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International Arbitration
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November 18, 2024
Former GE Exec Guilty Of Faking Docs In $1.1B Power Deal
A Manhattan federal jury on Monday convicted a former GE Power executive of using forged documents, then taking a $5 million kickback, in what federal prosecutors called a corrupt effort to close a $1.1 billion energy deal in Angola.
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November 15, 2024
3rd Circ. Won't Rehear Moroccan Hotel Fight Over $60M Award
The Third Circuit has declined to rethink its decision reviving a dispute over the enforcement of a $60 million arbitral award favoring the current owner of a luxury hotel in Casablanca, despite an investment group's claims that the ruling is unprecedented and disregards well-established Delaware law.
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November 15, 2024
Ariz. Judge Will Decide Proper Venue For CVS Antitrust Suit
A federal judge concluded Thursday that he must decide whether a proposed class action accusing CVS of exploiting a Medicare loophole to charge independent pharmacies exorbitant fees belongs in arbitration, after scolding CVS's attorneys for failing to adequately develop their arguments defending an underlying delegation clause.
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November 15, 2024
Another Paul Hastings Int'l Arbitration Atty Joins Linklaters
Linklaters has added a senior counsel in Washington, D.C., who joins the firm's international arbitration practice from Paul Hastings LLP, weeks after that firm's international arbitration practice co-chair made a similar jump.
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November 14, 2024
Chinese Amazon Sellers Say Firm Botched Settlement Talks
A group of Chinese electronics sellers have slapped a small New York law firm with a $6.4 million malpractice lawsuit, saying the firm torpedoed a potential settlement with Amazon after the online behemoth deactivated their seller accounts and withheld millions of dollars of their profits.
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November 14, 2024
DC Circ. Says Zimbabwe Must Pay $440M In Land Dispute
The D.C. Circuit has affirmed the enforcement of approximately $440 million of arbitral awards against Zimbabwe that were issued to a Swiss-German family and two forestry and sawmill companies, agreeing with a lower court that the country waived its sovereign immunity in the land dispute.
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November 14, 2024
DLA Piper Int'l Arbitration Co-Chair Swaps Paris For NY
DLA Piper said Wednesday that its Paris-based international arbitration practice co-chair is crossing the Atlantic to lead the team from New York, a move he says "will help us build on the very strong base we already have in place there."
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November 14, 2024
Barrister Group Floats New Arbitration Venue With ADR Biz
The Barrister Group has teamed up with an alternative dispute resolution specialist to launch a new U.K. arbitration venue with a tech-driven approach.
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November 13, 2024
Docks Co. Urges 11th Circ. To Rehear Split Cuba Port Ruling
Havana Docks Corp. has urged the Eleventh Circuit to grant a full panel rehearing over the court's split ruling to reverse a $440 million win against several luxury cruise companies for using a Cuba port terminal that was confiscated by the country's government, saying the ruling by a three-judge panel contradicted the law.
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November 13, 2024
Nigeria Asks Justices To Take Up Circuit Split On Sovereigns
Nigeria has urged the U.S. Supreme Court to determine whether the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards mandates judicial enforcement of arbitration awards against sovereign nations for cases that arise solely from their roles as sovereigns.
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November 13, 2024
Live Nation Ruling Chills Modern Arbitration, 9th Circ. Told
The Ninth Circuit's recent decision invalidating Live Nation Entertainment Inc. and Ticketmaster's choice of a digital arbitration startup for consumer antitrust claims has created "massive uncertainty" and undermines innovative approaches for dealing with abusive mass arbitrations, the live event companies argued in a rehearing petition Tuesday.
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November 13, 2024
Indigenous Groups Can Join Colombia's Fight With Glencore
An international tribunal has agreed to allow two Indigenous Wayuu communities to express their views about a massive mining project's water use in an arbitral dispute between commodities giant Glencore International AG and the Republic of Colombia.
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November 13, 2024
PrivatBank Says Ukraine Ruling Doesn't Bar Looting Suit
An attorney for Ukraine's PrivatBank urged a Delaware vice chancellor Wednesday to reject arguments that the bank's multibillion-dollar fraud and unjust enrichment loan claims against two oligarchs and others were undone by an allegedly narrow Ukrainian high court ruling in favor of the borrowers.
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November 13, 2024
Firms Seek To Ax 'Retaliatory' Suit Over Arbitration Demands
Two plaintiffs law firms urged a D.C. federal court to toss a suit from two casino-style gaming websites that accuse the firms of filing meritless arbitrations against them, telling a judge during a hearing Wednesday that the litigation is retaliatory and has no ties to Washington, D.C.
