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International Arbitration
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February 20, 2024
Validity Of $2B Venezuelan Bonds Remains Unresolved In NY
New York's highest court on Tuesday cleared a path for Venezuela's state-owned oil company to argue that nearly $2 billion in defaulted bonds are invalid under its domestic law, saying the validity question can now be answered by the federal courts.
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February 16, 2024
'No Respect': 2nd Circ. Judge Chides Dissatisfied Arb. Users
A Chinese cinema magnate's argument that he was inadequately notified of an arbitration that led to a $457 million penalty had a Second Circuit judge invoking the 1972 classic film "The Godfather" on Friday, as he criticized parties who only come to court to complain after the fact.
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February 16, 2024
Trade Dispute Reform Draft Emphasizes Mediation
A draft agreement for overhauling the World Trade Organization's dispute settlement process circulated Friday proposes a new emphasis on the institution's alternatives to the formal litigation process that the U.S. has criticized as exclusionary and inefficient.
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February 16, 2024
Canada Liable Under NAFTA For Axed LNG Project, Co. Says
A U.S. company that invested at least $120 million in a since-thwarted liquefied natural gas project maintained that Canada is liable for $1 billion in damages for breaches of the North American Free Trade Agreement, and that the International Centre for Settlement of Investment Disputes has jurisdiction over its claims.
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February 16, 2024
EU Launches First In-Depth Foreign Subsidy Probe
The European Commission is launching an investigation into whether state assistance gave a Chinese train manufacturer a leg up in its bid for a Bulgarian government contract, the authority's first investigation under the European Union's new foreign subsidies regulation.
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February 16, 2024
Ex-FBI Field Boss Gets 28 Months For Foreign Payouts
A former FBI field office supervisor was sentenced Friday to 28 months in prison for failing to disclose a $225,000 payment that he received from a former Albanian intelligence official while overseeing counterintelligence matters at the bureau.
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February 16, 2024
International Arbitration Group Of The Year: King & Spalding
King & Spalding LLP won a $16 billion victory against the Republic of Argentina for former shareholders of YPF SA in what the firm said is the largest U.S. judgment ever against a sovereign nation — and one of the largest U.S. judgments ever — landing it among Law360's 2023 International Arbitration Groups of the Year.
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February 15, 2024
Del. Judge Won't Reorder Priority Scheme For Citgo Auction
A Delaware federal judge on Thursday denied a bid from certain creditors of Venezuela for a "more equitable" distribution of proceeds from an auction for control of the U.S. oil giant Citgo slated for later this year, ruling that their motion came too late.
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February 15, 2024
Anti-Doping Agency Sends Nigeria, Venezuela To Arbitration
The World Anti-Doping Agency has asked the Court of Arbitration for Sport to arbitrate accusations that Nigeria and Venezuela's anti-doping agencies are not complying with the agency's rules, saying the two nations have lost their privileges in global sporting events for the time being.
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February 15, 2024
Biz Groups Urge Feds To Back WTO's Block On Digital Duties
Major U.S. trade and business groups, including the U.S. Chamber of Commerce and the National Foreign Trade Council, urged U.S. officials to back the World Trade Organization's suspension of tariffs on electronic transmissions ahead of a renewal vote later this month.
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February 15, 2024
State Dept. Offers $5M For Info On 'BlackCat' Ransomware Group
The State Department is offering millions for information on the "BlackCat" ransomware, claiming that the AlphV cybercrime group has compromised over 1,000 entities globally.
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February 15, 2024
International Arbitration Group Of The Year: Gibson Dunn
Gibson Dunn & Crutcher LLP aided hip-hop mogul Jay-Z in navigating closely watched arbitration hearings and related litigation as he sparred with liquor giant Bacardi over the multibillion-dollar valuation of their joint cognac venture, earning the law firm a spot among Law360's 2023 International Arbitration Groups of the Year.
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February 14, 2024
DC Circ. Won't Rush Russia Appeal In $50B Award Case
The D.C. Circuit will not fast-track its review of Russia's claim for sovereign immunity against arbitration enforcement litigation brought by former majority shareholders of the defunct Yukos Oil Co., which obtained $50 billion in arbitral awards against Moscow.
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February 14, 2024
Zimbabwe Says It Didn't Waive Immunity In $440M Award Feud
A D.C. federal judge improperly leaned on Second Circuit precedent in ruling that Zimbabwe can't escape the enforcement of two arbitration awards stemming from the southern African country's controversial land reform program, Zimbabwe told the D.C. Circuit.
