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International Arbitration
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October 28, 2024
DC Circ. Won't Revisit Quinn Emanuel's $486M Award Fight
Quinn Emanuel Urquhart & Sullivan LLP lost its bid to get the D.C. Circuit to reconsider its decision in a dispute over the firm's authority to represent a port operating in a long-running legal spat with the Republic of Djibouti, according to an order issued Monday by a divided panel of judges.
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October 28, 2024
9th Circ. Nixes Arbitration In Live Nation Ticket Sale Suit
The Ninth Circuit affirmed Monday that Live Nation and Ticketmaster can't force consumer litigation over allegedly exorbitant ticket prices into arbitration, ruling in a published opinion that the underlying arbitration agreement linking to "borderline unintelligible" arbitral rules is unenforceable.
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October 28, 2024
Russia Says High Court Case May Help Nix $5B Award Suit
Russia has told a D.C. federal court that a case recently accepted for review by the U.S. Supreme Court may provide it a path to argue that the court lacks jurisdiction to decide a case brought against the country by a Yukos Oil Co. unit.
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October 28, 2024
Calif. Court OKs $1.2M Award In Polo Club TM Fight
A California federal judge has said a Santa Barbara County-based polo club is entitled to $1.2 million in fees, costs and interest as part of a trademark dispute over a "Beverly Hills Polo Club" logo following arbitration.
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October 25, 2024
Apple-Google Pact Plaintiff Stuck With 9th Circ. Appeal
A Ninth Circuit panel has refused to let a training school send its case accusing Google of paying Apple to refrain from developing its own search engine back to district court in light of a recent D.C. federal judge's decision that Google monopolizes the search market.
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October 25, 2024
DC Circ. Could Nix OK Of $8M Equatorial Guinea Award
The D.C. Circuit on Friday appeared willing to consider nixing enforcement of an $8 million arbitral award against Equatorial Guinea issued in a dispute over an ill-fated hospital operating contract, even as the panel spent much of a hearing focusing on the impact of a decade-old U.S. Supreme Court decision.
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October 25, 2024
Bangladesh Rips DC Judge's Arrest Warrant On IMF Officials
The government of Bangladesh said Friday it is "unprecedented" that a D.C. federal judge ordered the arrest of two high-ranking Bangladeshi officials to force their depositions in a power company's lawsuit to enforce $31.9 million in arbitration awards.
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October 25, 2024
Glocal, UpHealth May Settle $115M Award Feud
Indian healthcare services platform Glocal and bankrupt digital health services company UpHealth may be on the verge of resolving their bitter dispute over an ill-fated merger that resulted in a $115 million arbitral award, Glocal has informed an Illinois federal court in a recent request to stay enforcement proceedings.
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October 24, 2024
Del. Co. Tells 3rd Circ. €4.2M Award Was Properly Denied
A Delaware investment company wants the Third Circuit to affirm a lower court ruling that refused to enforce an approximately €4.2 million arbitral award issued in a dispute over failed plans for a French medical equipment company to expand into Colombia.
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October 24, 2024
2nd Circ. Says Healthcare Arbitrations Were Properly Halted
The Second Circuit affirmed Thursday that a lower court properly halted a group of healthcare providers from pursuing thousands of arbitrations against State Farm as part of an alleged massive fraudulent scheme, ruling in a novel opinion the injunction did not violate federal arbitration law.
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October 24, 2024
IP Forecast: Inhibrx Co-Founder Faces Biotech Secrets Trial
A Wilmington federal jury next week will hear a trade secrets lawsuit that accuses a biotech executive of helping himself to confidential information about cancer treatment antibodies while being employed as an expert in an unrelated $200 million arbitration proceeding. Here's a spotlight on that case — plus all the other major intellectual property matters on deck in the coming week.
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October 24, 2024
Broadband Co. Says $168M Peruvian Award Suit Is Valid
A broadband corporation has urged a D.C. federal judge not to toss its lawsuit seeking enforcement of a $168 million arbitral award against telecom service Pronatel, saying the Peruvian state-owned entity is recycling arguments the court has already rejected.
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October 24, 2024
Judge Orders Bangladeshi Officials Arrested In $32M Arb. Row
A D.C. federal judge on Thursday issued bench warrants for the arrest of two Bangladeshi officials whom a power company wants to depose as it seeks to enforce a collective $31.9 million in arbitration awards against Bangladesh, prompting an immediate appeal from the Bangladeshi government.
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October 23, 2024
Firms Ask DC Court To Nix 'Retaliatory' Canadian Arbitrations
Two plaintiffs' law firms are urging a D.C. federal court to bar the operators of two allegedly illegal online casinos from pursuing "retaliatory" arbitrations in Canada against their clients, arguing they're trying to bully clients into submitting to a non-U.S. friendly arbitral institution.
