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International Arbitration
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February 13, 2024
Indian Pharma Co. Can't Get Fees In $950M COVID Vax Suit
A Seattle federal judge has nixed an Indian generic-drug maker's bid for about $3 million in attorney fees after it prevailed in a biotherapy company's $950 million lawsuit accusing it of stealing its COVID-19 vaccine, saying the maker didn't convince him it spent extra money litigating the suit.
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February 13, 2024
Ship Co. Seeks 5th Circ. Redo On $200M Award Enforcement
A German shipowner has asked the Fifth Circuit to reconsider whether to enforce a $200 million arbitral award it won following a deadly chemical explosion on its vessel, saying it never had a chance to respond to the argument that ultimately led to the decision.
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February 12, 2024
Live Nation Buyers Urge 9th Circ. To Nix Arbitration Rules
Consumers suing Live Nation and Ticketmaster in a proposed antitrust class action have told the Ninth Circuit that a district court correctly ruled the companies' failure to tell ticket buyers they were switching to a new arbitrator is "procedurally unconscionable to an extreme degree."
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February 12, 2024
Kuwaiti Co. Sees $380M Telecom Investment Claim Revived
An annulment committee has revived Agility Public Warehousing Co. KSC's claim accusing Iraq of wrongly rescinding the Kuwaiti logistics contractor's $380 million investment in a Kurdish mobile phone operator called Korek Telecom, said to be Iraq's fastest growing mobile operator.
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February 12, 2024
Andes, Oxy Resolve $392M Ecuadorian Award Fight
An Occidental Petroleum unit has resolved its feud with a Chinese-owned oil company over a $392 million arbitral award stemming from an ill-fated Ecuadorian oil project, a case that Occidental was attempting to appeal all the way to the U.S. Supreme Court.
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February 09, 2024
Live Nation Defends 'Modest' Arbitration Tweaks At 9th Circ
Live Nation Entertainment Inc. told the Ninth Circuit that a California district judge was wrong to remove ticket buyers' antitrust claims from arbitration simply because the company changed arbitrators.
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February 09, 2024
Gateley Hires Nigerian Lawyer To Lead Arbitration In Africa
Gateley Legal's international arbitration team has announced its engagement of a Nigerian qualified disputes lawyer to lead its African practice, saying she will focus on supporting the expansion of the firm's disputes services across multiple jurisdictions.
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February 09, 2024
US Business Group VP Slams Tai's Digital Trade Stance
The National Foreign Trade Council published an essay Friday bashing the U.S. Trade Representative as the odd one out on e-commerce policy among both U.S. lawmakers and international partners, broadcasting the business community's ongoing frustration with the Biden administration.
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February 09, 2024
Industry Groups Call For Wider Effort To Stop Houthi Attacks
More than 100 industry groups are calling for more governments to support military efforts to stop attacks on commercial vessels in the Red Sea by Yemen's Houthi rebels, which they said have disrupted at least $80 billion in cargo in recent months.
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February 09, 2024
EB-5 Visa Fraud Suit Should Be Stayed, Court Hears
A man accused of defrauding green-card hopefuls of millions of dollars through a visa program for foreign investors has asked a Florida federal court to pause claims against him while he appeals a decision refusing to send the case to arbitration.
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February 09, 2024
Court Says 'Catastrophe' Applies In COVID Reinsurance Cases
A London court has allowed insurers to make claims under reinsurance contracts for business interruption losses claimed during the COVID-19 pandemic, saying that the outbreak of an infectious disease constitutes a "catastrophe" under the policy wording.
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February 08, 2024
US Targets Price Cap Evaders, Bans Russian Diamonds
The U.S. sanctioned three Emirati shipping companies on Thursday and a Russian-controlled one registered in Liberia for violating the G7's oil price cap, according to the U.S. Treasury Department, which also blocked a tanker operated by two of them.
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February 08, 2024
Creditors Say Don't Reorder Priority Scheme In Citgo Auction
Creditors of Venezuela that are favorably positioned to recoup billions of dollars they're collectively owed in an upcoming auction for control of U.S. oil giant Citgo urged a Delaware federal judge on Wednesday not to grant a hedge fund's request for a "more equitable" distribution of the proceeds.
