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International Arbitration
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January 01, 2025
The Top 5 High Court Cases To Watch This Spring
The U.S. Supreme Court justices will return from the winter holidays to tackle major First Amendment questions and several administrative law disputes — all arising from the Fifth Circuit — that could further change how federal agencies promulgate rules and defend them.
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January 01, 2025
Top International Trade Policy Stories To Watch In 2025
The re-election of Donald Trump has once again put U.S. trade policy center stage, as corporate attorneys brace for the sort of tariff and dealmaking whirlwind that came to define much of Trump's first term.
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January 01, 2025
3 International Arbitration Trends To Watch in 2025
As we transition into 2025, experts in international arbitration say they are looking out for how three trends will influence the practice area: a likely increasing number of disputes under the new administration of President-elect Donald Trump, new cities trying to get into the dispute resolution business and artificial intelligence continuing to impact arbitration in (hopefully) beneficial ways.
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January 01, 2025
5 International Arbitration Cases To Watch In 2025
The U.S. Supreme Court and the D.C. Circuit are set to decide cases in 2025 that could have a wide effect on how courts interpret the Foreign Sovereign Immunities Act and could provide a pathway for investor-state claimants to enforce awards against European countries. The Federal Circuit, meanwhile, is adjudicating a case that could have important effects in the arbitration and intellectual property fields. Here are five cases to watch over the next year.
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December 20, 2024
Fla. Judge Orders Ky. Tower Sale Laundering Case To Proceed
A Florida federal judge denied a request by two Miami businessmen to toss a civil forfeiture lawsuit brought by the U.S. government in an attempt to seize $9.1 million from the sale of a Kentucky office tower with alleged links to a Ukrainian money laundering scheme.
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December 20, 2024
Trade Panel Strikes Down Mexico's Curbs On Biotech Corn
Mexico's 2023 restrictions on the use of genetically modified corn to make tortillas and animal feed violated the country's trade accord with the U.S., a dispute settlement panel ruled Friday, finding that the policy was not based on sound science.
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December 20, 2024
DC Circ. Backs Dismissal Of Energy Co.'s $1.1B Angola Suit
The D.C. Circuit refused Friday to revive an energy company's lawsuit against Angola over $1.1 billion worth of nixed power plant contracts, agreeing with courts in New York that the dispute must be litigated in the African country.
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December 20, 2024
11th Circ. Won't Reconsider Nixing $440M Cuba Dock Claim
The Eleventh Circuit said it won't take a second look at its decision upending a $440 million judgment against four cruise lines that were accused of participating in prohibited tourism in Cuba by way of utilizing a dock that once belonged to a U.S.-based company.
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December 20, 2024
Halliburton Tells High Court That Age Bias Battle Can't Go On
Halliburton told the U.S. Supreme Court that an ex-worker is attempting to create a "back door" to challenge an arbitration award that resolved his age bias suit, urging the justices to join the Tenth Circuit in finding that the case had run its course.
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December 19, 2024
Fla. Judge OKs $12M Award In Nigerian Oil Fight
A Florida judge Wednesday allowed Côte d'Ivoire's state-owned energy company to enforce an $11 million arbitral award it won following a troubled joint venture to acquire and manage some of Chevron's West African downstream assets, largely rejecting Nigeria-based MRS Holdings Ltd.'s jurisdictional objections.
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December 19, 2024
US Co.'s Claim Over Canada Coal Phaseout Nixed
Westmoreland Coal Co. has lost its investor-state claim against Canada after lawmakers in Alberta opted to fast-track a planned coal phaseout, Ottawa has confirmed.
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December 19, 2024
The Biggest UK Supreme Court Decisions Of 2024
The U.K. Supreme Court in 2024 has looked into the enforcement of arbitration agreements, put an end to brand owners collecting broad trademark monopolies, galvanized climate activism and stressed the importance of solicitor-client costs agreements.
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December 18, 2024
1st-Ever Arb. Antitrust Casino Class Certified In Shuffler Suit
Scientific Games' successor Light & Wonder Inc. must battle arbitration from customers accusing the gambling company of monopolizing the automatic card shuffler market using fraudulently obtained patents, after an arbitrator said there's no need to individually assess the arbitration provisions of all roughly 112 class members.
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December 18, 2024
China Co. Asks Justices To Review E-Commerce Jurisdiction
China-based e-commerce company Zembrka has asked the U.S. Supreme Court to review a Second Circuit opinion that found proof of an online transaction in a particular state is enough to establish personal jurisdiction, regardless of whether the product ships or is refunded.
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December 18, 2024
Insurers Say Arbitration Is Proper In $7M Ida Damage Suit
A group of international and domestic insurers asked a Louisiana federal judge to keep in place an order to arbitrate a $7 million Hurricane Ida damage claim, disputing a property owner's argument that state law has a say in the matter.
