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International Arbitration
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June 07, 2024
3 IPEF Agreements Done, But Still No Sign Of Trade Pillar
Three of the four "pillars" of the Indo-Pacific Economic Framework for Prosperity and the initiative's overarching agreement are now complete, the U.S. Department of Commerce has announced, but there's still no timeline for finishing the deal's trade pillar
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June 07, 2024
Swiss Finance Watchdog Issues New Cyber Warnings
Switzerland's financial markets regulator issued new guidance for all regulated firms on Friday, telling them how to manage cyber risks after finding that many are failing to take the right steps to prevent attacks, including those against the service providers they use.
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June 14, 2024
Bird & Bird London Arbitration Chief Floats New Solo Practice
The head of international arbitration at Bird & Bird LLP in London has left his job and set up a solo practice in a move to focus on the types of arbitration he enjoys without the shackles of a big firm.
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June 06, 2024
La. Commercial Property Co. Settles Storm Insurance Dispute
A Louisiana federal judge has dismissed a commercial property owner's coverage fight over windstorm damage after the company settled in arbitration with a group of 10 insurers.
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June 06, 2024
Transport Monopoly Indictment Is Deficient, Accused Says
One of 12 individuals who U.S. federal prosecutors claim conspired to monopolize cross-border sales of used vehicles and other goods from the U.S. to Central America using violence has moved to dismiss antitrust charges, saying prosecutors omitted elements of an indictable offense.
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June 06, 2024
AI Co. UiPath's $70M Award Over Chinese Code Theft OK'd
A New York federal judge has affirmed an unopposed $70 million arbitration award in favor of U.S. artificial intelligence software and robotic process automation company UiPath against a China-based competitor over allegedly stolen source code.
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June 06, 2024
'Brussels Effect' Of EU's AI Act Is Uncertain, Legal Pros Say
BigLaw attorneys advising international clients on the European Union's AI Act tell Law360 there are significant uncertainties over vague terms in the 458-page statute, how its steep eight-figure fines will be enforced, and whether it will set a new standard globally as part of the "Brussels effect."
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June 05, 2024
Bank Shareholders Say Venezuelan Takeover Cost Them $27M
Shareholders in a small Miami bank told jurors Wednesday that board members working for the Venezuelan government had taken control of the bank and cost shareholders $27 million by engaging with the sanctioned Venezuelan government.
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June 05, 2024
9th Circ. Won't Review Cathay Pacific Ticket Refund Fight
The Ninth Circuit on Wednesday refused to reconsider its decision ordering a couple who were left stranded in the Philippines during the height of the COVID-19 pandemic to arbitrate their breach of contract dispute with Cathay Pacific Airways under their contract with a third-party booking site.
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June 05, 2024
Water Co. Settles Project Dispute With Mexico For $36M
A Cayman Islands company that specializes in water supply and treatment plants said it has settled its dispute with Mexico over a terminated project to construct a desalination plant and will sell the land on which the plant was to be built for approximately $36 million.
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June 05, 2024
Chamber Says New Docs Show Transparency Issues At USTR
The U.S. Chamber of Commerce is expressing transparency concerns about certain policy decisions after documents provided under the Freedom of Information Act revealed that Biden trade officials are utilizing a "deferential and highly coordinated approach" in their relationship with Sen. Elizabeth Warren, D-Mass.
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June 05, 2024
Cannabis Co. Protests $4M Award, Asserting Arbitrator Error
Cannabis company Neptune Wellness Solutions Inc. urged a New York federal court Tuesday to upend a nearly $4 million arbitration award to an entrepreneur whose business merged with the Canadian company, asserting that the winnings, specifically attorney fees, should have been reduced by 98%.
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June 05, 2024
Alston & Bird Hires 2 Arbitration Pros In London
Alston & Bird LLP has recruited two specialists in international arbitration from a law firm in Dubai in a move to strengthen its capabilities in commercial and construction disputes as well as investor-state cases.
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June 04, 2024
Chinese Fund Asks To Nix Doc Bid In $830M Transaction Row
A Chinese healthcare investment fund has asked a New York federal court to toss a Hong Kong medical fund's subpoena request seeking information in a foreign case stemming from a stymied $830 million transaction, saying the discovery bid isn't allowed for the private arbitration.
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June 04, 2024
Russian Bank Threatens Ukraine With Expropriation Claim
A Russian bank that operates mainly on the Crimean Peninsula on Monday began the process of filing an arbitration claim against Ukraine, accusing the smaller country of sending it into financial ruin by allegedly nationalizing its assets.
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June 04, 2024
S. Korea Claims Victory In Chinese Investor's $1.47B Dispute
South Korea's Ministry of Justice has announced that an international tribunal threw out all claims asserted by a Chinese real estate investor in a treaty case over a South Korean bank's forced sale of his shares in a local real estate company he founded.
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June 04, 2024
Mexican Co. Asks Justices To Resolve Foreign Service Q's
A Mexican film distributor is asking the U.S. Supreme Court to resolve a technical question relating to service of process on foreign parties, as it fights a Ninth Circuit decision enforcing an arbitral award favoring a Los Angeles-based film production company over a 2020 movie that starred Jessica Chastain.
