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International Arbitration
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November 04, 2024
Cassidy Levy Kent Adds Brussels Office In EU Expansion
International trade firm Cassidy Levy Kent has expanded into Europe with a new office in Brussels and a cohort of attorneys specializing in customs, supply chains and the World Trade Organization.
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November 04, 2024
La. City Seeks To Ax Arbitration Order In Storm Coverage Suit
A New Orleans suburb urged a Louisiana federal court to vacate its order forcing the city to arbitrate its claims against a group of domestic insurers over Hurricane Ida damage in light of a recent Louisiana Supreme Court decision nixing arbitration as an option.
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November 04, 2024
Pornhub Ignored Arbitration In Data Privacy Case, Judge Told
Pornhub's parent company forfeited the right to litigate data privacy claims outside of court when it ignored American Arbitration Association proceedings for six months, counsel for a putative class of adult entertainment viewers told a California federal judge Monday.
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November 04, 2024
MVP: Arnold & Porter's Álvaro Nistal
Arnold & Porter Kaye Scholer LLP's Álvaro Nistal played a key role in helping Peru dodge a more than $154 million arbitration claim filed by a Miami-based gold trader over the alleged wrongful seizure of its gold shipments, earning him a spot among the 2024 Law360 International Arbitration MVPs.
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November 04, 2024
Justices Nix Ex-Adviser's Manifest Disregard Challenge
The U.S. Supreme Court on Monday turned away a petition asking it to resolve whether the Eleventh Circuit wrongly nixed an ex-Morgan Stanley financial adviser's bid to vacate an arbitral award favoring his former employer on the grounds that the panel manifestly disregarded the law.
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November 01, 2024
4th Circ. Raises Arbitral Finality In Kuwaiti Contractor Case
A Fourth Circuit panel appeared unlikely on Friday to disturb a ruling enforcing an approximately $8 million arbitral award against a Kuwaiti construction company based on an argument that the lower court wrongly interpreted a statutory deadline.
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November 01, 2024
Unisys Settles Trade Secrets Dispute with Ex-Execs
Information technology firm Unisys Corp. has agreed to settle claims that two former executives swiped confidential information and trade secrets before departing to work for a competitor.
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November 01, 2024
Dentons, Boies Schiller Want Out Of 'Absurd' $300M RICO Suit
Dentons and Boies Schiller Flexner LLP have asked a Manhattan federal court to toss a $300 million racketeering lawsuit brought against them by a former client and his companies following what they called a botched power plant contract in Senegal, with Dentons further requesting Rule 11 sanctions against the plaintiffs and their counsel for bringing "frivolous" claims.
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November 01, 2024
DWF Taps Arbitrator As Partner Amid Rising African Disputes
DWF has hired the former head of an international arbitration boutique with experience in the Middle East and Africa as its newest partner in London.
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October 31, 2024
Ex-Goldman Exec Says 1MDB Judge Thwarted His Defense
Former Goldman Sachs executive Roger Ng on Thursday told the Second Circuit that his trial defense over the massive $6.5 billion 1MDB scheme was marred by the wrongful exclusion of video evidence that supported his claim that $35 million he received in alleged kickbacks was actually investment proceeds.
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October 31, 2024
Ex-Citadel Reps Can't Escape Trade Secrets Suit
A New York federal judge has greenlighted most claims in Citadel Securities' lawsuit accusing a Swiss cryptocurrency trading firm founded by two of its former employees of stealing its trade secrets, while tossing those asserted against the firm's French angel investor for lack of jurisdiction.
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October 31, 2024
$268K Fee Challenge Nixed In 9th Circ. Chevron Award Suit
The Ninth Circuit on Wednesday refused to reconsider its order slapping a six-figure fine against a Seattle attorney for fabricating a news article to bolster his clients' efforts to enforce an allegedly fraudulent $18 billion arbitral award against Chevron, effectively ending the long-running saga for now.
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October 31, 2024
The 2024 Law360 Pulse Leaderboard
Check out the Law360 Pulse Leaderboard to see which firms made the list of leaders in all-around excellence this year.
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October 31, 2024
Firms' Hiring Strategies Are Evolving In Fight For Top Spot
Competition for top talent among elite law firms shows no signs of slowing down, even amid economic uncertainty, with financially strong firms deploying aggressive strategies to attract and retain skilled professionals to solidify their market position.
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October 31, 2024
Mayer Brown Adds German Litigation Pro From Freshfields
Mayer Brown LLP has hired a litigation and arbitration expert as a partner in its office in Düsseldorf, Germany, as the firm moves to bolster its cross-border contentious matters and commercial disputes practice.
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October 30, 2024
DC Firms Say They Must Be Allowed To Exit $120M Iraq Row
Two boutique firms are fighting a construction company's effort to make them stay on as counsel to Iraq in a D.C. federal court case related to a nearly $120 million arbitral award, saying Wednesday the country has stopped paying fees.
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October 30, 2024
Binance Can't Force Canadian Class Action Into Arbitration
A Canadian appeals court has affirmed that cryptocurrency exchange Binance cannot force a proposed class action accusing it of illegally trading and distributing securities into arbitration in Hong Kong, saying a lower court judge correctly found the arbitration clause to be unenforceable.
