $142 million in arbitral awards against a Chinese restaurateur.
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March 14, 2024
Koch Can't Bring $30M Claim Against Canada Under NAFTA
Canada prevailed in a $30 million arbitration brought by Koch Industries over the province of Ontario's decision to cancel a cap-and-trade program in 2018, securing dismissal of the claim on jurisdictional grounds.
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March 14, 2024
La. Strip Mall Says Insurers' Arbitration Clause Unenforceable
A New Orleans-area strip mall owner said it shouldn't be forced to arbitrate its bad faith claim against its insurers for the handling of its Hurricane Ida damage claim, telling a Louisiana federal court that the arbitration clause in its policies is unenforceable.
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March 13, 2024
Developer Must Arbitrate Defamation Case, Court Hears
A California man who's been accused of publicly badmouthing a Mexican developer of luxury homes in Baja California Sur to put off prospective buyers is urging a New York court to toss the developer's defamation suit against him or send the claims to an ongoing arbitration in Mexico.
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March 13, 2024
Jewish Group Sues UN Relief Agency Over Hamas Massacre
An advocacy group that defends Jewish rights has sued in Delaware federal court an American charity that aids a United Nations relief agency for Palestinian refugees, saying it purportedly bears accountability for the Hamas attack in Israel in October.
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March 13, 2024
Hospital Manager Cements $3.5M Gabon Arbitration Award
The Gabonese Republic must pay a $3.5 million arbitration award obtained by an Austrian healthcare management company, a D.C. federal judge ruled after the central African nation failed to appear in court.
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March 13, 2024
Italy Defeats Investor Suit Against Solar Subsidy Reduction
Italy has beaten back a German investment fund's claims that the country's lowered solar energy subsidies breached treaty obligations to ensure a stable investment environment, after an international tribunal ruled that the scale-down was reasonable, foreseeable and in the best interests of the public.
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March 20, 2024
4-5 Gray's Inn Square Hires Spanish Barrister
4-5 Gray's Inn Square has recruited a Spanish barrister-arbitrator with experience in sitting as a judge, positioning the chambers to attract Latin American clients as arbitration concerns in the European Union push investors to look for common-law forums.
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March 12, 2024
Lima Loses Bid To Duck $140M Arb. Awards In Highway Row
A D.C. federal judge on Tuesday refused to overturn $140 million in arbitral awards against the city of Lima, Peru, stemming from its dispute with a highway contractor, ruling that the contractor won those two awards "fair and square."
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March 12, 2024
Treasury Sanctions More Iran-Backed Terrorist Operatives
The U.S. Department of the Treasury on Tuesday unveiled new sanctions against a handful of individuals with ties to the designated terrorist group Al-Ashtar Brigades, singling out "key Iran-based operatives" as well as a financier for the group.
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March 12, 2024
Contractor Seeks Arbitration In $3M Guam Military Base Fight
An electrical contractor has petitioned a Guam federal court to order a California-Japanese joint venture that had hired it for a project to improve U.S. military facilities to arbitrate their dispute related to nearly $3 million in allegedly unpaid costs.
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March 12, 2024
Daiichi Urges Court To OK Arbitrator's Award Against Seagan
Japanese drugmaker Daiichi Sankyo has asked a Seattle federal judge not to toss an arbitral award refusing Seagen Inc.'s claims for billions of dollars in a dispute over cancer drug patents, saying the U.S. biotech company has incorrectly lodged a petition to vacate the award.
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March 12, 2024
La. Property Owners, Insurers Settle $5M Hurricane Ida Fight
Lloyd's of London and other insurers and underwriters have agreed to settle claims by a group of New Orleans-area property owners who allege the insurers wrongly denied more than $5.1 million in claims from Hurricane Ida damage after the insurers demanded the dispute be resolved in arbitration.
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March 11, 2024
Panama Port Fight Belongs In Chancery Court, H.K. Co. Says
A Hong Kong company alleging that its interest in a lucrative port project near the Atlantic entrance to the Panama Canal is being stolen has urged a Delaware federal court to remand its lawsuit back to the Chancery court, saying the suit's removal last month was a delay tactic.
