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International Arbitration
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February 23, 2024
Russia Loses Appeal Of Olympics Suspension, Funding Ban
The Court of Arbitration for Sport on Friday dismissed Russia's bid to reverse the International Olympic Committee's decision to strip its official status after it attempted to absorb Ukrainian sports organizations following the 2022 invasion of the country.
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February 22, 2024
10th Circ. Won't Enforce $2.3M Award In Shipping Feud
The Tenth Circuit has shut down a shipowner's bid to enforce a $2.3 million arbitral award against a charterer's founder following a dispute over a stymied Venezuelan oil shipping deal, rejecting arguments that the shipowner could hold the founder liable as his company's alter ego.
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February 22, 2024
Aviation Services Co. Seeks OK Of $5M Niger Award
An aviation company incorporated in Luxembourg has asked a D.C. federal court to confirm a final arbitral award of €4.8 million, approximately $5 million, stemming from the Republic of Niger's expropriation of a ground handling services enterprise in which the company has invested.
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February 22, 2024
First-Ever Anti-Doping Act Defendant Sentenced To 3 Months
A "naturopathic" therapist who distributed performance-enhancing drugs during training for the Tokyo Olympics in 2021 has been sentenced to three months in prison by a New York federal judge, becoming the first-ever defendant to receive time in jail under the Rodchenkov Anti-Doping Act.
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February 22, 2024
Biz Group Urges OECD Candidates To Back Digital Duties Ban
The U.S. Council for International Business laid out its priorities for countries vying to be members of the Organization for Economic Cooperation and Development, looking to garner support for a global moratorium on digital tariffs that is set to expire in a week.
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February 22, 2024
Judge Irked By Arbitration Ask Years Into Au Pair Wage Case
A Massachusetts federal judge on Thursday twice lobbed the phrase "judge shopping" at lawyers for an au pair placement agency that, four years into a proposed collective wage action by former child care workers, now want the case sent to arbitration in Switzerland.
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February 21, 2024
Contractor Says Lima Merits Sanctions In $140M Award Row
A municipal contractor has asked a D.C. federal court to sanction Lima, Peru, for prolonging its efforts to enforce nearly $140 million in arbitral awards it won over a highway contract that went awry, saying the city has unnecessarily prolonged the dispute with two actions.
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February 21, 2024
Justices Urged To Turn Away $285M Panama Canal Award Suit
The operator of the Panama Canal on Tuesday urged the U.S. Supreme Court to turn away a case in which $285 million in arbitral awards are being challenged over an arbitrator's "evident partiality," saying close relationships between arbitrators are so "ubiquitous" in international arbitration that they are unremarkable.
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February 21, 2024
ByteDance Can't Yet Arbitrate Ex-Coder's Wrongful Firing Suit
A California federal judge declined to send a former ByteDance Inc. engineer's wrongful termination suit to arbitration, writing in a ruling made public Tuesday that there are factual disputes over whether he signed employment agreements containing arbitration clauses, saying the matter should be resolved via a jury trial.
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February 21, 2024
Boies Schiller Hires White & Case Int'l Arbitration Atty In DC
Boies Schiller Flexner LLP announced Wednesday that it has added a longtime White & Case LLP partner to its international arbitration group in Washington, D.C.
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February 21, 2024
International Trade Group Of The Year: White & Case LLP
White & Case LLP successfully countered anti-dumping duties on lemon juice imports from Brazil for agriculture giant Louis Dreyfus Co. Sucos, scored a rare suspension agreement to halt the U.S. government's anti-dumping and countervailing duty investigations into imports of white grape juice concentrate from Argentina, and it helped Mercedez-Benz escape political instability in Russia, earning the firm a spot among Law360's 2023 International Trade Groups of the Year.
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February 21, 2024
Judge Threatens Ex-Trump Aide With Contempt Over Records
A D.C. federal judge threatened to hold a Trump-era White House aide in contempt for his continuing failure to turn over all the records covered by the Presidential Records Act to the U.S. government.