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February 14, 2024
Spain Says €23.5M Award To Japanese Co. Can't Be OK'd
Spain is urging a D.C. federal court to nix a Japanese investor's petition to enforce a €23.5 million ($25.2 million) arbitral award it won after Madrid dialed back economic incentives for renewable energy projects, arguing that doing so would force the country to violate European Union law.
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February 14, 2024
Dem Lawmakers Back Biden's Pause On Digital Trade Policy
Dozens of Democratic lawmakers praised the Biden administration's decision to step back from earlier endorsements of international norms for digital trade, saying in a letter to the White House that its caution respects Congress' role in regulating Big Tech.
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February 14, 2024
TMZ Ordered To Pay $300K In Atty Fees Over Bus Tour Case
A California federal judge on Monday ordered TMZ to reimburse a Hollywood bus tour operator almost $300,000 in attorney fees after the operator convinced the court to vacate an arbitration award favoring the celebrity news provider based on an arbitrator's failure to disclose relevant information.
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February 14, 2024
International Arbitration Group Of The Year: Covington
Covington & Burling LLP was able to convince an international tribunal last April to order Russia to pay $5 billion to Naftogaz after the Kremlin seized the Ukrainian state-owned oil and gas company's Crimean assets, earning the firm a spot among Law360's 2023 International Arbitration Groups of the Year.
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February 14, 2024
Rosenblatt Opens Arbitration Practice With New Partner Duo
Rosenblatt has launched a new international arbitration practice in London to be headed by two recent partner hires from Bryan Cave Leighton Paisner and LMS Legal amid growing demand for specialized arbitration experts in cross-border disputes.
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February 13, 2024
Indian Satellite Co. Wants Justices' View On US Courts' Purview
The Ninth Circuit erred in ruling it had no jurisdiction over a commercial division of an Indian space agency and, therefore, could not enforce a $1.3 billion arbitral award, an Indian satellite company said in its request to stay the ruling while it takes the matter up with the U.S. Supreme Court.
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February 13, 2024
Wireless Tech Co. Can't Get $12.5M Award OK'd At 4th Circ.
The Fourth Circuit on Tuesday overturned the enforcement of a $12.5 million arbitral award issued in a trade secrets dispute between wireless technology companies, ruling in a published opinion that the lower court lacked jurisdiction under the U.S. Supreme Court's 2022 decision in Badgerow v. Walters.
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February 13, 2024
Indian Pharma Co. Can't Get Fees In $950M COVID Vax Suit
A Seattle federal judge has nixed an Indian generic-drug maker's bid for about $3 million in attorney fees after it prevailed in a biotherapy company's $950 million lawsuit accusing it of stealing its COVID-19 vaccine, saying the maker didn't convince him it spent extra money litigating the suit.
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February 13, 2024
Ship Co. Seeks 5th Circ. Redo On $200M Award Enforcement
A German shipowner has asked the Fifth Circuit to reconsider whether to enforce a $200 million arbitral award it won following a deadly chemical explosion on its vessel, saying it never had a chance to respond to the argument that ultimately led to the decision.
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February 12, 2024
Live Nation Buyers Urge 9th Circ. To Nix Arbitration Rules
Consumers suing Live Nation and Ticketmaster in a proposed antitrust class action have told the Ninth Circuit that a district court correctly ruled the companies' failure to tell ticket buyers they were switching to a new arbitrator is "procedurally unconscionable to an extreme degree."
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February 12, 2024
Kuwaiti Co. Sees $380M Telecom Investment Claim Revived
An annulment committee has revived Agility Public Warehousing Co. KSC's claim accusing Iraq of wrongly rescinding the Kuwaiti logistics contractor's $380 million investment in a Kurdish mobile phone operator called Korek Telecom, said to be Iraq's fastest growing mobile operator.
Expert Analysis
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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.
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Series
The Pop Culture Docket: Judge Elrod On 'Jury Duty'
Though the mockumentary series “Jury Duty” features purposely outrageous characters, it offers a solemn lesson about the simple but brilliant design of the right to trial by jury, with an unwitting protagonist who even John Adams may have welcomed as an impartial foreperson, says Fifth Circuit Judge Jennifer Elrod.