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International Arbitration
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August 19, 2024
Canadian Insurer Secures Arbitration In Auto Accident Dispute
A Canadian man must arbitrate his dispute with a Canadian state-owned insurer over an underinsured motorist claim, a Hawaii federal judge ruled, finding that the man failed to prove that arbitration was precluded from being held in British Columbia.
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August 19, 2024
Canadian Court Won't Yet Enforce $140M Hospital Award
Webuild SpA has told a Delaware federal court of a Canadian court's decision to wait on enforcing a $140 million arbitral award related to a Chilean hospital project, saying it is relevant to Webuild's bid in Delaware to dismiss a petition seeking to confirm the same award.
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August 19, 2024
Iraq Can't Escape $120M Port Award
A D.C. federal judge gave a Cypriot construction firm permission to go after Iraqi assets to satisfy a $120 million judgment obtained in a dispute over construction on a major port in the country, rejecting Iraq's bid to escape the arbitration award.
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August 16, 2024
Stay Lifted On $110M Coal Co. Suit As Arbitration Drags On
A Missouri federal judge has grudgingly lifted a pause on litigation between several insurance companies and a St. Louis coal producer after its mines sustained more than $115 million in fire damage, saying it can pursue claims against domestic insurers separately from insurers seeking arbitration.
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August 16, 2024
Customer Says AAA Must Improve Oversight Of Arbitrators
The American Arbitration Association allows its arbitrators' decisions to go unchecked because the AAA operates without any formal audit mechanism, a disgruntled T-Mobile USA Inc. customer told a Florida federal judge as he fights an arbitral award favoring the company.
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August 16, 2024
Airbnb Says Travel Insurance Fee Fight Must Be Arbitrated
Airbnb and an Italian insurer are urging a California federal court to send a proposed class action over allegedly unfair fees on travel insurance policies to arbitration, arguing Thursday that the plaintiffs are ignoring an arbitration clause they had to sign to use the Airbnb platform.
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August 16, 2024
DC Circ. OKs Energy Cos.' $395M Spain Award Suits
The D.C. Circuit on Friday ruled that district courts have jurisdiction to enforce some $395 million in arbitral awards issued against Spain after the country rolled back economic incentives for renewable energy projects, but took no position on the awards' ultimate enforceability.
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August 15, 2024
Conflict Questions Haunt Chiles' Bronze Medal Case
The Court of Arbitration for Sport has now released its decision stripping U.S. gymnast Jordan Chiles of her bronze medal in favor of a Romanian gymnast, though questions about a potential conflict involving tribunal president Hamid Gharavi have put the sports court on the defensive.
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August 15, 2024
Treasury's Sanctions Unit Slaps Penalties On Houthi Network
An office of the U.S. Treasury said it has sanctioned a group of companies, people and vessels for shipping Iranian commodities to Yemen and the United Arab Emirates on behalf of their network led by an Iran-based financier viewed as a leading enabler of Yemen's Houthi rebels.
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August 15, 2024
Baker McKenzie Adds 2 A&O Shearman Attys In Johannesburg
Baker McKenzie is beefing up its global disputes practice at its Johannesburg office with the arrival of two attorneys from A&O Shearman and another from Cliffe Dekker, the firm announced Thursday.
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August 15, 2024
Discover Can't Arbitrate Fraud Risk Claims, But Amex Can
A New York federal judge has refused to allow Discover Financial Services to arbitrate claims that it and other credit card networks conspired to dump fraud risk on retailers, but granted a similar motion from American Express.
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August 15, 2024
Ex-Drew Eckl Attys Seek New Firm's Escape From Arbitration
Drew Eckl & Farnham LLP and former firm attorneys now at Burke Moore Law Group LLP launched dueling arguments in the Georgia Court of Appeals this week over Burke Moore's bid to undo a court order requiring it to arbitrate a fees dispute between Drew Eckl and Burke Moore founders.
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August 14, 2024
3rd Circ. May Nix $10M Venezuela Award Transfer Suit
The Third Circuit appeared poised to decline jurisdiction over appeals challenging a Delaware judge's decision to send litigation enforcing some $10 million in arbitral awards against a subsidiary of Venezuela's state-owned oil company to federal court in Washington, D.C.
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August 14, 2024
Sanctioned Ghanaian Co. Says Law Firm's Fees Too High
An African energy company has slammed international arbitration specialty law firm Three Crowns LLP in Texas federal court for claiming nearly $200,000 in fees after the company was sanctioned for lying to a Ghanaian court.
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August 14, 2024
Ukrainian Bank In $1.1B Russia Case Points To Nigeria Ruling
A Ukrainian bank looking to enforce a $1.1 billion arbitral award against Russia has asked a Washington, D.C., federal judge to consider a decision issued last week by the D.C. Circuit rejecting Nigeria's sovereign immunity defense in another litigation over an arbitral award.
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August 13, 2024
Insurers Look To Appoint Umpire In Hurricane Damage Fight
A group of foreign and domestic insurers has asked a New York federal court to resolve an impasse over the appointment of an arbitrator to adjudicate a dispute related to Hurricane Ida damage in the Lafourche Parish of Louisiana, urging the court to appoint an umpire.
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August 13, 2024
Texas Court Affirms Sole Arbitrator In Oilfield Machinery Fight
A Texas appeals court affirmed on Tuesday that arbitration over more than $1 million owed on an invoice for oilfield machinery should be heard by a sole arbitrator, ruling that a subsequent agreement between a Mexican drill rig manufacturer and a Houston company trumped the wording in their initial contract.
