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International Arbitration
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December 13, 2024
Devas Gets Help As it Looks To Revive $1.3B Award Fight
An Indian satellite communications company that is asking the U.S. Supreme Court to revive its efforts to enforce a $1.3 billion arbitral award against a state-owned Indian company received a boost on Wednesday as numerous amici, including the Biden administration, backed its position in the litigation.
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December 13, 2024
ByteDance Ex-Coder Perjured Himself In Suit, Judge Finds
A California federal judge imposed terminating sanctions against a former engineer at TikTok's parent company, finding he committed perjury in a suit alleging he was wrongly fired and ordered the dispute to arbitration.
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December 12, 2024
North Koreans Infiltrated US IT Jobs In $88M Scheme, Feds Say
Fourteen North Koreans have been indicted in Missouri federal court on charges related to a long-running scheme to obtain remote information technology jobs at U.S. companies and nonprofit organizations, raking in at least $88 million for the regime, the U.S. Department of Justice announced Thursday.
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December 12, 2024
Russia Must Face $35M Arbitration Award Suit
Russia must face a lawsuit brought by 11 Ukrainian gas companies aiming to enforce a nearly $35 million arbitration award born out of Russia's invasion of Crimea, a D.C. federal judge ruled Thursday.
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December 12, 2024
DOJ Seizes Rydox Cybercrime Site, Charges Administrators
A Pennsylvania federal judge on Thursday unsealed an indictment charging two Kosovo citizens who ran the illicit website Rydox with multiple criminal counts after the U.S. government seized the website, which has been used by cybercriminals to buy and sell thousands of Americans' personal information and dating profiles.
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December 12, 2024
Colombia Looks To Nix $380M Telefónica Award
Colombia is challenging a $380 million arbitral award issued last month to Telefónica SA following a dispute over the reversion of assets held by the Spanish company's Colombian telecommunications business, prompting a provisional stay of enforcement while the annulment proceedings play out.
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December 12, 2024
11th Circ. Won't Rehear Guatemala Power Plant Fight
The Eleventh Circuit will not reconsider its decision refusing to vacate an arbitral award issued following an ill-fated Guatemalan power plant construction project, rejecting arguments that the tribunal improperly turned a blind eye to alleged corruption underlying the project.
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December 12, 2024
US Takes Hard Line Against WTO Litigating Security Matters
The Biden administration issued a stern warning against the dangers of litigating national security matters at the World Trade Organization, stressing that allowing international tribunals to decide the legality of a sovereign country's security policies is untenable.
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December 12, 2024
Spain Can't Enforce €855M Oil Spill Award Against Insurers
Spain has failed in its latest attempt to enforce an €855 million ($898 million) Spanish judgment against maritime insurers over a huge oil spill off its coast, as an appeals court found on Thursday that it was prevented from doing so by English arbitration.
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December 11, 2024
AADI Enlists NY Court To Enforce Cancer Drug Award
California-based AADI Bioscience Inc. is asking a New York federal court to enforce an arbitral award rejecting a more than $15 million claim asserted by a Hong Kong biopharmaceutical company following a dispute over a deal to market a new cancer drug in China.
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December 11, 2024
Gold Miner Sarama Hits Burkina Faso With $115M Claim
A gold exploration and development company with operations in West Africa said Wednesday it has commenced arbitration proceedings against Burkina Faso, seeking damages of AU$180 million ($115 million) in a dispute over the state's alleged expropriation of a mining project.
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December 11, 2024
DC Judge Enforces $325M Arbitral Award Against Argentina
Argentina must pay a $391 million arbitral award issued following a 15-year-old dispute over the renationalization of the country's state-owned airline, a federal judge in Washington, D.C., ruled on Tuesday.
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December 11, 2024
Cross-Border Criminal Antitrust Trial Will Stay In Houston
A case against a group of defendants accused of using violence to monopolize the cross-border sale of used cars from the U.S. into Central America must stay in Houston, a federal judge ruled this week.
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December 10, 2024
UpHealth Says Glocal Execs Stalling On $115M Award Suit
Digital health services company UpHealth has asked an Illinois federal judge to favor its efforts to pin down assets belonging to executives of Indian healthcare firm Glocal as it looks to enforce a $115 million arbitral award, saying the respondents are engaging in "obstructionist" conduct.
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December 10, 2024
Great-Grandson Brings Nazi-Looted Art Case Back To Justices
A California man who has been trying for nearly two decades to get a Spanish museum to return a painting that the Nazis stole from his great-grandmother is asking the U.S. Supreme Court to intervene for a second time after the Ninth Circuit again denied his request.
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December 10, 2024
Ex-CEO Argues Arbitrator's Failure To Disclose Sinks Award
A former CEO of Canadian biopharmaceutical company FSD Pharma Inc. who sued after he was terminated is urging the Third Circuit to reverse a lower court's decision confirming an unfavorable Canadian arbitral award, asserting the arbitrator concealed an extensive prior relationship with the company.
