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International Arbitration
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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.
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January 16, 2025
FIFA Rules Must Be Open To Court Review, ECJ Adviser Says
Sport arbitration awards must be open to "full review" by national courts to ensure that FIFA rules comply with European Union law, an adviser to the bloc's Court of Justice said Thursday, before a Belgian football club's challenge over the sale of players' economic rights.
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January 15, 2025
Sterlington Lands DC Int'l Arbitration Atty From A&O Shearman
Sterlington PLLC said Wednesday that it has hired an international arbitration attorney who has represented clients in some of the largest commercial disputes heard before tribunals over the last decade as its sixth major lateral hire in the past five months.
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January 15, 2025
Jackson Lewis Grows In Atlanta With E-Commerce Biz Atty
Jackson Lewis PC has gained a new principal in Atlanta who formerly worked in-house for e-commerce company StockX and previously practiced with Ogletree Deakins Nash Smoak & Stewart PC.
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January 15, 2025
Russia Appeals For State Immunity In $60B Yukos Case
Russia sought Wednesday to block former Yukos Oil investors from enforcing an almost $60 billion arbitration award, telling a London appeals court that English courts must consider its claim to state immunity afresh.
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January 14, 2025
'Not Afraid Of Question Presented,' Atty Tells Irked Justices
As the U.S. Supreme Court on Tuesday analyzed judicial powers to reopen dismissed cases, a Halliburton attorney sought to steer oral arguments toward questions the high court hadn't agreed to address, testing some justices' patience and eventually prompting the attorney to insist he wasn't "afraid of the question presented."
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January 14, 2025
London Judge Affirms Wind Energy's Non-Liability Award
A London judge on Tuesday refused to set aside an arbitral award finding that Thai renewable energy company Wind Energy Holding was not responsible for paying defense costs incurred by former board members in litigation that ended with a $1 billion judgment against them.
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January 14, 2025
NY Appeals Court OKs Arbitration Stay In $60M Hotel Fight
A New York appeals court has affirmed a lower court order pausing an arbitration initiated by a hotel co-owner in a $60 million dispute with another co-owner over the purported mismanagement of eight hotels nationwide.
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January 13, 2025
Spain Denied Stay In €28.2M Intra-EU Energy Award Fight
A D.C. federal judge has refused to pause a renewable energy investor's arbitral award lawsuit against Spain as the country seeks U.S. Supreme Court review of an appellate decision that greenlighted enforcement of intra-European Union investor-state awards in U.S. federal courts.
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January 13, 2025
Fla. Court OKs $6B Settlement Data Release In 3M's UK Case
A Florida federal court has authorized the release of certain information related to 3M's $6 billion multidistrict litigation settlement ending claims over allegedly faulty combat earplugs to a London arbitral tribunal, which was convened to determine if insurer AIG Europe Ltd. is refusing to pay its share of the deal.
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January 13, 2025
Carnival Waived Arbitration By Rejecting Fee, Ex-Worker Says
A former Carnival ship worker who was injured on the job argued Sunday that Carnival has waived its right to force him into arbitration by refusing to pay the worker's share of the filing fee after he initiated arbitration.
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January 13, 2025
Colombian Refinery Co. Gets $1B McDermott Award OK'd
Colombia's state-owned oil company on Friday won enforcement of a $1 billion arbitral award issued against Dutch and British units of Texas-based construction firm McDermott International following a dispute over a refinery modernization project.
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January 13, 2025
Justices Mull Petition Over FSIA Terrorism Exception
The U.S. Supreme Court said Monday it wanted the U.S.'s perspective as it considers a case relating to whether the Foreign Sovereign Immunities Act's terrorism exception extends jurisdiction to claims arising from a terrorist attack that seriously injures but does not kill its intended victims.