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August 13, 2024
Panama Seeks Pause In Construction Co.'s $4.8M Award Suit
Panama has asked a Florida federal court to stay discovery as it faces a Miami businessman's countersuit claiming a previous settlement bars the enforcement of a $4.8 million arbitral award against him and his construction firm, arguing that a separate arbitration will resolve outstanding issues.
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August 13, 2024
3rd Circ. Nixes Debt Collection Suit, Leaves Award In Question
The Third Circuit ruled Tuesday that a plaintiff fighting an arbitration loss in a proposed debt-collection class action never had standing to sue, but the appellate panel left it for an arbiter or state court to decide whether to erase the actual award in favor of the debt collector.
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August 13, 2024
Ga. Justices To Weigh Arbitrator's Closed-Door Discussions
The Georgia Supreme Court on Tuesday agreed to weigh if an arbitrator's ex parte communications with BioTek Services LLC in an allergy testing payment dispute warranted vacating BioTek's $1.7 million arbitration award over compensation for its testing of patients from Docs of CT LLC.
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August 12, 2024
2nd. Circ. Opinion May Moot Discovery Statute For Arbitration
The Second Circuit's novel decision last month further narrowing the scope of a foreign discovery statute — a tool that had, until recently, become something of a secret weapon among international arbitration practitioners — has contributed to its increasing obsolescence in the practice area.
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August 12, 2024
Alleged 'Ransom Cartel' Boss Hit With Cybercrime Indictments
A Belarussian and Ukrainian national extradited from Poland led two schemes that deployed malware through unsuspecting advertising companies and recruited participants from a Russian-speaking cybercrime forum to join a ransomware "cartel," federal prosecutors in New Jersey and Virginia alleged on Monday.
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August 12, 2024
US Gymnast Can't Get Bronze Medal Back
The Court of Arbitration for Sport on Monday refused to overturn a ruling stripping U.S. gymnast Jordan Chiles of her bronze medal for the floor exercise after the U.S. team's head coach purportedly challenged Chiles' original score four seconds too late.
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August 12, 2024
Shell Oil Forced Back To State Court In Texas Amputation Suit
Shell Oil must face claims in state court it negligently caused a worker's injuries that resulted in his foot being amputated, a Texas federal judge has ruled, rejecting the company's bid to enforce two contracts that the worker never signed.
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August 12, 2024
Gamers Freed From Arbitration Take On Valve's 30% Cut
Valve, the operator of the dominant PC game marketplace Steam, is facing a new proposed class action accusing the company of monopolizing the gaming market to artificially inflate prices, this time from a group of plaintiffs who say they have overcome the company's arbitration agreements.
Expert Analysis
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7 Common Myths About Lateral Partner Moves
As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.
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5 Tips For Policyholders Arbitrating R&W Insurance Claims
With more representations and warranties insurance disputes being arbitrated, policyholder counsel should note issues that are unique to RWI claims, including those of privilege, priority and preserving subrogation, says Micah Skidmore at Haynes Boone.
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Series
Cheering In The NFL Makes Me A Better Lawyer
Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.
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6 Pointers For Attys To Build Trust, Credibility On Social Media
In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.
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A Post-Mortem Analysis Of Stroock's Demise
After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.
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Mass Arb. Rule Changes May Be A Hindrance For Consumers
The American Arbitration Association's recent changes to its mass arbitration supplementary rules and fee schedule, including a shift from filing fees to initiation and per-case fees, may reduce consumers' ability to counteract businesses' mandatory arbitration agreements, say Eduard Korsinsky and Alexander Krot at Levi & Korsinsky.
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Series
Coaching High School Wrestling Makes Me A Better Lawyer
Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.
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Decoding UK Case Law On Anti-Suit Injunctions
The English High Court's forthcoming decision on an anti-suit injunction filed in Augusta Energy v. Top Oil last month will provide useful guidance on application grounds for practitioners, but, pending that ruling, other recent decisions offer key considerations when making or resisting claims when there is an exclusive jurisdiction clause in the contract, says Abigail Healey at Quillon Law.
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SG's Office Is Case Study To Help Close Legal Gender Gap
As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.
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Exploring The Foreign Discovery Trend In Delaware
Despite a U.S. Supreme Court decision limiting the use of Section 1782, recent trends from a Delaware federal court suggest that Delaware remains an appealing forum for such foreign discovery requests, says Florentina Field at Abrams & Bayliss.
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Reimagining Law Firm Culture To Break The Cycle Of Burnout
While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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Zimbabwe Ruling Bolsters UK's Draw As Arbitration Enforcer
An English court's recent decision in Border Timbers v. Zimbabwe, finding that state immunity was irrelevant to registering an arbitration award, emphasizes the U.K.'s reputation as a creditor-friendly destination for award enforcement, say Jon Felce and Tulsi Bhatia at Cooke Young.
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Series
Competing In Dressage Makes Me A Better Lawyer
My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.
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3 Strategies For Aggressive Judgment Enforcement
As illustrated by the many creditors of Citgo Petroleum Corp. who may walk away empty-handed — despite the company's court-ordered sale — it is important to start investigating counterparty assets and planning for enforcement even before obtaining a judgment, says Brian Asher at Asher Research.
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The Legal Industry Needs A Cybersecurity Paradigm Shift
As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.