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December 18, 2024
EU Court Rejects Latest Challenge To Portugal's Tax Clawback
A European court rejected a Brazilian-based company's challenge Wednesday to a European Commission ruling that Portugal must claw back tax breaks provided to companies with no local economic activity because that ran counter to commission-approved policies.
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December 18, 2024
Mobile Game Co. Can Arbitrate False Advertising Claims
A Manhattan federal judge said mobile game maker Papaya Gaming can arbitrate claims it misleadingly represents that users can compete with other live people, ruling that the terms of use contained valid arbitration clauses.
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December 17, 2024
Distributor Seeks OK Of $131M Venezuela Award
A Hong Kong goods distributor has kicked off litigation in Delaware looking to enforce a $131 million arbitral award against a subsidiary of Venezuela's state-owned oil company, stating in its petition that it wants to target the country's interest in the oil giant Citgo.
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December 17, 2024
Google-Apple Collusion Plaintiff Asks 9th Circ. To Revive Suit
A California crane operator training school asked the Ninth Circuit on Monday to revive its case accusing Google of paying Apple to refrain from developing its own search engine in light of a recent Washington, D.C., federal judge's decision that Google monopolizes the search market.
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December 17, 2024
Renewable Energy Investor Asks Court To OK €42M Award
A Luxembourg-based renewable energy investment firm on Tuesday urged a District of Columbia federal judge to confirm a €41.8 million ($43.9 million) arbitration award over Spain's abandoned energy economic incentives after the D.C. Circuit recently said such awards can be enforced.
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December 17, 2024
Yukos Capital Opposes Stay In $5B Russia Award Suit
The financing arm of Yukos Oil Co. urged a D.C. federal court on Monday not to pause its lawsuit looking to enforce a $5 billion arbitral award against Russia while litigation involving similar issues plays out, saying the Kremlin is needlessly dragging its feet.
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December 17, 2024
Plex Wrongly Refused To Arbitrate Privacy Claims, Suit Says
A Plex subscriber is claiming the streaming service violated its terms of service by refusing to arbitrate claims that it was breaching federal and state privacy laws.
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December 16, 2024
Lender Takes Aim At $2B Commisimpex Awards
A New York state court has issued a temporary restraining order over some $2 billion in arbitral awards still owed by the Republic of the Congo to Commissions Import-Export SA following a decades-old feud over unpaid public works contracts, citing a request from a lender.
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December 16, 2024
Ecuador Banana Co. Prez Ordered To Jail Over $6.9M Award
A Miami federal judge issued an arrest order for the president of an Ecuadorian banana company that ignored court orders to turn over financial information at the request of Chiquita Brands International, which is trying to enforce a $6.9 million arbitration award.
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December 16, 2024
Knicks Blame Raptors Arbitration Delay On Silver 'Conflict'
The New York Knicks reiterated their claim that National Basketball Association commissioner Adam Silver is biased against the franchise and incapable of arbitrating their data-theft dispute with the Toronto Raptors, accusing Silver of a "clear conflict of interest.''
Expert Analysis
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DC Circ. Int'l Arb. Ruling Leaves Award Holders In Legal Limbo
In NextEra v. Spain, the D.C. Circuit recently ruled that district courts could enforce arbitral awards in energy investors' decadelong dispute with Spain, suggesting award holders could succeed in U.S. courts, but also that foreign sovereigns could render any such victories economically meaningless, says Jeff Newton at Omni Bridgeway.
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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Insuring Lender's Baseball Bet Leads To Major League Dispute
In RockFence v. Lloyd's, a California federal court seeks to define who qualifies as a professional baseball player for purposes of an insurance coverage payout, providing an illuminating case study of potential legal issues arising from baseball service loans, say Marshall Gilinsky and Seán McCabe at Anderson Kill.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.
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Opinion
It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.
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What 7th Circ. Samsung Decision Means For Mass Arbitration
The Seventh Circuit's recent decision in Wallrich v. Samsung highlights the dilemma faced by mass arbitration filers in the face of nonpayment of arbitration fees by the defending party — but also suggests that there are risks for defendants in pursuing such a strategy, says Daniel Campbell at McDermott.
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How Justices Upended The Administrative Procedure Act
In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.
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Decoding Arbitral Disputes: Blasket Win Is A Beacon Of Hope
A Belgian court's recent decision in favor of Blasket Renewable Investments, enforcing an arbitral award against the Kingdom of Spain, signals that despite the European Court of Justice's restrictive interpretations, there is judicial support within the European Union for enforcing investors' rights under international arbitration agreements, says Josep Galvez at 4-5 Gray's Inn.
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Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?
A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.
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Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.
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3 Notes For Arbitration Agreements After Calif. Ruling
After last month's California Supreme Court decision in Ramirez v. Charter Communications invalidated several arbitration clauses in the company's employee contracts as unconscionable, companies should ensure their own arbitration agreements steer clear of three major pitfalls identified by the court, say attorneys at Cooley.
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3 Leadership Practices For A More Supportive Firm Culture
Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.