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January 10, 2025
Up Next At High Court: Porn ID Check & Retiree Discrimination
The U.S. Supreme Court will return to the bench Monday for a full argument session, in which the justices will debate whether a Texas law requiring pornography websites to verify their visitors aren't minors violates the First Amendment and if retirees have the right to sue former employers for benefits discrimination.
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January 10, 2025
Plex Says Subscriber's Privacy Lawsuit Must Be Arbitrated
Streaming platform Plex is urging a California federal court to nix a proposed data privacy class action, accusing the plaintiffs of using the litigation as a tactic to "coerce" it into settling more than 400 pending arbitrations.
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January 10, 2025
Webuild Says $54M Argentina Award Must Be Enforced
Webuild wants a D.C. federal court to enforce a more than $54 million arbitral award it won more than a decade ago in a dispute with Argentina over a water and sewage service concession, saying the court has already rejected the country's one available defense.
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January 10, 2025
US Hits Russia With Extensive Energy-Related Sanctions
The Biden administration on Friday announced an extensive round of new sanctions, including blocking two major Russian oil producers, with the goal of reducing Russian revenues from energy in the midst of its war on Ukraine, a move that comes as the U.S. has been amping up sanctions on its foreign rival.
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January 17, 2025
Fieldfisher Hires Disputes Pro From DWF In Birmingham
Fieldfisher LLP has hired a new dispute resolution partner to its Birmingham office from DWF LLP, with the new arrival saying Friday that he is keen to work on high-value matters that are "unheard of" at other firms in central England.
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January 09, 2025
Vape Laptop Hacking Suit Belongs In Court, Co. Says
A vape-maker has urged a California federal court to deny a bid by the founder of vape distributor Next Level to arbitrate the manufacturer's claims that he broke into a laptop to access its confidential information, saying he's not a signatory to an underlying arbitration agreement.
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January 09, 2025
Fla. Condos Tied To Sanctioned Russians Transferred To Feds
The U.S. government has taken ownership of two Florida luxury condominiums allegedly tied to Russians sanctioned for their roles in the annexation of the Ukrainian region of Crimea in 2014 and for their involvement in the properties being used to launder rental proceeds.
Expert Analysis
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Unpacking Jurisdiction Issues In 3rd Circ. Arbitration Ruling
The Third Circuit's recent ruling in George v. Rushmore Service Center could be interpreted to establish three principles regarding district courts' jurisdiction to enter arbitration-related orders under the Federal Arbitration Act, two of which may lead to confusion, says David Cinotti at Pashman Stein.
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Why Attorneys Should Consider Community Leadership Roles
Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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UK Mandatory ADR Push Renews Mediation Standards Focus
In the wake of a Court of Appeal decision last year allowing courts to mandate alternative dispute resolution, the push toward mandatory ADR has continued with the aim of streamlining dispute resolution and reducing costs, say Ned Beale and Edward Nyman at Hausfeld.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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Comparing 5 Administrators' Mass Arbitration Procedures
Attorneys at DLA Piper compare the rules for mass arbitrations at five different arbitration providers — Judicial Arbitration and Mediation Services, American Arbitration Association, National Arbitration and Mediation, FedArb and New Era ADR — including their triggers, claim screening procedures, how and when they assess fees, and more.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.
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DC Circ. Int'l Arb. Ruling Leaves Award Holders In Legal Limbo
In NextEra v. Spain, the D.C. Circuit recently ruled that district courts could enforce arbitral awards in energy investors' decadelong dispute with Spain, suggesting award holders could succeed in U.S. courts, but also that foreign sovereigns could render any such victories economically meaningless, says Jeff Newton at Omni Bridgeway.
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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Insuring Lender's Baseball Bet Leads To Major League Dispute
In RockFence v. Lloyd's, a California federal court seeks to define who qualifies as a professional baseball player for purposes of an insurance coverage payout, providing an illuminating case study of potential legal issues arising from baseball service loans, say Marshall Gilinsky and Seán McCabe at Anderson Kill.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.