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International Arbitration
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March 11, 2024
Pfizer Slams Ex-Compliance Officer's Whistleblower Claims
Pfizer has asked a California federal court to again dismiss the bulk of a discrimination and retaliation lawsuit filed by a former compliance officer for the pharmaceutical giant, arguing his latest suit is "largely a regurgitation of his original complaint."
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March 11, 2024
New Arbitration Firm Has 'Hit Ground Running,' Founders Say
Three international arbitration specialists who worked at Dechert LLP in France before they left to launch a boutique firm said on Monday that the new business has "hit the ground running" since it opened in January.
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March 11, 2024
Woodsford Affiliate Prevails In Fee Feud With SF Firm
An affiliate of British litigation funder Woodsford has secured a $1.8 million arbital award and $1.2 million in interest from a San Francisco law firm following the 2019 settlement of a lawsuit against Google, a Delaware federal judge confirmed Monday.
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March 11, 2024
Steptoe Adds Dentons' Ex-Global Security Chief As Partner
Steptoe LLP has added a security and threat analysis expert who previously served as Dentons' global chief security officer as a partner in Washington, D.C., the firm announced Monday.
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March 11, 2024
Pfizer Defeats French Group's Bid For Vax Docs At 2nd Circ.
The Second Circuit said Monday that Pfizer doesn't need to give a French nonprofit the communications between its CEO and the European Commission's president related to a COVID-19 vaccine development agreement, ruling the materials are irrelevant to a jurisdictional issue in the group's legal challenge to the pact in France.
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March 08, 2024
Justices Urged To Take Up 'Who Decides' Arbitration Question
An international arbitration scholar has urged the U.S. Supreme Court to resolve whether a court or an arbitrator should decide a dispute's proper venue in cases involving nonsignatories to an arbitration agreement, an issue that's arisen in antitrust litigation over National Association of Realtor rules.
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March 08, 2024
DC Circ. Throws Out Victims' Claims Over Hamas Attack
The D.C. Circuit on Friday vacated a lower court judgment regarding a married couple injured by a member of the Hamas militant group in Jerusalem, finding that the attack did not result in an "extrajudicial killing" that would give the court jurisdiction under U.S. law.
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March 08, 2024
Off The Bench: Dartmouth Union, Iowa Betting Case Folds
In this week's Off The Bench, Dartmouth College men's basketball players vote to unionize over the school's objections, a probe into Iowa State University athletes' gambling activities fizzles amid warrantless search allegations, and a Wimbledon champion gets her doping suspension reduced. If you were on the sidelines over the past week, Law360 is here to clue you in on the biggest sports and betting stories that had our readers talking.
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March 08, 2024
Czech Republic Can Fight Part Of $350M Blood Plasma Award
A London judge Friday allowed the Czech Republic to pursue some of its challenges to a $350 million award in favor of a blood plasma company, but blocked others in a decades-long complex arbitration dispute.
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March 07, 2024
$285M Panama Canal Case Must Be Reviewed, Justices Told
A contractor enlisted on a multibillion-dollar project to widen the Panama Canal is urging the U.S. Supreme Court not to ignore an "open conflict" among lower courts over the vacatur standard for evident partiality, as the justices get ready to issue a certiorari decision that will likely come later this month.
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March 07, 2024
Southern Peaks Awarded $42.5M Over Peruvian Copper Deal
Peruvian copper producer Southern Peaks Mining LP said it has won a multi-million-dollar arbitral award favoring its management subsidiary due to breaches of a sale and purchase agreement with Singaporean commodity trading company Trafigura Beheer BV over the acquisition of a mine.
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March 07, 2024
5th Circ. Affirms Arbitration In Hurricane Coverage Feud
The Fifth Circuit has ordered the owner of a New Orleans luxury apartment and retail complex to arbitrate a dispute with its domestic surplus lines insurers over coverage for $7 million in hurricane damage, ruling that arbitration is permitted under a carveout in conflicting Louisiana state law.
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March 07, 2024
Peru's Telecom Co. Wants $168M Award Suit Tossed
Peru's state-owned Programa Nacional de Telecomunicaciones has urged a D.C. federal court to set aside an entry of default in litigation to enforce $168 million in arbitral awards issued to a broadband provider, arguing that it has sovereign immunity and wasn't properly served.
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March 06, 2024
Exxon Kicks Off Arbitration Over Guyana Offshore Oil Project
ExxonMobil has initiated arbitration in order to retain its right of first refusal over Hess Corp.'s stake in a lucrative oil block off Guyana's Atlantic coast, an Exxon spokesperson confirmed on Wednesday.
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March 06, 2024
Judge Won't Revisit Contempt Order In Gold Mine Control Suit
A Colorado federal judge refused Tuesday to reconsider or amend his 2022 contempt order sanctioning mineral exploration company DynaResource in a decade-old arbitration dispute over control of a Mexican gold mine, finding that DynaResource's arguments are untimely and "at best" tangentially related to the arbitration award.
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March 06, 2024
Don't Get Too Comfy Before Trade Deal Review, Tai Says
U.S. Trade Representative Katherine Tai on Wednesday cautioned the U.S., Mexico, and Canada not to get "too comfortable" ahead of approaching the first review of the nations' trade accord, saying some discomfort was needed to motivate them towards tackling global trade issues.
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March 06, 2024
Sidley Adds 11-Year Wiley Rein Leaders To DC Group
Sidley Austin LLP has hired two members of Wiley Rein LLP's leadership, one of whom joins to help co-lead its global arbitration, trade and advocacy practice, the firm announced Wednesday.
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March 06, 2024
Wimbledon Champ Scores Significant Doping Ban Reduction
Romanian professional tennis player Simona Halep has secured a victory in her appeal of a doping ban, with the Court of Arbitration for Sport reducing her period of ineligibility from four years to nine months because her violation was found to be unintentional.
