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International Arbitration
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February 05, 2024
US Backs Spain In $386M Solar Award Cases
The Biden administration is urging the D.C. Circuit not to enforce some $386 million in arbitral awards issued to investors after Spain dialed back its renewable energy incentives, arguing that courts need not defer to arbitrators when deciding whether an arbitration agreement exists.
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February 02, 2024
Ukraine Suffers Setback In Russia Genocide Case
The International Court of Justice on Friday tossed a significant portion of the case Ukraine filed against Russia following the events of February 2022 on jurisdictional grounds, saying it cannot decide whether Moscow's invasion violated a decades-old anti-genocide treaty.
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February 02, 2024
Hemp Co. Founder Says Court Should Uphold $1.7M Win
A cannabis entrepreneur has urged a federal judge in Manhattan to reject Neptune Wellness Solutions Inc.'s "frivolous" bid to "re-litigate" an arbitration award of $1.7 million in attorney fees and expenses, saying the arbitrator didn't need to follow New York law.
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February 02, 2024
Judge Tosses Involuntary Releases In Amyris Ch. 11 Plan
A Delaware bankruptcy judge on Friday struck down biotechnology company Amyris Inc.'s plan to shield executives and others from liability using nonconsensual releases as part of its Chapter 11 plan, finding that Amyris can reorganize without relying on the controversial mechanism.
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February 02, 2024
Off The Bench: NIL In Court, $3B Golf Deal, Angelos Sells O's
In this week's Off The Bench, the NCAA's legal woes mount as two states lob antitrust claims against its name, image and likeness payment rules, the PGA Tour secures a $3 billion investment as talks with LIV Golf trudge on, and the Angelos family sells its stake in the Baltimore Orioles.
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February 02, 2024
Gazprom Subsidiary Told To Halt Claim Proceedings In Russia
A London appeals court on Friday granted an anti-suit injunction against a Gazprom joint venture, putting a halt to its €450 million ($488 million) claim in the Russian courts against UniCredit Bank AG for allegedly refusing to pay out under seven bond contracts.
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February 02, 2024
Holiday Inn Owner, Insurers Settle Suit Over $11M Ida Award
A New Orleans Holiday Inn owner asked a Louisiana federal court to permanently dismiss its suit against three insurers over an $11.4 million arbitration award and related bad faith claims after the parties reached a settlement in January.
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February 02, 2024
Cozen O'Connor Adds Rivero Mestre Business Litigator In NY
Cozen O'Connor has hired a Rivero Mestre LLP international business litigator who focuses his practice on cross-border business disputes originating in Latin America to the firm's New York City-based commercial litigation group.
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February 01, 2024
175 Biz Groups Lobby WTO To Keep Block On Digital Duties
The World Trade Organization should renew a decades-old suspension of tariffs on electronic commissions at its upcoming Ministerial Conference to ensure a future of innovation and resiliency, 175 business associations from around the world told the WTO in a statement.
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February 01, 2024
Oil Price Cap Coalition Outlines Top Evasion Tactics
The countries behind the Russian oil price cap, or OPC, issued new guidance Thursday outlining the primary tactics used to evade the $60 per barrel limit, including the increasing use of byzantine corporate structures to hide prohibited transactions.
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February 01, 2024
Mexico Can't Confirm US Labor Claims At Fujikura Auto Plant
Investigators from Mexico's Ministry of Labor and Ministry of Economy said Wednesday they can't verify U.S.-backed claims of labor rights violations and discrimination against former union organizers at an automotive plant in Piedras Negras, Coahuila.
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February 01, 2024
Former Gov. Of Puerto Rico Joins Reed Smith From Steptoe
Reed Smith LLP announced Thursday that it has hired two partners to its Washington, D.C., and New York offices, including a former governor of Puerto Rico.