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February 08, 2024
Atty In 'The Saudi Sun' Case Seeks Jury Trial Over Sanctions
A Seattle attorney accused of creating a fake newspaper called The Saudi Sun and filing it as a court exhibit is pushing back against a $268,000 sanction order, arguing to the Ninth Circuit that he should have a jury trial first.
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February 08, 2024
Apt. Owners Can't Avoid Arbitrating Ida Damage, Insurers Say
Seven New Orleans-area property owners must submit their Hurricane Ida damage claims to arbitration proceedings regardless of whether one of two foreign conventions applies to the case over the other, a group of 10 insurers told a Louisiana federal court.
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February 08, 2024
EU Says It's Not Debating Sanctions For Broadcaster Carlson
The European Union is not currently discussing any sanctions against U.S. broadcaster Tucker Carlson for what the EU considers is the spreading of Russian propaganda, although each EU country may at any time propose possible media candidates for blacklisting, the European Commission said Thursday.
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February 07, 2024
Longford Argues Patent Settlement Row Must Be Arbitrated
Litigation funder Longford Capital has asked a Delaware federal court to send its dispute over a settlement with Arigna Technology Ltd. to arbitration, saying the arbitration agreement between the two parties is valid despite the Irish patent holding company's claims otherwise.
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February 07, 2024
Forbes Distributor Says Mexican Court Order Must Stand
A distributor of Forbes magazine in Latin America is urging a New York court to nix the media company's bid to overturn a Mexican court injunction barring it from terminating their deal while the companies arbitrate a renewal dispute, saying the request is improper.
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February 07, 2024
Fieldfisher Hires Arbitration Pro For New Amsterdam Practice
Fieldfisher LLP has recruited a dispute resolution specialist from Pogust Goodhead to spearhead a new international arbitration practice it has launched in Amsterdam, as it continues to build out its disputes offering across Europe.
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February 06, 2024
9th Circ. Won't Review $1.3B India Award Fight
The Ninth Circuit on Tuesday refused to revisit its decision overturning the enforcement of a $1.3 billion arbitral award issued to an Indian satellite communications company on jurisdictional grounds, despite a scathing dissent from several judges criticizing the appellate court's outlier position on the relevant issue.
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February 07, 2024
CORRECTED: 9th Circ. Nixes Mexican Movie Co.'s Award Challenge
The Ninth Circuit has agreed with a lower court's enforcement of an arbitral award against a Mexican motion picture distributor in a case involving a California film production company's right to distribute in Latin America the movie "Ava" starring Jessica Chastain. Correction: A previous version of this article's headline has been corrected.
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February 06, 2024
2nd Circ. Won't Nix Award In Telecom Shareholder Fight
The Second Circuit affirmed an arbitration award ordering the sale of a Latin American telecommunications tower after telling the contesting shareholders during oral argument it sounded like they had "buyer's remorse" about choosing arbitration.
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February 06, 2024
11th Circ. OKs Big Lots Widow's $9.6M Win Against Grandsons
The two grandsons of the Big Lots founder's widow owe her estate $9.6 million for mismanaging her fortune, an Eleventh Circuit panel ruled Tuesday, refusing to overturn an arbitration tribunal award after finding that its chairperson had no conflict of interest and that a virtual final hearing was appropriate in the case.
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February 06, 2024
Wimbledon Champ's Doping Ban Appeal Starts Wednesday
The doping ban appeal of Romanian professional tennis player Simona Halep will begin on Wednesday and is expected to wrap up by the end of the week, the Court of Arbitration for Sport said Tuesday.
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February 05, 2024
Sony Gets No Relief From Emergency Arbitrator In Nixed Deal
The Singapore International Arbitration Center has denied Sony's bid for emergency relief to prevent Zee Entertainment Enterprises Ltd. from initiating legal action to contest a decision by the Japanese company's Indian unit to terminate their $10 billion merger, Zee said.
Expert Analysis
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Tips For In-House Legal Leaders In A Challenging Economy
Amid today's economic and geopolitical uncertainty, in-house legal teams are running lean and facing increased scrutiny and unique issues, but can step up and find innovative ways to manage outcomes and capitalize on good business opportunities, says Tim Parilla at LinkSquares.
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What Associates Need To Know Before Switching Law Firms
Excerpt from Practical Guidance
The days of staying at the same firm for the duration of one's career are mostly a thing of the past as lateral moves by lawyers are commonplace, but there are several obstacles that associates should consider before making a move, say attorneys at HWG.