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December 10, 2024
Warner Bros., Comcast Settle 'Harry Potter' TV Show Fight
Warner Bros. Discovery and Comcast's United Kingdom and European subsidiaries settled their contract dispute over co-production of a new "Harry Potter" television series Monday as part of a new long-term distribution deal between the two media giants.
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December 09, 2024
Honduras Looks To Duck $11B Claim From US Developer
The Republic of Honduras has told the International Centre for the Settlement of Investment Disputes it objects to immediately facing a nearly $11 billion investor-state dispute before an ICSID tribunal, saying it will only consent to arbitration after local remedies are exhausted.
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December 09, 2024
Live Nation Denied Rehearing In 9th Circ. Arbitration Fight
The full Ninth Circuit has refused to reconsider an appellate panel's recent decision invalidating Live Nation and Ticketmaster's choice of a digital arbitration startup for consumer antitrust claims over allegedly exorbitant ticket prices.
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December 09, 2024
Mexico Found Liable For Axing Oil Drilling Contract
An International Centre for Settlement of Investment Disputes tribunal has found that Mexico breached the North American Free Trade Agreement when a Mexican administrative court confirmed the termination of an oil drilling contract between the country's state-owned energy firm and Texas-based investors.
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December 09, 2024
High Court Won't Hear Zimmer Biomet Royalties Fight
The U.S. Supreme Court on Monday shot down Zimmer Biomet Holdings' challenge to the Seventh Circuit's finding that the company shouldn't have stopped paying royalties on knee replacement devices it developed using an orthopedic surgeon's various patents after those patents expired.
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December 06, 2024
$490M Suit Over Kurdish Telecom Loan Paused For Arbitration
A New York federal judge has paused litigation filed by a subsidiary of Kuwaiti logistics firm Agility Public Warehousing Co. to enforce a $490 million judgment against the Kurdistan Regional Government of Iraq while a related arbitration plays out.
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December 06, 2024
Rugby League, Fox Sports Move To End Meta Tracking Row
Fox Sports Australia and the National Rugby League are urging a California federal court to nix a proposed class action accusing them of disclosing viewers' personal data to Meta and other third parties without their knowledge or consent, saying the dispute belongs in Australia.
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December 06, 2024
High Court Bar's Future: Gupta Wessler's Jennifer Bennett
As a litigator for workers and consumers, Jennifer D. Bennett made her debut at the U.S. Supreme Court at an inauspicious time, when conservative justices were consistently helping corporations move major cases onto advantageous turf in arbitration. But since then, Bennett has amassed a flawless argument record and helped to turn the tide, making her one of the high court's most promising young advocates.
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December 05, 2024
Insurers Say Hurricane Damage Suit Still Must Be Arbitrated
A group of insurers is urging a Louisiana federal court not to reopen litigation over millions of dollars of hurricane damage that was previously ordered into arbitration, saying a new decision on the arbitration of insurance matters from the state's top court doesn't trump a related Fifth Circuit opinion.
Expert Analysis
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Ecuador Ruling Marks Significant Step For Arbitral Certainty
The Constitutional Court of Ecuador's recent holding that a foreign arbitral award did not require homologation before local enforcement is a positive step toward fostering greater certainty in international business dispute resolution in the region, say Luis Perez and Ildefonso Mas at Akerman.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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Contractual Drafting Takeaways From Force Majeure Ruling
Lawyers at Cleary discuss the U.K. Supreme Court's recent judgment RTI v. MUR Shipping and its important implications, including how the court approached the apparent tension between certainty and commercial pragmatism, and considerations for the drafting of force majeure clauses going forward.
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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Decoding Arbitral Disputes: Spanish Judicial Oversight
The recent conviction of arbitrator Gonzalo Stampa underscores the critical importance of judicial authority in the realm of international arbitration in Spain, and emphasizes that arbitrators must respect the procedural frameworks established by Spanish national courts, says Josep Galvez at 4-5 Gray’s Inn.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.
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Foreign Discovery Insights 2 Years After ZF Automotive
Although an Arizona federal court decision last month demonstrates that Section 1782 discovery may still be available to foreign arbitral parties, the scope of such discovery has narrowed greatly since the U.S. Supreme Court's 2022 decision in ZF Automotive, and there are a few potential trends for practitioners to follow, say attorneys at Venable.
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Think Like A Lawyer: Always Be Closing
When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.
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Tracking China's Push To Invalidate Foreign Patents
China’s increasing use of courts and administrative panels to nullify patents in strategically important industries, such as technology, pharmaceuticals and rare-earth minerals, raises serious concerns about the intellectual property rights of foreign businesses operating there, say Rajat Rana and Manuel Valderrama at Selendy Gay.
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Series
Playing Chess Makes Me A Better Lawyer
There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.
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Litigation Inspiration: Attys Can Be Heroic Like Olympians
Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.
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CPR Proposal Affirms The Emphasis On Early Mediation
While the recent proposal to incorporate mandatory alternative dispute resolution into the Civil Procedure Rules following a 2023 appeal decision would not lead to seismic change, given current practice, it signals a shift in how litigation should be pursued toward out-of-court solutions, say Heather Welham and Cyra Roshan at Foot Anstey.