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International Arbitration
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February 07, 2025
Insurer Escapes Construction Co.'s Suit Over $12.3M Award
A Texas federal judge has ruled that an insurer may exit a construction firm's suit over a $12.3 million arbitral award relating to a $1.35 billion highway project, finding that the firm failed to show that the court has subject matter jurisdiction.
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February 07, 2025
NAFTA Case Useful In Bid To DQ Quinn Emanuel, Judge Says
A Florida federal judge has ruled that a Mexican oil company can use information on dismissed NAFTA arbitration and other documents in a bid to disqualify former counsel Quinn Emanuel, saying the evidence is relevant to underlying litigation over alleged funds transfers.
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February 07, 2025
Dozens Of Nations Join ICC In Condemning Trump Sanctions
The International Criminal Court and a group of 79 countries on Friday condemned President Donald Trump's decision to impose sanctions on the intergovernmental organization, with the ICC saying the move will "harm its independent and impartial judicial work."
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February 06, 2025
Credit Union's Arb. Pact Not Unconscionable, Court Says
A California state appeals court has reversed a ruling finding an arbitration agreement contained in a credit union's employment contract to be unconscionable, saying the JAMS rules incorporated in the pact permit an arbitrator to allow for necessary third-party discovery.
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February 06, 2025
Investors, Italy Tussle Over $23M Awards Enforcement Suit
Renewable energy investors looking to enforce tens of millions of euros worth of arbitral awards against Italy accused the country on Wednesday of trying to prolong the litigation through jurisdictional arguments that the D.C. Circuit has already rejected, while Italy argued that the underlying facts here are different.
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February 06, 2025
Democrats Press Trump's USTR Pick On Tariff Approach
Senate Finance Committee Democrats pressed President Donald Trump's pick for U.S. Trade Representative on Thursday over Trump's universal tariff proposal and the 25% across-the-board tariffs on Canadian and Mexican imports, suspended for one month, arguing that constituents are facing consequences.
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February 05, 2025
Motorcycle Co. Gets $2.7B Mexico Claim Revived
A Canadian appeals court has revived U.S.-based Vento Motorcycles' claim seeking up to $2.7 billion after Mexico allegedly destroyed its business through unfair tariffs, ruling Tuesday that a lower court judge wrongly declined to nix an adverse award despite finding that an arbitrator was potentially biased.
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February 05, 2025
Israeli Co. Accused Of Infringing Soap Dispenser Patent
Bobrick Washroom Equipment Inc. accused Israeli company Y. Stern Engineering (1989) Ltd. of infringing its patent for fluid dispenser technology through the sale of its Lotus Soap Dispenser series in a California federal court Tuesday.
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February 05, 2025
China Hits Trump Tariffs With Mostly Symbolic WTO Challenge
The Chinese government has challenged the Trump administration's new 10% tariff at the World Trade Organization, alleging violations of key global trade rules, even as years of U.S.-led gridlock has rendered the Geneva body mostly defunct as a dispute resolution forum.
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February 05, 2025
Israeli Casino Game Co. Looks To Send Suit To Arbitration
An Israeli developer of mobile and web-based "casino-themed social games" has told a Kentucky federal judge that a woman who accuses the company of smuggling illegal slot machines into players' smartphones and computers must arbitrate her claims, even though she never agreed to its terms.
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February 05, 2025
Ships Biz Asks Top UK Court To Limit Liability For Deadly Fire
A Swiss ship charterer told Britain's highest court on Wednesday that it is entitled to limit its liability under a $200 million arbitral award over a fatal explosion in 2012, arguing that the costs linked to the blast are covered by a liability limitation for damage to cargo.
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February 05, 2025
Guarantors Fight To Stay Russian Boat Lessor's $60M Claim
A group of Cypriot businesses that acted as guarantors for a ship financing deal with a Russian state-owned lessor that soured after the country's invasion of Ukraine have asked a London court to stay the Russian businesses' $60 million claims against them.
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February 04, 2025
Fortis Says $440M 3D Printing Fraud Suit Can Proceed
Fortis Advisors LLC is urging a California federal court not to pause its $440 million fraud suit against Israeli-American 3D printer manufacturer Stratasys Ltd. as the two arbitrate related claims over allegedly miscalculated earn-out payments, saying the litigation must proceed now.
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February 04, 2025
Turkish Construction Co. Wins OK Of $22M Libya Award
A D.C. federal judge on Tuesday enforced a $21.9 million arbitral award against Libya issued by a Swiss tribunal in a dispute over decades-old unpaid public works contracts, rejecting the country's argument that the case should be stayed during parallel enforcement proceedings in Turkey and Curaçao.
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February 04, 2025
1st Circ. Doubts Arbitration Bid 4 Years Into Au Pair Wage Row
The First Circuit on Tuesday questioned an au pair placement agency's assertion that it is still entitled to force wage violation claims into arbitration in Switzerland despite more than four years of U.S. litigation and one prior trip to the appellate court.
