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International Arbitration
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January 23, 2025
NY Federal Judge Urged To OK $149M Grain Exporter Award
Corporate trustee services provider Madison Pacific Trust Ltd. asked a Manhattan federal judge to confirm a $149 million arbitration award that it won from the founders of a Ukrainian grain exporting conglomerate that allegedly failed to pay its debt.
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January 23, 2025
Venezuela Loses Challenge To $8.5B ConocoPhillips Award
An ad hoc committee on Wednesday declined to annul an arbitral award now worth more than $8.5 billion issued to ConocoPhillips in a 17-year-old dispute initiated after Venezuela nationalized three of the oil giant's projects, completely rejecting the country's challenge in a sweeping 356-page decision.
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January 23, 2025
Saudi Prince Ducks Bankruptcy Over $1.2B Arbitration Award
A Saudi prince has won his bid to dodge a bankruptcy petition over an $1.2 billion arbitration debt from a Kuwaiti telecommunications business, as a London judge ruled on Thursday that the company cannot serve it on the royal in the U.K.
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January 22, 2025
Reed Smith Rips Claim Firm Is 'Causing Chaos' In $102M Suit
Reed Smith fought back Tuesday against allegations by the purported new owners of Eletson Holdings that the BigLaw firm is "causing chaos" by refusing to withdraw as counsel of record in $102 million breach-of-contract litigation, arguing that ownership of the international shipping group is "hotly contested" and being litigated in multiple jurisdictions.
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January 22, 2025
Former Pioneer CEO Sues FTC Over Exxon Board Block
The former CEO of Pioneer Natural Resources, Scott Sheffield, accused the Federal Trade Commission of violating his constitutional rights by barring him from serving on Exxon Mobil Corp.'s board when the agency cleared a $60 billion merger between Exxon and Pioneer.
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January 22, 2025
$1.3B India Telecom Award Can't Be Enforced, Justices Told
A commercial division of India's space agency is urging the U.S. Supreme Court to affirm a Ninth Circuit ruling refusing to enforce a $1.3 billion arbitral award issued to an Indian satellite communications company, arguing that the circuit court's determination of technical jurisdictional issues was correct.
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January 22, 2025
Tyson Foods' Insurer Can Sue Over Fire Payout In England
Tyson Foods' captive insurer can pursue litigation against a reinsurer in England for payouts following a fire at one of the food giant's Alabama plants, after a London court found the companies had chosen the English jurisdiction to take priority over arbitration in New York.
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January 22, 2025
US, Vietnam Reach Deal To Settle Lengthy Fish Duty Dispute
The U.S. and Vietnam have settled a dispute over American duties on Vietnam's frozen fish fillets that languished at the World Trade Organization for seven years, according to a WTO document circulated Tuesday.
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January 22, 2025
Dentons Adds International Arbitration Pro As Partner In NYC
Dentons has boosted its international arbitration capabilities with the addition of a partner in New York who brings more than three decades of experience in cross-border disputes to the global firm.
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January 21, 2025
Miner Wins Challenge Of Ghana's Arbitrator In $277M Claim
An Australian mining company said Tuesday it has successfully challenged the Republic of Ghana's choice of arbitrator in its $277 million breach of contract claim before an ad hoc arbitral tribunal seated in the West African country's capital city of Accra.
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January 21, 2025
La. Judge Lifts Arbitration Order In $7M Ida Damage Case
A Louisiana federal judge lifted a stay and vacated an order to arbitrate a $7 million Hurricane Ida damage claim against domestic surplus insurers, ruling that a recent decision from Louisiana's top court represents an "'intervening change in the controlling law.'"
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January 21, 2025
Trump Moratorium Is An Ill Wind For Project Development
President Donald Trump's sweeping directive to halt federal reviews and permitting of wind farms creates fresh uncertainty over whether many projects slated to be built can secure necessary approval and financing.
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January 21, 2025
Payment Co. Says Okla. Tribe Lacks Jurisdiction In Fraud Suit
Two owners of a payment processor have asked an Oklahoma federal judge to toss a Native American tribal entity's lawsuit claiming they defrauded it out of $1.5 million, arguing that it isn't a citizen for the purposes of diversity jurisdiction under Tenth Circuit precedent.
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January 28, 2025
Fountain Court Gains Arbitration Pro As Door Tenant
Fountain Court Chambers has boosted its profile in the international arbitration arena by gaining the former director general of the London Court of International Arbitration as a door tenant.
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January 21, 2025
FTC Gives Nod To Chevron's $53B Hess Buy, With Conditions
The Federal Trade Commission has formally approved a consent order resolving antitrust concerns over Chevron Corp.'s planned $53 billion acquisition of Hess Corp., one that bars CEO John Hess from joining the combined company's board.