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February 01, 2024
Spain Doesn't Have To Pay Upfront In €120M Energy Row
An appeals court said Thursday it had found "no compelling reason" to make Spain's challenge to a €120 million ($130 million) arbitral award for slashing economic incentives for renewable energy investors conditional on the state paying the full amount upfront.
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January 31, 2024
Worker-Centered Trade Faces Headwinds From Lawmakers
President Joe Biden's goal to recalibrate international trade to support middle-class jobs is facing headwinds following a series of trade negotiation setbacks, an exodus of high-level staffers, and now a congressional threat to his nomination of a deputy trade representative.
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January 31, 2024
11th Circ. Skeptical Of Bid To Nix Retail Heiress's Award
The Eleventh Circuit appeared disinclined on Wednesday to vacate an arbitral award finding the grandsons of a retail store heiress liable for mismanaging her $70 million fortune based on the tribunal chair's failure to disclose a lawsuit she filed against State Farm, which had recently hired one of the grandsons.
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January 31, 2024
Watchdog Calls For Written Guidance On Autos
A government watchdog report Wednesday urged the Office of the U.S. Trade Representative to develop written guidance to better partner with other federal offices on the Interagency Committee on Trade in Automotive Goods, which provides advice on regional trade rules.
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January 31, 2024
DC Circ. Urged To Rush Russia Appeal In $50B Award Case
Former shareholders of Yukos Oil Co. called on the D.C. Circuit to expedite Russia's appeal, which challenges its rejected attempt to dismiss a long-running case to enforce $50 billion in arbitration awards, arguing that answering the legal question at issue falls within the public interest.
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January 30, 2024
Patent Holding Firm Says Fight With Funder Belongs In Court
An Irish patent holding company is fighting litigation funder Longford Capital's bid to force it to arbitrate a dispute over the proceeds of a settlement that ended certain patent litigation, telling a Delaware federal court in a brief made public on Tuesday that it never agreed to those terms.
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January 30, 2024
5th Circ. Tosses $200M Vessel Explosion Award Confirmation
A Louisiana federal court couldn't confirm $200 million awarded to a German shipowner for a deadly chemical explosion on its vessel because MSC, the Swiss shipping giant liable for the disaster, doesn't have a connection to the Pelican State, according to a Fifth Circuit panel.
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January 30, 2024
US Skating Team Gets 2022 Gold After Arbitration Ruling
The International Skating Union on Tuesday declared that the U.S. is the retroactive winner of the 2022 Olympic gold medal for team figure skating, an announcement that comes one day after the Court of Arbitration for Sport found that Russian Olympic figure skater Kamila Valieva violated Russian doping rules, making all her results since Dec. 25, 2021, invalid.
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January 29, 2024
Justices Urged To OK 9th Circ.'s Coinbase Arbitration Ruling
The American Association for Justice, legal scholars and a consumer advocacy organization threw their weight behind a proposed class of Coinbase users Monday in their fight at the U.S. Supreme Court to keep their dispute alleging the cryptocurrency exchange platform misled them about a Dogecoin sweepstakes out of 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.
Expert Analysis
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High Court Ruling Provides New Avenue For Foreign Plaintiffs
The U.S. Supreme Court’s recent ruling in Yegiazaryan v. Smagin offers a new path for foreign plaintiffs attempting to enforce arbitral awards in the U.S., but it also leaves the standard for such attempts under the Racketeer Influenced and Corrupt Organizations Act unsettled, say attorneys at Wiley.
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How Attys Can Avoid Exposing Their Firms To Cyberattacks
Attorneys are the weakest link in their firms' cyberdefenses because hackers often exploit the gap between individuals’ work and personal cybersecurity habits, but there are some steps lawyers can take to reduce the risks they create for their employers, say Mark Hurley and Carmine Cicalese at Digital Privacy & Protection.
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Virginia 'Rocket Docket' Slowdown Is Likely A Blip
After being the fastest or second-fastest federal civil trial court for 14 straight years, the Eastern District of Virginia has slid to 18th place, but the rocket docket’s statistical tumble doesn't mean the district no longer maintains a speedy civil docket, says Robert Tata at Hunton.