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October 30, 2024
Insurers Say EU Court Misunderstood €855M Oil Spill Case
Marine insurers argued at a London appellate court Wednesday that a European decision blocking them from using arbitration to stop the enforcement of a €855 million ($928.5 million) Spanish judgment over a huge oil spill off the coasts of Spain and France was partly based on a factual misunderstanding.
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October 30, 2024
Quinn Emanuel To Pay Some Costs Over Report Source ID
Quinn Emanuel must pay some of its costs for not revealing to Oleg Deripaska the source of a report that was used in proceedings between the industrialist and a former business partner, as a judge said Wednesday that the firm had failed to ensure the document was not a forgery.
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October 29, 2024
ByteDance's Sanctions Bid Against Ex-Worker Delays Trial
A California federal judge delayed a trial in a wrongful termination lawsuit filed by an engineer formerly at TikTok's parent company ByteDance, directing the parties on Tuesday to instead submit briefing on the defendants' motion to terminate the case as a sanction for the plaintiff's alleged destruction of evidence and perjury.
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October 29, 2024
US Finalizes Investment Ban On Chinese Emerging Tech
The Biden administration finalized plans to ban U.S. investors from funding emerging Chinese technology, saying the restrictions are necessary to prevent Beijing from advancing technologies critical to its military modernization campaign.
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October 29, 2024
La. High Court Says No Arbitration In Insurance Policies
Louisiana's top court has concluded that state law bars domestic insurers from looking to force a dispute with a policyholder into arbitration based on a clause contained in a foreign insurer's policy, ruling in an opinion that criticizes the Fifth Circuit's opposing stance on the issue.
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October 29, 2024
Russia To Fight Seizure Of Assets In $5B Ukraine Oil Row
The Russian Federation is looking to challenge a recent seizure of its state-owned assets in Finland following a successful bid from NJSC Naftogaz of Ukraine, which aims to enforce a $5 billion arbitration award related to the 2014 expropriation of its Crimean assets.
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October 29, 2024
Patent Partner Moves From King & Spalding To Steptoe
A former King & Spalding LLP partner has made the jump to Steptoe LLP, filling out the firm's team of California-based litigators who take on patent cases.
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October 29, 2024
Spain Resumes Bid To Enforce €855M Award On Insurers
Spain told an appeals court Tuesday that arbitration proceedings cannot block it from enforcing an €855 million ($925 million) Spanish judgment against marine insurers over a huge oil spill off the coasts of Spain and France.
Expert Analysis
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.
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What Law Firms Should Know Amid Rise In DQ Motions
As disqualification motions proliferate, law firms need to be aware of the types of conflicts that most often lead to disqualification, the types of attorneys who may be affected and how to reduce their exposure to these motions, says Matthew Henderson at Hinshaw.
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A Look At Notable Trends From Hong Kong Arbitration Report
Last month, the Hong Kong International Arbitration Centre released its annual statistics for 2023, which underscore Hong Kong's continued importance as an international arbitration hub, especially for mainland China-related disputes, and highlight noteworthy trends such as increasing arbitral appointment diversity and the adoption of outcome-related fee structures, say attorneys at MoFo.
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Sorting Circuit Split On Foreign Arbitration Treaty's Authority
A circuit court split over whether the New York Convention supersedes state law barring arbitration in certain disputes — a frequent issue in insurance matters — has left lower courts to rely on conflicting decisions, but the doctrine of self-executing treaties makes it clear that the convention overrules state law, says Gary Shaw at Pillsbury.
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Series
Whitewater Kayaking Makes Me A Better Lawyer
Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.
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This Earth Day, Consider How Your Firm Can Go Greener
As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.
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Clarifying Legal Elements To Support A Genocide Claim At ICJ
Reporting on South Africa’s dispute against Israel in the International Court of Justice largely fails to clearly articulate what a case for genocide alleged in the context of war requires — a technical analysis that will evaluate several key factors, from the scale of the devastation to statements by officials, say Solomon Shinerock and Alex Bedrosyan at Lewis Baach.
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Practicing Law With Parkinson's Disease
This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.
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EU Ruling Exposes Sovereignty Fissures In Int'l Arbitration
The European Court of Justice's recent ruling that the U.K. had breached EU law by allowing an arbitral award to proceed underscores the diminished influence of EU jurisprudence in the U.K., hinting at the EU courts' increasingly nominal sway in international arbitration within jurisdictions that prize legal autonomy, says Josep Galvez at 4-5 Gray’s Inn.
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How Updated Int'l Arb Guidelines Clarify Conflicts Of Interest
The International Bar Association's recently updated Guidelines on Conflicts of Interest in International Arbitration encourage arbitrators and counsel to disclose a wider range of situations that could be seen as presenting conflicts — an essential step in harmonizing standards across international and cross-cultural contexts, says Flore Poloni at Signature Litigation.
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Series
Playing Hockey Makes Me A Better Lawyer
Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.
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UK Arbitration Ruling Offers Tips On Quelling Bias Concerns
An English court's recent decision in H1 v. W to remove an arbitrator because of impartiality concerns offers several lessons on mitigating bias, including striking a balance between arbitration experience and knowledge of a particular industry, and highlights the importance of careful arbitrator appointment, says Paul-Raphael Shehadeh at Duane Morris.
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.
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Opinion
Requiring Leave To File Amicus Briefs Is A Bad Idea
A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.
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4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.