International Arbitration

  • September 25, 2020

    Heirs Say 9th Circ. Must Disregard Arbitrator's Conviction

    The Ninth Circuit must disregard evidence that an arbitrator who issued an $18 billion award against Chevron has been convicted of forgery for a second time, according to a group of Saudi heirs, since it was not part of the record before the lower court.

  • September 25, 2020

    2nd Circ. OKs Toss Of Suit Over German SW Africa Atrocities

    The Second Circuit has ruled that a lawsuit seeking damages from Germany for atrocities and property seizures committed by its colonial authorities against Indigenous groups from southwestern Africa more than a century ago can't proceed in New York under foreign sovereign immunity law.

  • September 24, 2020

    Venezuela Mining Co. Must Pay $188M Arbitral Award

    A British Virgin Islands commodities firm has won confirmation in Florida federal court of its nearly $188 million arbitral award against a Venezuelan state-owned mining company after it failed to enter an appearance in the case filed late last year.

  • September 24, 2020

    Freshfields Elects 1st Female Senior Partner In Its History

    Freshfields Bruckhaus Deringer LLP on Thursday announced the appointment of a new leadership team that includes the London-based law firm's first female senior partner-elect.

  • September 24, 2020

    CAS Overturns Lifetime Ban On Russian Biathletes

    The Court of Arbitration for Sport has overturned lifetime bans on three Russian biathletes after the women filed appeals contesting their alleged violations of anti-doping rules during the 2014 Sochi Winter Olympics, the court announced Thursday.

  • September 24, 2020

    Insurers Win Litigation Ban In UK Claim Over $1B Texas Case

    A London judge ordered a British engineering and construction firm to withdraw U.S. litigation seeking to force 10 insurers to cover defense costs for a $1.4 billion cost-overrun suit in Texas, extending his prior anti-suit injunction.

  • September 24, 2020

    DWF Poaches Serious Injury Insurance Team From Keoghs

    Global law firm DWF LLP said Thursday it has snagged three partners and a team of 10 from U.K. insurance dispute resolution specialist Keoghs LLP to open a new office in the southeast English city of Southampton.

  • September 23, 2020

    COVID-19 Lockdowns Fueled Steep Drop In Global Trade

    Global trade in goods fell off between the first and second quarters of 2020 at a rate unseen since the 2008 financial crisis, as countries went into lockdown to combat the spread of COVID-19, the World Trade Organization reported Wednesday.

  • September 23, 2020

    Firm Says There's No Reason To Put $36M Award OK On Hold

    A Bolivian investment firm is urging the Tenth Circuit not to put its ruling enforcing a $36 million arbitral award on hold while the U.S. Supreme Court considers the matter, dismissing as "fanciful" a Mexican cement company's hopes that the justices will vacate the decision.

  • September 23, 2020

    Jurisdiction Up First In $70M Mexico Hotel Seizure Dispute

    An international tribunal will consider as an initial matter whether it has jurisdiction over a $70 million arbitration against Mexico over seized hotel properties that involves claims by six investors with different nationalities under four different treaties.

  • September 23, 2020

    McDermott Tax Partners Help Start Up Latin America Practice

    McDermott Will & Emery LLC is adding a designated Latin America practice, led by two tax partners, to assist its clients with business and investments in the region, the firm announced. 

  • September 23, 2020

    Investment Firm Gets Russian Bank's $135M Fraud Suit Halted

    A London judge on Wednesday ordered a Russian bank to halt its $135 million fraud lawsuit against a corporate investment company accused of siphoning assets off the failed lender, ruling the companies had agreed to arbitrate disputes in the U.K.

  • September 22, 2020

    Indian Oil Co. Says NY Fed Must Turn Over Yemen Bank Docs

    An Indian state-owned oil company is enlisting a New York court's help in tracking down assets to collect a five-year-old $3.8 million arbitral award against Yemen, saying the Federal Reserve Bank of New York needs to turn over information on accounts held by the country's central bank.

  • September 22, 2020

    Donziger Wants NY's High Court To Review Disbarment

    Chevron foe Steven Donziger is asking New York's highest court to review a decision to disbar him in the state, saying he was given no chance to defend himself against a federal court's finding that he committed fraud in a $9.5 billion environmental case in Ecuador.