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5 Management Tips To Keep Law Firm Merger Talks Moving
Many law firm mergers that make solid business sense still fall apart due to the costs and frustrations of inefficient negotiations, but firm managers can increase the chance of success by effectively planning and executing merger discussions, say Lisa Smith and Kristin Stark at Fairfax Associates.
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Rethinking In-Office Attendance For Associate Retention
The hybrid office attendance model doesn't work for all employees, but it does for many — and balancing these two groups is important for associate retention and maintaining a BigLaw firm culture that supports all attorneys, says Summer Eberhard at Major Lindsey.
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Murdaugh Trials Offer Law Firms Fraud Prevention Reminders
As the fraud case against Alex Murdaugh continues to play out, the evidence and narrative presented at his murder trial earlier this year may provide lessons for law firms on implementing robust internal controls that can detect and prevent similar kinds of fraud, say Travis Casner and Helga Zauner at Weaver and Tidwell.
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Firm Tips For Helping New Lawyers Succeed Post-Pandemic
Ten steps can help firms significantly enhance the experience of attorneys who started their careers in the coronavirus pandemic era, including facilitating opportunities for cross-firm connection, which can ultimately help build momentum for business development, says Lana Manganiello at Equinox Strategy Partners.
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Tackling Judge-Shopping Concerns While Honoring Localism
As the debate continues over judge-shopping and case assignments in federal court, policymakers should look to a hybrid model that preserves the benefits of localism for those cases that warrant it, while preventing the appearance of judge-shopping for cases of a more national or widespread character, says Joshua Sohn at the U.S. Department of Justice.
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Perspectives
How Attorneys Can Help Combat Anti-Asian Hate
Amid an exponential increase in violence against Asian American and Pacific Islander communities, unique obstacles stand in the way of accountability and justice — but lawyers can effect powerful change by raising awareness, offering legal representation, advocating for victims’ rights and more, say attorneys at Gibson Dunn.
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Opinion
Congress Needs To Enact A Federal Anti-SLAPP Statute
Although many states have passed statutes meant to prevent individuals or entities from filing strategic lawsuits against public participation, other states have not, so it's time for Congress to enact a federal statute to ensure that free speech and petitioning rights are uniformly protected nationwide in federal court, say attorneys at Skadden.
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Alstom Arb. Case Shows 3 Approaches To Corruption Claims
French, English and Swiss courts have provided differing assessments of post-award corruption allegations in the long-running case Alexander Brothers v. Alstom, which is clearly undesirable, and may affect arbitration tactics, says Harriet Chopra at Fladgate.
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5 Insider-Threat Reminders After Recent DOJ Prosecutions
Three recent U.S. Department of Justice actions may well lead to much greater scrutiny of companies in which insiders engage in a variety of corporate misconduct, including conducting or enabling cybercrimes, which will likely fall not just on government contractors, but across industries and geographies, say attorneys at Paul Weiss.
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Applying The Singapore Convention In UK: The Key Questions
While the U.K. government's recent decision to join the Singapore Convention is welcome, the hard work arguably starts now in devising the domestic rules to implement it, which should not be treated as a straightforward exercise, says Jan O'Neill at Herbert Smith.
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Some Client Speculations On AI And The Law Firm Biz Model
Generative artificial intelligence technologies will put pressure on the business of law as it is structured currently, but clients may end up with more price certainty for legal services, and lawyers may spend more time being lawyers, says Jonathan Cole at Melody Capital.
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10th Circ. Highlights US Court Discretion On Arbitral Awards
The Tenth Circuit's recent decision enforcing an arbitral judgment against a Mexican cement company even after it was annulled in Bolivia could signal an expansion in district courts' discretionary powers over motions to enforce foreign arbitral awards, say Max Chester and Parker White at Foley & Lardner.