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October 23, 2024
Top Human Rights Court Slams Russia Over Int'l Media Rule
An international court has ruled Russia is violating the right to freedom of expression enshrined in European human rights law by forcing independent media organizations to apply "foreign agent" labels to their content in an attempt to discredit them.
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October 23, 2024
UBS Wins $192M Award Confirmation In Eurobond Dispute
An Egyptian businessman has lost his years-old bid in New York federal court to vacate an approximately $192 million arbitral award favoring UBS and other lenders in a dispute over a $100 million Eurobond default.
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October 23, 2024
JAMS Adds International Arbitration Veteran To Miami Office
Alternative dispute resolution service JAMS has added the managing member of Squires International Law PLLC to its Miami office, strengthening its services with a multilingual attorney who brings a strong business and law background.
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October 22, 2024
Bondholders Cry Foul On Proposed Citgo Auction Process
The holders of nearly $2 billion in defaulted Venezuelan bonds are fighting a proposed sales order under which an affiliate of hedge fund Elliott Investment Management LP is set to buy Citgo's parent company for $7.286 billion, arguing the order would gut the collateral guaranteed under a pact with Venezuela.
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October 22, 2024
Spain Can't Dodge Enforcement Of €101M Renewables Award
Spain can't use state immunity to escape enforcement of a €101 million ($109 million) arbitral award issued in a fight over slashed economic incentives for renewable energy, after a London appeals court ruled Tuesday that an exception was triggered when Madrid signed an underlying treaty.
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October 22, 2024
BP Unit Says Mexican Cos. Owe It $46M For Natural Gas
Oil and gas giant BP's Mexican unit has asked a Texas federal court to enforce approximately $46 million in arbitral awards against subsidiaries of steelmaker Ternium SA after they allegedly bought natural gas during 2021's Winter Storm Uri and refused to pay.
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October 22, 2024
Law Firm Wins Atty Fees In Texas Over Lies To Ghana Court
An African energy company has to pay nearly $166,000 in attorney fees to an international arbitration specialty law firm after the company was sanctioned for lying to a Ghanaian court about proceedings in Texas, a Texas federal judge has ruled.
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October 22, 2024
Norton Rose Names Atty Duo As Global Arbitration Leaders
Norton Rose Fulbright has elevated the firm's U.S. arbitration team leader and a London-based partner to co-lead its global international arbitration practice, shaking up the group's leadership for the first time in over a decade, the firm announced Tuesday.
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October 22, 2024
The 2024 Prestige Leaders
Check out our Prestige Leaders ranking, analysis and interactive graphics to see which firms stand out for their financial performance, attractiveness to attorneys and law students, ability to secure accolades and positive legal news media representation.
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October 22, 2024
How Law Firms Get And Keep Elite Status
For decades, a handful of New York-based law firms thoroughly dominated the national consciousness when it came to power, profitability and prestige. But in today's legal market, increased movement of partners and clients from one firm to the next has begun to shake things up and create opportunities for go-getters to ascend the ranks.
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October 22, 2024
11th Circ. Nixes $440M Win For Dock Co. In Cuba Port Row
The Eleventh Circuit on Tuesday tossed a $440 million judgment for Havana Docks Corp. in its suit accusing luxury cruise companies of wrongly docking at its terminal — which the Cuban government seized decades ago — with the appellate panel reasoning the company no longer had a stake in the pier.
Expert Analysis
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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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Perspectives
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.
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Decoding Arbitral Disputes: Spain Faces Award Enforcement
Spain's loss in its Australian court case against Infrastructure Services Luxembourg underlines the resilience of international arbitration enforcement mechanisms, with implications extending far beyond this case, says Josep Galvez at 4-5 Gray's Inn.
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'Minimum Contacts' Issues At Stake In High Court FSIA Case
In CC/Devas v. Antrix, the U.S. Supreme Court must decide whether a "minimum contacts" requirement should be implied in the Foreign Sovereign Immunities Act, with the potential to dramatically change the legislative landscape through the establishment of a new and significant barrier to U.S. suits against foreign states, say attorneys at WilmerHale.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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Opinion
This Election, We Need To Talk About Court Process
In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.
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Series
Playing Diplomacy Makes Us Better Lawyers
Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.
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Series
Collecting Art Makes Me A Better Lawyer
The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.
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Litigation Inspiration: Honoring Your Learned Profession
About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.
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Opinion
AI May Limit Key Learning Opportunities For Young Attorneys
The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.