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February 20, 2024
US Small Businesses Have Most To Lose From Digital Duties
The possible demise of an international moratorium on tariffs for digital products, including software and media downloads, could cut into small businesses' profits and create compliance burdens for the companies that survive.
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February 20, 2024
Dutch Court Rejects Russia's Appeal Of $50B Yukos Awards
Russia on Tuesday lost its last-ditch appeal to overturn $50 billion in arbitral awards issued a decade ago to former shareholders of Yukos Oil Co., once the country's largest oil company, after it was seized by the Kremlin amid allegations of allegedly phony tax debts.
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February 20, 2024
WTO Says Revised Duties On Spanish Olives Still Out Of Line
The World Trade Organization called on the U.S. to fix revised countervailing duties on Spanish olives, ruling Tuesday that the duties are still not in compliance with its 2021 decision rejecting the investigation that resulted in the tariffs.
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February 20, 2024
Ex-BigLaw Atty Avoids Prison For Ch. 11 Lies
A former BigLaw partner on Tuesday was spared any prison time for lying to a New York bankruptcy court in his 2022 personal Chapter 11 case, in an attempt to shield his assets from creditors.
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February 20, 2024
No Coverage For Firm In Haiti Malpractice Suit, Insurer Says
An insurance company has asked a Washington federal court to declare it does not have to cover a Seattle law firm facing a $31 million New York federal malpractice case stemming from its representation of a Haitian agency in a petroleum contract arbitration, arguing the firm breached the insurance agreement by lying on its application.
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February 20, 2024
Justices Won't Weigh Nonsignatory Arbitration Issue
The U.S. Supreme Court won't take up an oil and gas company's bid to clear up whether a nonsignatory to an arbitration agreement may play the arbitration card, the justices said Tuesday.
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February 20, 2024
Validity Of $2B Venezuelan Bonds Remains Unresolved In NY
New York's highest court on Tuesday cleared a path for Venezuela's state-owned oil company to argue that nearly $2 billion in defaulted bonds are invalid under its domestic law, saying the validity question can now be answered by the federal courts.
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February 16, 2024
'No Respect': 2nd Circ. Judge Chides Dissatisfied Arb. Users
A Chinese cinema magnate's argument that he was inadequately notified of an arbitration that led to a $457 million penalty had a Second Circuit judge invoking the 1972 classic film "The Godfather" on Friday, as he criticized parties who only come to court to complain after the fact.
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February 16, 2024
Trade Dispute Reform Draft Emphasizes Mediation
A draft agreement for overhauling the World Trade Organization's dispute settlement process circulated Friday proposes a new emphasis on the institution's alternatives to the formal litigation process that the U.S. has criticized as exclusionary and inefficient.
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February 16, 2024
Canada Liable Under NAFTA For Axed LNG Project, Co. Says
A U.S. company that invested at least $120 million in a since-thwarted liquefied natural gas project maintained that Canada is liable for $1 billion in damages for breaches of the North American Free Trade Agreement, and that the International Centre for Settlement of Investment Disputes has jurisdiction over its claims.
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February 16, 2024
EU Launches First In-Depth Foreign Subsidy Probe
The European Commission is launching an investigation into whether state assistance gave a Chinese train manufacturer a leg up in its bid for a Bulgarian government contract, the authority's first investigation under the European Union's new foreign subsidies regulation.
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February 16, 2024
Ex-FBI Field Boss Gets 28 Months For Foreign Payouts
A former FBI field office supervisor was sentenced Friday to 28 months in prison for failing to disclose a $225,000 payment that he received from a former Albanian intelligence official while overseeing counterintelligence matters at the bureau.
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February 16, 2024
International Arbitration Group Of The Year: King & Spalding
King & Spalding LLP won a $16 billion victory against the Republic of Argentina for former shareholders of YPF SA in what the firm said is the largest U.S. judgment ever against a sovereign nation — and one of the largest U.S. judgments ever — landing it among Law360's 2023 International Arbitration Groups of the Year.
Expert Analysis
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Tackling Judge-Shopping Concerns While Honoring Localism
As the debate continues over judge-shopping and case assignments in federal court, policymakers should look to a hybrid model that preserves the benefits of localism for those cases that warrant it, while preventing the appearance of judge-shopping for cases of a more national or widespread character, says Joshua Sohn at the U.S. Department of Justice.