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November 13, 2024
Libya Says Arms Co. Can't Have Property In Arbitration Row
Libya told an appeals court Wednesday that state immunity should stop a British defense conglomerate from getting proceeds from the sale of a London property that once belonged to the family of assassinated Libyan leader Moammar Gadhafi to enforce a £16.1 million ($20.5 million) arbitration award.
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November 12, 2024
Trump Taps Elon Musk To Head New 'Gov't Efficiency' Dept.
President-elect Donald Trump announced Tuesday that billionaire Elon Musk and former presidential candidate Vivek Ramaswamy will lead a newly created "Department in Government Efficiency" for his administration come January.
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November 12, 2024
Shuttered NHL Talent Rep Appeals Asset Freeze To 1st Circ.
The owner of a now-defunct talent agency that represented professional hockey players is asking the First Circuit to overturn a ruling that froze his assets while a suit from a rival Finland-based management company proceeds in Massachusetts federal court.
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November 12, 2024
Huawei Urges Judge To Toss US IP Theft, Fraud Charges
China's Huawei Technologies and its affiliates have asked a Brooklyn federal judge to dismiss the majority of a criminal indictment, slamming allegations that it tried to steal intellectual property from U.S. rivals and deceived banks and the U.S. government about its business dealings with sanctioned countries.
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November 12, 2024
Spa Worker's Claim Against Cruise Line Heads To Arbitration
A Florida federal judge on Tuesday punted on deciding if Norwegian Cruise Line could push claims brought by a ship worker into Bahamian arbitration despite not actually being a signatory of that contract, opting to allow the parties to take the dispute into mediation.
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November 12, 2024
Peru Agrees To Pay Hedge Fund $40M To Settle Bond Dispute
A D.C. federal judge held Tuesday that the Republic of Peru must pay Gramercy Funds Management LLC $40 million, following the parties' joint motion last week saying they have settled their dispute over enforcement of a $100 million arbitral award.
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November 12, 2024
Valve Can't Speak Directly With Gamers In Antitrust Row
A Washington federal judge has rejected a bid by Valve Corp. to directly contact 624 game buyers named in its suit seeking to block them from further arbitrating antitrust claims, saying the video game seller hasn't pointed to "exceptional circumstances" warranting the clearance to reach out to the defendants outside the presence of legal counsel.
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November 12, 2024
MVP: Holland & Knight's Antonia Tzinova
Antonia Tzinova of Holland & Knight LLP successfully challenged U.S. Customs and Border Protection's refusal to share certain evidence used in a tariff evasion determination — spurring the agency to implement a new transparent Administrative Protective Order system, and earning Tzinova a spot among the 2024 Law360 International Trade MVPs.
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November 10, 2024
Esports Tees Up New Field Of Opportunities For Lawyers
The growing popularity of esports offers a significant opportunity for law firms looking to make the most of their dispute resolution teams, with the partnership between video game developer Riot Games and a German law firm to set up an arbitration court for the high-profile video game competitions underscoring the potential for the legal sector.
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November 08, 2024
Crypto Co. Seeks Freeze Of $4M In Contract Fight
A group of companies known within the cryptocurrency industry as the Bixin Group has filed for an emergency motion to freeze a bank account of Alopex Advisors LLC holding a $4 million security deposit as it pursues arbitration in Hong Kong against Alopex over an agreement to help Bixin navigate the Icelandic property and energy markets.
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November 08, 2024
Payments Co. Never Returned $1.5M, Tribal Authority Claims
An Oklahoma tribal financial services authority has sued two owners of a payment processor, alleging that they defrauded the authority out of $1.5 million by confiscating funds purportedly held in reserve before the termination of their relationship.
Expert Analysis
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Empathy In Mediation Offers A Soft Landing For Disputes
Experiencing a crash-landing on a recent flight underscored to me how much difference empathy makes in times of crisis or stress, including during mediation, says Eydith Kaufman at Alternative Resolution Centers.
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Series
Being An Artist Makes Me A Better Lawyer
My work as an artist has highlighted how using creativity and precision together — qualities that are equally essential in both art and law — not only improves outcomes, but also leads to more innovative and thoughtful work, says Sarah La Pearl at Segal McCambridge.
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Inside The Premier League's Financial Regulation Dilemma
The Premier League's arbitration award in its dispute with Manchester City Football Club has raised significant financial governance concerns in English football, and a resolution may set a precedent in regulatory development, say consultants at Secretariat.
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How Judiciary Can Minimize AI Risks In Secondary Sources
Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.
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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.