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A Case For Sharing Mediation Statements With Counterparties
In light of a potential growing mediation trend of only submitting statements to the mediator, litigants should think critically about the pros and cons of exchanging statements with opposing parties as it could boost the chances of reaching a settlement, says Arthur Eidelhoch at Eidelhoch Mediation.
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Preparing For Legal Scrutiny Of Data Retention Policies
Two recent cases involving Google and Meta should serve as a call to action for companies to ensure their data retention policies are updated and properly implemented to the degree of being able to withstand judicial scrutiny, especially as more data is generated by emerging technologies, say Jack Kallus and Labeed Choudhry at Kaufman Dolowich.
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Opinion
Attorneys Should Have An Ethical Duty To Advance DEI
National and state bar associations are encouraging attorneys to apply diversity, equity and inclusion practices in the legal profession and beyond, and these associations should take it one step further by formally recognizing ethical duties for attorneys to promote DEI, which could better the legal profession and society, says Elena Mitchell at Moore & Van Allen.
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Climate Change Clarifications To Expect From World Court
The upcoming International Court of Justice advisory opinion on climate change could help frame states' obligations and shape businesses' climate strategies, and the proceedings provide stakeholders with the opportunity to present their views on environmental responsibilities, say attorneys at Covington.
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Data-Driven Insights Are Key To Attracting Today's Clients
As law firm growth slows and competition for clients increases, modern firms must rely on robust data analytics to develop the sector-based expertise and industry insights that clients increasingly prioritize in relationships with counsel, says Lavinia Calvert at Intapp.
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In Arbitration, Consider The Influence Of State Laws
A California appellate court's recent refusal, based in state law, to compel arbitration in Barraza v. Tesla illustrates the importance of understanding substantive and procedural differences between state arbitration law and the Federal Arbitration Act — and when those distinctions can alter case outcomes, says Richard Mason at MasonADR.
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Ghosting In BigLaw: Why Better Feedback Habits Are Needed
Not giving assignments or constructive criticism to junior associates can significantly affect their performance and hours, potentially leading them to leave the firm, but partners can prevent this by asking the right questions and creating a culture of feedback, says Rachel Patterson at Orrick.
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11th Circ. Ruling Widens Path To Arbitral Award Vacatur
The Eleventh Circuit’s recent decision in Corporación AIC v. Hidroeléctrica — which held that the grounds for vacating an arbitral award are set in domestic law — brings the circuit in line with other courts of appeals and is an important decision for a number of reasons, says David Zaslowsky at Baker McKenzie.
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Rebuttal
Law Needs A Balance Between Humanism And Formalism
A recent Law360 guest article rightly questions the pretextual pseudo-originalism that permits ideology to masquerade as judicial philosophy, but the cure would kill the patient because directness, simplicity and humanness are achievable without renouncing form or sacrificing stare decisis, says Vanessa Kubota at the Arizona Court of Appeals.
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Short Message Data Challenges In E-Discovery
As short message platforms increasingly dominate work environments, lawyers face multiple programs, different communication styles and emoji in e-discovery, so they must consider new strategies to adapt their processes, says Cristin Traylor at Relativity.
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Opinion
Thomas Report Is Final Straw — High Court Needs Ethics Code
As a recent report on Justice Clarence Thomas' ongoing conflicts of interest makes evident, Supreme Court justices should be subject to an enforceable and binding code of ethics — like all other federal judges — to maintain the credibility of the institution, says Erica Salmon Byrne at Ethisphere.
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Halkbank Ruling May Mean More Foreign-State Prosecutions
The U.S. Supreme Court's recent ruling in Halkbank v. U.S. that the Foreign Sovereign Immunities Act does not apply to criminal cases involving foreign states and state-owned entities increases the risk of such prosecutions and significantly affects how these entities comport themselves in the U.S., say attorneys at Foley Hoag.
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Joint Representation Ethics Lessons From Ga. Electors Case
The Fulton County district attorney's recent motion to disqualify an attorney from representing her elector clients, claiming a nonconsentable conflict of interest, raises key questions about representing multiple clients related to the same conduct and highlights potential pitfalls, say Hilary Gerzhoy and Grace Wynn at HWG.