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March 05, 2024
Chinese Movie Tycoon Slapped With Fees In $500M Award Suit
A New York federal judge ordered an "impenitent" Chinese cinema magnate on Tuesday to reimburse three investors about $160,000 in attorney fees after he repeatedly ignored discovery orders issued in a case to enforce arbitral awards now worth more than $500 million against him.
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March 05, 2024
Oro Negro Bondholders Want Quinn Emanuel Sanctioned
Bondholders in Mexican oil and gas company Perforadora Oro Negro asked a Florida judge on Tuesday to sanction Quinn Emanuel Urquhart & Sullivan LLP for continuing to represent the company's founders in a $30 million dispute despite a disqualification order.
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March 05, 2024
Colombia Fends Off Canadian Co.'s Claims In Mining Dispute
Attorneys for the Republic of Colombia said Tuesday that the country has defeated an arbitration claim for more than $100 million lodged by a Canadian mining company after the country prohibited mining in the páramos, a rare, high-elevation ecosystem in the Andes.
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March 05, 2024
Ex-Russian Minister Renews Bid To Jail Deripaska In UK
Former Russian minister Vladimir Chernukhin urged an appeals court Tuesday to revive his bid to jail his ex-business associate Oleg Deripaska for contempt of court, arguing an earlier judge was wrong to find than an agreement to preserve assets had not been breached.
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March 04, 2024
Panama Skirts $100M Claim Over Biofuel Regulations
An international tribunal has tossed a $100 million claim accusing Panama of enacting regulatory changes that led to the shuttering of a biofuels company, ruling that a group of Italian investors could not prove they controlled the Panamanian company.
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March 04, 2024
EU Eyes Strategy For Exiting 'Outdated' Energy Treaty
The European Commission has asked its 27 member states not to stand in the way of proposed reforms to a contested cross-border agreement that protects fossil fuel investments, saying the European Union's approval of the reforms would hasten the EU's departure from the pact.
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March 04, 2024
5th Circ. Says Hurricane Coverage Battle Must Be Arbitrated
A Louisiana property owner and its eight domestic insurers must arbitrate the owner's claims that they mishandled and delayed paying its Hurricane Laura property damage claim in bad faith, the Fifth Circuit ruled Monday, reversing a district court's decision that found an arbitration provision at issue unenforceable.
Expert Analysis
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Tips For Litigating Against Pro Se Parties In Complex Disputes
Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.
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3 Cases Show Tensions Between Arbitration And Insolvency
The intersection of international arbitration and insolvency may influence the formulation of litigation strategy on a global scale, and several recent cases illustrate the need for counsel to understand how courts are varying in their approaches, say attorneys at Skadden.
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Pro Bono Work Is Powerful Self-Help For Attorneys
Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.
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Series
Playing In A Rock Cover Band Makes Me A Better Lawyer
Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.
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Series
The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'
The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.
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Lessons On Arbitration Carveouts From Diddy-Diageo Suit
After Sean "Diddy" Combs brought a racial discrimination suit in New York state court against Diageo, the company has been unable to compel arbitration under its distribution agreement with Combs, underscoring the importance of narrowly tailoring arbitration carveouts for injunctive relief, says Rosanne Felicello at Felicello Law.
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What Panama Canal Award Ruling Means For Int'l Arbitration
As the prevalence of international arbitration grows, the Eighth Circuit’s recent decision in Grupo Unidos v. Canal de Panama may change how practitioners decide what remedies to seek and where to raise them if claims are rejected, says Jerry Roth at FedArb.
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Opinion
Newman Suspension Shows Need For Judicial Reform
The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.
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Taking A Walk Down Mandamus Lane After 2nd Circ. Ruling
The Second Circuit’s recent decision to deny a writ of mandamus, filed by a law firm after a lower court barred it from representing a Salvadoran oil company, adds to the nuanced and sometimes conflicting mandamus case law that requires careful research before litigants seek appellate review, says Michael Soyfer at Quinn Emanuel.
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Considerations And Calculations For DOJ Clawback Program
The U.S. Department of Justice’s clawback pilot program announced earlier this year presents numerous questions for businesses, and both hypothetical and recent real-world examples capture how companies’ cost-benefit analyses about whether to claw back compensation in exchange for penalty reductions may differ, say Yogesh Bahl and Jonathan Hecht at Resolution Economics.
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How And Why Your Firm Should Implement Fixed-Fee Billing
Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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A Case For The Green Investment Regime Under The ECT
The EU and U.K.'s potential plans to exit the Energy Charter Treaty, which has been criticized as protecting fossil fuel investments to the detriment of energy transition, ignore the significant strides taken to modernize the treaty and its ability to promote investment in cleaner energy forms, say Amy Frey and Simon Maynard at King & Spalding.
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Opinion
Judicial Independence Needs Defense Amid Political Threats
Amid recent and historic challenges to the judiciary from political forces, safeguarding judicial independence and maintaining the integrity of the legal system is increasingly urgent, says Robert Peck at the Center for Constitutional Litigation.
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How Law Firms Can Use Account-Based Marketing Strategies
Amid several evolving legal industry trends, account-based marketing can help law firms uncover additional revenue-generating opportunities with existing clients, with key considerations ranging from data analytics to relationship building, say Jennifer Ramsey at stage LLC and consultant Gina Sponzilli.
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Strategic Succession Planning At Law Firms Is Crucial
Senior partners' reluctance to retire, the rise of the nonequity partner tier and generational differences in expectations are all contributing to an increasing number of departures from BigLaw, making it imperative for firms to encourage retirement among senior ranks and provide clearer leadership pathways to junior attorneys, says Laura Leopard at Leopard Solutions.