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June 03, 2024
Burford Tries To Send Dispute With German Co. To Arbitration
Burford Capital is urging a Delaware court to force a German entity to arbitrate their dispute stemming from a funding agreement for litigation against truck manufacturers that were targeted by European regulators for fixing their prices for more than a decade in the early 2000s.
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June 03, 2024
Some Racketeering Claims In $92M Award Suit Can Proceed
A Monaco bank and a Luxembourg lawyer and trust administrator must face racketeering claims accusing them of helping to hide the fortune of a Russian businessman who's on the hook for a $92 million arbitral award, a California federal judge ruled on Friday.
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June 03, 2024
Burford-Sysco Plaintiff Swap Stays Nixed In Price-Fixing Case
A Minnesota federal judge refused Monday to let a unit of legal investment firm Burford Capital substitute for Sysco Corp. as plaintiff in sprawling price-fixing lawsuits against pork and beef producers, agreeing with a magistrate judge's conclusions that allowing a litigation funder to dictate antitrust settlements "could have a detrimental impact."
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May 31, 2024
Nord Stream 2 Says EU Pipeline Regs Violate Int'l Law
The Russian majority-owned company behind the development of a politically sensitive natural gas pipeline from Russia to Germany has resumed its efforts to convince an international tribunal that the European Union's "sole objective" in amending regulations for the natural gas market was to complicate the pipeline project.
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May 31, 2024
US, Mexico Reach Truce On Steel Factory Labor Violations
A steel manufacturer in Mexico has agreed to pay a monetary settlement to workers it dismissed in retaliation for their union organizing activity after the United States asked the Mexican government to review the matter, the Office of the U.S. Trade Representative said.
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May 31, 2024
Russia Says Arbitrators Don't Get Final Word In $50B Suit
Russia has asked the D.C. Circuit to revive its sovereign immunity claim in litigation seeking to enforce $50 billion in arbitral awards against it, arguing it never said arbitrators could have the final word on whether it agreed to arbitrate with former Yukos Oil Co. shareholders.
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May 31, 2024
Venezuela Can't DQ Special Master As Citgo Auction Looms
Venezuela has again fallen short in its efforts to disqualify the special master overseeing the auction of Citgo's parent company to satisfy billions of dollars worth of the country's debt, after a Delaware judge ruled on Friday afternoon that its motivations behind the motion are "suspect."
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May 31, 2024
A Potential Tipping Point For Transgender Athlete Litigation
After heated policy debates in statehouses and academic institutions, the discourse over participation of transgender athletes in college and amateur sports has spilled into the nation's courts, with a flurry of recent suits and rulings suggesting the judiciary will have its hands full for years to come.
Expert Analysis
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An Overview Of Circuit Courts' Interlocutory Motion Standards
The Federal Arbitration Act allows litigants to file an immediate appeal from an order declining to enforce an arbitration agreement, but the circuit courts differ on the specific requirements for the underlying order as well as which motion must be filed, as demonstrated in several 2023 decisions, says Kristen Mueller at Mueller Law.
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The State Of UK Litigation Funding After Therium Ruling
The recent English High Court decision in Therium v. Bugsby Property has provided a glimmer of hope for litigation funders about how courts will interpret this summer's U.K. Supreme Court ruling that called funding agreements impermissible, suggesting that its adverse effects may be mitigated, says Daniel Williams at DWF Law.
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
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Attorneys Have An Ethical Duty To Protect The Judiciary
The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.
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Nix Of $11B Award Shows Limits Of Arbitral Process
A recent English High Court decision in Nigeria v. Process & Industrial Developments, overturning an arbitration award because it was obtained by fraud, is a reminder that arbitration decisions are ultimately still accountable to the courts, and that the relative simplicity of the arbitration rules is not necessarily always a benefit, say Robin Henry and Abbie Coleman at Collyer Bristow.
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Int'l Arbitration Doesn't Have To Be Slow And Expensive
Anton Maurer at JAMS offers a series of practice points aimed at reducing the cost and delays of international arbitration, such as avoiding overbroad document discovery, without harming the result of the proceedings.
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AI Can Help Lawyers Overcome The Programming Barrier
Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.
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A Look At Enforcing And Contesting Arbitral Awards In Qatar
As Qatar aspires to become a regional investment hub as part of its Qatar Vision 2030, it has committed to modernizing its arbitration practices in accordance with international standards, including updating the process of enforcing and contesting arbitration awards, say attorneys at Crowell & Moring.
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Preparing Law Students For A New, AI-Assisted Legal World
As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.
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General Counsel Need Data Literacy To Keep Up With AI
With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.
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Navigating Discovery Of Generative AI Information
As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.
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Finding Focus: Strategies For Attorneys With ADHD
Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.
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Protecting The Arbitral Process In Russia-Related Disputes
Four recent High Court and Court of Appeal rulings concerning anti-suit injunction claims illustrate that companies exposed to litigation risk in Russia may need to carefully consider how to best protect their interests and the arbitral process with regard to a Russian counterparty, say lawyers at Linklaters.
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Attorneys, Law Schools Must Adapt To New Era Of Evidence
Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.
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RSA Insurance Ruling Clarifies Definition Of 'Insured Loss'
A London appeals court's recent ruling in Royal & Sun Alliance Insurance v. Tughans, that the insurer must provide coverage for a liability that included the law firm's fees, shows that a claim for the recovery of fees paid to a firm can constitute an insured loss, say James Roberts and Sophia Hanif at Clyde & Co.