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March 11, 2024
Drivers Drop Uber, Lyft Price-Fix Arbitration Appeal
The three Uber and Lyft drivers who were fighting to keep a suit accusing the ride-hailing companies of colluding to fix fare prices out of arbitration have dropped their appeal, according to a recent filing in a California state appeals court.
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March 11, 2024
Canadian Co. Loses $4.4B Romanian Gold Mining Claim
Canadian mining company Gabriel Resources Ltd. has reported its failure to win a $4.4 billion dispute with Romania over a canceled gold and silver project, saying its claims filed against the government have been thrown out by the World Bank's international arbitration institution.
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March 11, 2024
Pfizer Slams Ex-Compliance Officer's Whistleblower Claims
Pfizer has asked a California federal court to again dismiss the bulk of a discrimination and retaliation lawsuit filed by a former compliance officer for the pharmaceutical giant, arguing his latest suit is "largely a regurgitation of his original complaint."
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March 11, 2024
New Arbitration Firm Has 'Hit Ground Running,' Founders Say
Three international arbitration specialists who worked at Dechert LLP in France before they left to launch a boutique firm said on Monday that the new business has "hit the ground running" since it opened in January.
Expert Analysis
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Opinion
Private Equity Owners Can Remedy Law Firms' Agency Issues
Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.
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6 Key Factors For Successful Cross-Border Dispute Mediation
The European landscape of cross-border disputes diverges markedly from the U.S. experience and presents unique challenges, including the amalgamation of diverse cultures and legal systems, but there are several practical steps that practitioners can take to effectively navigate the process, says Peter Kamminga at JAMS.
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How To Protect Atty-Client Privilege While Using Generative AI
When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.
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How New Lawyers Can Leverage Feedback For Growth
Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.
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Twitter Legal Fees Suit Offers Crash Course In Billing Ethics
X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.
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ABA's Money-Laundering Resolution Is A Balancing Act
While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.
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Law Firm Professional Development Steps To Thrive In AI Era
As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.
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The Basics Of Being A Knowledge Management Attorney
Excerpt from Practical Guidance
Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.
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To Hire And Keep Top Talent, Think Beyond Compensation
Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.
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Defense Practice Pointers In Venezuela Bribe Case Dismissal
A Texas federal court’s recent dismissal of charges in U.S. v. Murta — one of over two dozen prosecutions targeting bribes paid to a Venezuelan state-owned oil company — highlights the complicated issues presented by cross-border investigations, and provides lessons for defense counsel representing foreign clients in U.S. prosecutions, say attorneys at Steptoe & Johnson.
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Strategies For Enforcing Arbitral Awards Against Sovereigns
When a large project or investment in a foreign country is unexpectedly expropriated by a new government, companies often prevail in arbitration — but if the sovereign refuses to pay up, collecting the arbitral award may require persistence, creativity, and a mixture of hard and soft approaches, say Gabe Bluestone and Jeff Newton at OmniBridgeway.
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Perspectives
More States Should Join Effort To Close Legal Services Gap
Colorado is the most recent state to allow other types of legal providers, not just attorneys, to offer specific services in certain circumstances — and more states should rethink the century-old assumptions that shape our current regulatory rules, say Natalie Anne Knowlton and Janet Drobinske at the University of Denver.
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Identifying Trends And Tips In Litigation Financing Disclosure
Growing interest and controversy in litigation financing raise several salient concerns, but exploring recent compelled disclosure trends from courts around the country can help practitioners further their clients' interests, say Sean Callagy and Samuel Sokolsky at Arnold & Porter.
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Opinion
OFAC Designation Prosecutions Are Constitutionally Suspect
Criminal prosecutions based on the Office of Foreign Assets Control’s sanctions-related listing decisions — made with nearly unfettered discretion through an opaque process — present several constitutional issues, so it is imperative that courts recognize additional rights of review, say Solomon Shinerock and Annika Conrad at Lewis Baach.
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9th Circ. Ruling Shows Int'l Arbitration Jurisdictional Snags
While the Ninth Circuit sidestepped the thorny and undecided constitutional question of whether a foreign state is a person for the purposes of a due process analysis, its Devas v. Antrix opinion provides important guidance to parties seeking to enforce an arbitration award against a foreign sovereign in the U.S., say attorneys at Wiley.