  • September 22, 2020

    7th Circ. Nixes Doc Bid In UK Engine Fire Arbitration

    The Seventh Circuit on Tuesday rejected an aerospace parts maker's bid for discovery to use in a $12.8 million U.K. arbitration over an engine fire, adding to an ever-widening circuit split on whether U.S. law allows federal courts to order discovery for private commercial arbitration abroad.

  • September 22, 2020

    Maduro Fights For Recognition In Appeal Of $1B Gold Battle

    A legal battle over €930 million ($1 billion) of Venezuela's gold stored at the Bank of England returned to the London courts on Tuesday, with the Nicolás Maduro-backed central bank board seeking to overturn a decision recognizing opposition leader Juan Guaidó as the country's president.

  • September 22, 2020

    Spain Fights To Enforce $1B Judgment On Oil Tanker Insurers

    The insurers of an oil tanker that caused one of Spain's worst environmental disasters "submitted" to the jurisdictions of the Spanish courts, lawyers for the country have argued, as the nation fights to have an €855 million ($1.1 billion) judgment recognized in England.

  • September 21, 2020

    Justice Ginsburg: Who She Was, How She Shaped The Law

    Justice Ruth Bader Ginsburg died on Friday at age 87. Here, Law360 looks at the feminist icon's legacy and the battle brewing over her seat.

  • September 21, 2020

    Dutch Court Freezes Funds Amid Angolan Billionaire Probe

    A Dutch court has frozen assets held by a company associated with Isabel dos Santos amid accusations that the Angolan billionaire and daughter of the country's former president embezzled and laundered state funds, dealing a win to the Angolan national oil company Sonangol.

  • September 21, 2020

    Law360's The Term: The Life And Legacy Of Justice Ginsburg

    Justice Ruth Bader Ginsburg is among the few on the U.S. Supreme Court to have etched her name into legal history long before donning a robe. In a special episode this week, Law360's The Term dives into her legacy as a pioneering women's rights advocate with two guests who worked by her side. 

  • September 21, 2020

    Russian IT Provider Gets Doc Bid Nixed In Delaware

    A Delaware federal judge has denied a bid by a Russian IT provider to gather information from the U.S.-based private equity manager OEP Capital for use in a pair of London-seated arbitrations with $65 million in damages at stake, ruling that the proceedings don't qualify under the statute.

  • September 21, 2020

    Budding Textualist Star Barbara Lagoa Eyed For High Court

    Known as a budding superstar in Florida conservative legal circles, committed textualist Judge Barbara Lagoa could continue her lightning-quick ascent through the appellate ranks if President Donald Trump taps her for the now-vacant U.S. Supreme Court seat, where she would become the first Cuban-American, and first Floridian, to sit on the high court.

  • September 21, 2020

    McConnell Defends Election-Year Plan To Replace Ginsburg

    The Senate majority leader on Monday defended his plan to replace Justice Ruth Bader Ginsburg this year, while the House speaker said the late jurist will become the first woman to lie in state at the Capitol.

  • September 21, 2020

    Angola Says Energy Co. Must Arbitrate $1.1B Forgery Suit

    An Angolan energy company's accusations that the country relied on forged documents to cancel a $1.1 billion partnership and seize four energy turbines belong in arbitration, the Angolan government told a New York federal court.

  • September 21, 2020

    Trump Restores Iran Sanctions Lifted Under Nuclear Deal

    The U.S. unilaterally reinstated sanctions Monday that were previously lifted under a 2015 nuclear deal with Iran, setting up a clash with other countries, as well as hitting Iran with new sanctions targeting its nuclear and arms industries.

Expert Analysis

  • A Likely Tipping Point For Nonlawyer Ownership Of Law Firms

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    The Arizona Supreme Court's recent decision to eliminate prohibitions on nonlawyer ownership of law firms may show that the organized bar's long-standing rhetoric that such rules are essential to protecting the legal profession's core values is overblown, say Anthony Sebok at Cardozo School of Law and Bradley Wendel at Cornell Law School.