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February 04, 2025
UniCredit Bids To Undo Ruling Blocking Gazprom Unit's Claim
UniCredit Bank AG urged an appeals court Tuesday to overturn an order blocking a Gazprom joint venture from bringing a €450 million ($467 million) claim against it in Russia under bond guarantees linked to an aborted gas plant project.
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February 03, 2025
Canada, Mexico Would Likely Get 'Symbolic' Wins On Tariffs
Canada and Mexico inked deals with the Trump administration on Monday to win a 30-day reprieve on a blanket 25% tariff slated to be imposed on nearly all of their U.S.-bound exports. But if the tariffs are eventually enacted and the United States' North American neighbors seek out relief from international tribunals, experts say Washington would probably lose — but that result probably wouldn't change much.
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February 03, 2025
QBE Insurance, Walmart Cite Pending Opioid Appeal In Ark.
Walmart Corp. and a fleet of insurers notified Delaware's Supreme Court Monday that they are awaiting an Arkansas Court of Appeals hearing on challenges to a lower court's finding that Walmart is entitled to excess coverage for state and local government insurance suits arising from the opioid epidemic.
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February 03, 2025
Law Firm Involved In Talc Fee Fight Seeks To Arbitrate Claim
The Smith Law Firm PLLC is urging an Alabama federal judge to compel arbitration of a cross-claim that Porter Malouf brought against it amid a lawsuit over an agreement the two firms and the Beasley Allen Law Firm entered to represent plaintiffs in litigation over Johnson & Johnson's tainted talcum powder.
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January 31, 2025
Justices Implored To Consider Tipster Medical Device Row
A nonprofit formed by Gretchen Carlson, a former Fox News anchor who has advocated against forced arbitration after suing the network's chairman for harassment, has urged the U.S. Supreme Court to consider a whistleblower's challenge to an arbitration award given to a medical device company in a trade secrets dispute.
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January 31, 2025
Ex-Disney Cruise Worker Wants To Dismiss, Not Stay, Suit
A former Disney Cruise Line employee who was fired for testing positive for marijuana use then ordered to arbitrate his wrongful termination dispute in London has asked a Florida federal judge to dismiss his lawsuit instead of keeping it stayed.
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January 31, 2025
India Gets Reprieve In $112M Telecom Award Suit
An Australian appeals court ruled Friday that India can't be held liable for a $112 million arbitral award in a dispute over a terminated deal to deliver communications services, citing a carveout that grants it sovereign immunity in the dispute.
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January 31, 2025
US Chamber Backs Exxon Suit Over Seized Cuba Property
The U.S. Chamber of Commerce urged the U.S. Supreme Court to accept Exxon Mobil Corp.'s challenge of a D.C. Circuit decision that made it harder for the energy giant to seek damages over property that Fidel Castro's government confiscated decades ago in Cuba.
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January 31, 2025
Supreme Court Eyes Its 'Next Frontier' In FCC Delegation Case
A case about broadband subsidies will give the U.S. Supreme Court the chance to revive a long-dormant separation of powers principle that attorneys say could upend regulations in numerous industries and trigger a power shift that would make last term's shake-up of federal agency authority pale in comparison. And a majority of the court already appears to support its resurrection.
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February 07, 2025
Law360 Seeks Members For Its 2025 Editorial Boards
Law360 is looking for avid readers of our publications to serve as members of our 2025 editorial advisory boards.
Expert Analysis
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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Critical Steps For Navigating Intensified OFAC Enforcement
The largely overlooked SkyGeek settlement from the end of 2024 heralds the arrival of the Office of Foreign Assets Control's long anticipated enhanced enforcement posture and clearly demonstrates the sanctions-compliance benefits of immediately responding to blocked payments, says Jeremy Paner at Hughes Hubbard.
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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A Halftime Analysis Of DOJ's Compensation Pilot Program
The U.S. Department of Justice appears to consider the first half of its three-year pilot program on compensation incentives and clawbacks to be proceeding successfully, so companies should expect prosecutors to emphasize the program and other compliance-related considerations early in investigations, say attorneys at Debevoise.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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A Deep Dive Into Singapore's New Int'l Arbitration Rules
The latest revisions to the Singapore International Arbitration Centre's rules, effective as of Jan. 1, contain numerous innovative and industry-leading updates, including new rules on coordinated and emergency procedures, and third-party funding, say attorneys at WilmerHale.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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Overseas Investment Rule Calls For Compliance Caution
Investors should be leery of who and what they are investing in now that the federal outbound investment regime, effective Jan. 2, has extended the governement's regulatory reach to businesses and parties not previously subject to trade restrictions, says Thaddeus McBride at Bass Berry.
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Navigating Arbitration Confidentiality Challenges In Age Of AI
Artificial intelligence is already significantly involved in various aspects of arbitration and posing challenges for maintaining confidentiality, but relatively quickly implementable practices can be utilized as safeguards as AI tools continue to be integrated, says David Coher at CoherADR.
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The 7th Circ.'s Top 10 Civil Opinions Of 2024
Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.