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Perspectives
How Attorneys Can Help Combat Anti-Asian Hate
Amid an exponential increase in violence against Asian American and Pacific Islander communities, unique obstacles stand in the way of accountability and justice — but lawyers can effect powerful change by raising awareness, offering legal representation, advocating for victims’ rights and more, say attorneys at Gibson Dunn.
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Opinion
Congress Needs To Enact A Federal Anti-SLAPP Statute
Although many states have passed statutes meant to prevent individuals or entities from filing strategic lawsuits against public participation, other states have not, so it's time for Congress to enact a federal statute to ensure that free speech and petitioning rights are uniformly protected nationwide in federal court, say attorneys at Skadden.
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Alstom Arb. Case Shows 3 Approaches To Corruption Claims
French, English and Swiss courts have provided differing assessments of post-award corruption allegations in the long-running case Alexander Brothers v. Alstom, which is clearly undesirable, and may affect arbitration tactics, says Harriet Chopra at Fladgate.
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5 Insider-Threat Reminders After Recent DOJ Prosecutions
Three recent U.S. Department of Justice actions may well lead to much greater scrutiny of companies in which insiders engage in a variety of corporate misconduct, including conducting or enabling cybercrimes, which will likely fall not just on government contractors, but across industries and geographies, say attorneys at Paul Weiss.
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Applying The Singapore Convention In UK: The Key Questions
While the U.K. government's recent decision to join the Singapore Convention is welcome, the hard work arguably starts now in devising the domestic rules to implement it, which should not be treated as a straightforward exercise, says Jan O'Neill at Herbert Smith.
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Some Client Speculations On AI And The Law Firm Biz Model
Generative artificial intelligence technologies will put pressure on the business of law as it is structured currently, but clients may end up with more price certainty for legal services, and lawyers may spend more time being lawyers, says Jonathan Cole at Melody Capital.
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10th Circ. Highlights US Court Discretion On Arbitral Awards
The Tenth Circuit's recent decision enforcing an arbitral judgment against a Mexican cement company even after it was annulled in Bolivia could signal an expansion in district courts' discretionary powers over motions to enforce foreign arbitral awards, say Max Chester and Parker White at Foley & Lardner.
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US Security Exception Proposal May Undermine The WTO
A U.S. proposal, floated earlier this month, to clarify that the General Agreement on Tariffs and Trade's essential security exception is wholly self-judging would provide an unfettered ability for a country to avoid any of its World Trade Organization obligations, further destabilizing the WTO and international rule of law, say attorneys at Akin Gump.
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A Lawyer's Guide To Approaching Digital Assets In Discovery
The booming growth of cryptocurrency and non-fungible tokens has made digital assets relevant in many legal disputes but also poses several challenges for discovery, so lawyers must garner an understanding of the technology behind these assets, the way they function, and how they're held, says Brett Sager at Ehrenstein Sager.
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Opinion
High Court's Ethics Statement Places Justices Above The Law
The U.S. Supreme Court justices' disappointing statement on the court's ethics principles and practices reveals that not only are they satisfied with a status quo in which they are bound by fewer ethics rules than other federal judges, but also that they've twisted the few rules that do apply to them, says David Janovsky at the Project on Government Oversight.
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Opinion
Time For Law Schools To Rethink Unsung Role Of Adjuncts
As law schools prepare for the fall 2023 semester, administrators should reevaluate the role of the underappreciated, indispensable adjunct, and consider 16 concrete actions to improve the adjuncts' teaching experience, overall happiness and feeling of belonging, say T. Markus Funk at Perkins Coie, Andrew Boutros at Dechert and Eugene Volokh at UCLA.
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Investment Arbitration May Aid Stakeholders In Russian Cos.
Though Russian countermeasures against international sanctions have caused many foreign investors' assets to become trapped in Russia, arbitration mechanisms provide investors with opportunities to recover significant monetary damages for their losses, say Eric Leikin and Photeine Lambridis at Freshfields.
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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.