  • A Road Map For Drafting Persuasive Discovery Motions

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    Best practices that can help litigators write convincing discovery motions include thinking about the audience, addressing a few key questions, and leaving out boilerplate from supporting briefs, says Tom Connally at Hogan Lovells.

  • How Congress Can Depoliticize The Supreme Court

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    Congress has multiple means to take the politics out of federal judicial nominations and restore the independence of the U.S. Supreme Court — three of which can be implemented without a constitutional amendment, says Franklin Amanat at DiCello Levitt.

  • Opinion

    The Case For A Nonpolitical Federal Judiciary

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    For the last 20 years, at the insistence of both parties, U.S. Supreme Court nominations have been fierce ideological battles — which is bad for the country and bad for the public's perception of the legitimacy of the court, say Judge Eric Moyé, Judge Craig Smith and Winston & Strawn partner Tom Melsheimer.

  • The Keys To A Better Privilege Logging Paradigm

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    Current privilege logging practices to identify what information is being withheld from discovery often lead to costly disputes, so practitioners should adopt a system based on trust and good faith, similar to the presumptions embedded in the business judgment rule for corporate directors and officers, say Kevin Brady at Volkswagen and Charles Ragan and Ted Hiser at Redgrave.

  • White House Due Process Memo Could Reform Enforcement

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    A little-noticed memo recently issued by the Trump administration in response to the pandemic, directing federal agencies to provide greater due process to individuals and companies under regulatory investigation, represents a long-overdue sea change in the way justice is carried out in enforcement proceedings, say Joan Meyer and Norman Bloch at Thompson Hine.

  • Law Firm Hiring Considerations In A COVID-19 Economy

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    Financially robust law firms are entering the recruiting market aggressively knowing that dislocations like the COVID-19 crisis present rare competitive opportunities, and firms that remain on the sidelines when it comes to strategic hiring will be especially vulnerable to having their best talent poached, says Brian Burlant at Major Lindsey.

  • Opinion

    Lawyers Must Act To Preserve Democracy This Election

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    COVID-19 concerns and glaring gaps in registration threaten to dampen voter turnout in the 2020 election, so attorneys should take on the problem by leveraging their knowledge and resources in seven ways, says Laura Brill at Kendall Brill.

  • How To Effectively Defend Witnesses In Remote Depositions

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    When a witness is isolated from the defending lawyer during a remote deposition, carefully planning the logistics and building witness confidence are critical to avoiding damaging admissions, say Jessica Staiger at Archer Daniels and Alec Solotorovsky at Eimer Stahl.

  • Whether And How To Compel Remote Arbitration

    Excerpt from Practical Guidance
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    As the pandemic delays in-person arbitration hearings, mediator and arbitrator Theodore Cheng provides arbitrators with a checklist to examine the rationale and authority for compelling parties to participate in remote hearings.

  • The Unique Challenges Of Protecting A Law Firm Brand

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    Recent law firm trademark disputes highlight how the tension between legal ethics rules and trademark law can make it difficult for firms to select brands that are distinctive and entitled to protection, say Kimberly Maynard and Tyler Maulsby at Frankfurt Kurnit.

  • What To Know When Making Dispositive Motions In Arbitration

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    As practitioners increasingly turn to dispositive motion practice within arbitration, they should be aware of the underlying authority for these motions and consider practical guidance for their use, says arbitrator and mediator Janice Sperow.

  • 4 Ways Amicus Briefs Can Support An Overall Legal Strategy

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    The strategic use of amicus briefs can help an appellate court think about a case in a new way and lift an organization's own cause or reputation for legal thought, say Mark Chopko and Karl Myers at Stradley Ronon.

  • Deciding Whether Co-Mediation Is Right For Your Case

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    Not every case requires more than one mediator, but engaging two mediators with different perspectives or expertise can significantly enhance the settlement process in certain disputes — and parties can choose from several co-mediation approaches, say Gail Andler and Cassandra Franklin at JAMS.

  • LCIA's 2020 Rules Play Catch-Up With Venue Rivals

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    The London Court of International Arbitration's 2020 rules governing its processes and procedures include welcome improvements in the technological space, but may merely mimic what is already happening in tribunals across the globe, says Shantanu Majumdar at Radcliffe Chambers.

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