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January 21, 2025
Justices Nix E-Commerce Co.'s 'Minimum Contacts' Suit
The U.S. Supreme Court declined on Tuesday to review a petition asking it to resolve whether an e-commerce seller's "virtual presence" in a state is enough to satisfy a jurisdictional test requiring "minimum contacts" with that state.
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January 17, 2025
Law360 Names Practice Groups Of The Year
Law360 would like to congratulate the winners of its Practice Groups of the Year awards for 2024, which honor the attorney teams behind litigation wins and significant transaction work that resonated throughout the legal industry this past year.
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January 17, 2025
Law360 Names Firms Of The Year
Eight law firms have earned spots as Law360's Firms of the Year, with 54 Practice Group of the Year awards among them, steering some of the largest deals of 2024 and securing high-profile litigation wins, including at the U.S. Supreme Court.
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January 17, 2025
DOJ Wants No Jail Time For Cross-Border Monopoly Member
The U.S. Department of Justice has told a Texas federal judge that a woman who pled guilty to conspiring to monopolize cross-border sales of used vehicles should be sentenced to up to 14 months of home detention.
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January 17, 2025
Contractor Asks Justices To Ax Iraqi Immunity In $120M Suit
A Pennsylvania defense contractor is urging the U.S. Supreme Court to unravel a D.C. Circuit decision to throw out a $120 million judgment against Iraq, arguing that review is needed to ensure a uniform interpretation of the Foreign Sovereign Immunities Act.
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January 17, 2025
Venezuela Says $2B In Bonds Can't Be Enforced
More than five years into litigation aimed at enforcing nearly $2 billion in defaulted bonds against Venezuela's state-owned oil company, the country is urging a New York federal judge to nix the case on the grounds that the bonds are illegal under its domestic law.
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January 16, 2025
US Could Soon Find Itself On Wrong End Of Energy Disputes
America's energy landscape has been marked in recent years by the Biden administration's enthusiastic support of renewable energy projects, but international disputes experts are predicting that the incoming Trump administration's promise to derail such projects could land the U.S. in legal hot water.
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January 16, 2025
Colombia Says US Co. Has No Rights To Famous Shipwreck
Colombia is defending itself from Sea Search-Armada LLC's $10 billion claim in a decades-old dispute over a massive cache of gold, silver and emeralds from an early 18th-century shipwreck off its coastline, telling an international tribunal the claimant "has no rights whatsoever" to the sunken treasure.
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January 16, 2025
DC Circ. Mulls 'Colorability' In India's Test Of $156M Award
A D.C. Circuit panel wrestled Thursday with what constitutes a "colorable" assertion of sovereign immunity in arbitration enforcement proceedings as India seeks to undo a $155.8 million judgment against it stemming from an arbitration over a soured satellite licensing deal.
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January 16, 2025
US, Colombia Agree To Strengthen Investor-State Defenses
The Office of the U.S. Trade Representative said Thursday it has reached an agreement with Colombia aimed at strengthening the two countries' defenses against investor-state claims in an underlying trade pact, one of the last actions of the outgoing Biden administration following years of requests by Democratic lawmakers.
Expert Analysis
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How Attorneys Can Break Free From Career Enmeshment
Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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Inspecting The New Int'l Arbitration Site Visits Protocol
The International Bar Association's recently published model protocol for site visits is helpful in offering a standardized, sensible approach to a range of typical issues that arise in the course of scheduling site visits in construction, engineering or other types of disputes, say attorneys at V&E.
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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Webuild Ruling Complicates Arb. Award Enforcement In US
A Delaware federal court's recent decision in Sociedad Concesionaria Metropolitana de Salud v. Webuild, if read literally, could undercut the United States' image as a proarbitration jurisdiction by complicating creditors' efforts to enforce awards against property in this country, says Jeff Newton at Omni Bridgeway.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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5 Takeaways From UK Justices' Arbitration Jurisdiction Ruling
The U.K. Supreme Court's recent judgment in UniCredit Bank v. RusChemAlliance, upholding an injunction against a lawsuit that attempted to shift arbitration away from a contractually designated venue, provides helpful guidance on when such injunctions may be available, say attorneys at Fladgate.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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How To Avoid Risking Arbitration Award Confidentiality In NY
Though a Second Circuit decision last year seemed to create a confidentiality safe harbor for arbitration awards that had no ongoing compliance issues, a recent New York federal court ruling offers further guidance on the meaning of "ongoing compliance issues," says Matthew Iverson at Nelson Mullins.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.