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International Arbitration
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August 29, 2024
Venezuela Ordered To Pay $468M To Packaging Co.
A Dutch subsidiary of Irish sustainable packaging company Smurfit Westrock has been awarded more than $468 million after an international tribunal ruled on Wednesday that Venezuela violated an underlying treaty when it seized the company's operations in the country six years ago.
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August 29, 2024
50 Cent's Liquor Biz Wins Ch. 7 Fight Over Ex-Boss's House
A onetime international liquor trader for rap artist 50 Cent's booze business has lost a bid to protect his Connecticut residence from Sire Spirits LLC's attempt to recover a $7 million New York fraud judgment, with a bankruptcy judge applying a lower state homestead exemption than the indebted trader requested.
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August 29, 2024
Aon Unit Accuses Chinese Bank Of $2.8B Reinsurance Fraud
An Aon PLC subsidiary has accused one of China's largest banks in New York state court of helping a now-bankrupt insurtech company engage in a multibillion-dollar scheme to defraud the subsidiary and cedent insurers in reinsurance transactions, seeking to recover at least $140 million in lost premiums from the bank.
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August 29, 2024
Quinn Emanuel Seeks DC Circ. Rehearing In $486M Award Fight
Quinn Emanuel Urquhart & Sullivan LLP has asked the D.C. Circuit to reconsider its ruling in a dispute over the firm's authority to represent a port operator in a long-running legal battle with the Republic of Djibouti.
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August 29, 2024
Law Firm Can Use Client Comms To Fight Conspiracy Claim
A commercial law firm and its solicitor can fully plead their defenses against claims of conspiracy, a London court has ruled, finding that details of communication with clients are not limited by legal professional privilege because of a recently clarified legal exception.
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August 28, 2024
5th Circ. Says Aviation Treaty Can't Apply To Airline Injury Suit
The Fifth Circuit has ruled in a matter of first impression that an international treaty governing in-flight injuries does not create personal jurisdiction over an airline in the U.S. because the treaty lacks the necessary language to establish such a case's correct venue.
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August 28, 2024
Citgo Auction Delayed Again, This Time Till November
A Delaware federal judge has adjourned until November a closely watched sales process for Citgo's parent company — an auction aimed at satisfying billions of dollars' worth of Venezuelan debt — in order to provide a court-appointed special master more time to vet a yet undisclosed bidder.
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August 28, 2024
Businessman Can't Force $1B Gramercy Suit Into Arbitration
A Wyoming federal judge has ruled that Gramercy Funds Management will not have to arbitrate its racketeering lawsuit accusing a Ukrainian businessman of fraudulently transferring more than a billion dollars from his agricultural business, a debtor of the Connecticut-based hedge fund.
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August 28, 2024
Russia Seeks Pause On $5B Naftogaz Award Suit
Russia thinks that the D.C. federal court overseeing a bid by Ukraine's state-owned oil and gas company to enforce a $5 billion arbitral award over the seizure of its Crimean assets ought to pause the matter while proceedings in the Netherlands play out.
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August 28, 2024
Venezuela Argues For Pause In Chemical Co. Seizure Suit
Venezuela is asking the Eleventh Circuit to put litigation accusing the country of unlawfully seizing a chemical company over sham drug charges on hold until the U.S. Supreme Court weighs in on an expropriation case Holocaust survivors are pursuing against the Hungarian government.
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August 28, 2024
Lloyd's Says $5M NJ Settlement Fight Must Be Arbitrated
Lloyd's of London underwriters have told a New Jersey federal court that a man who was falsely imprisoned must arbitrate his dispute over the payment of a $5 million settlement from the city of Trenton, saying a provision in the city's policy requires arbitration.
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August 28, 2024
Pa. Justices To Mull 'Click-Through' Arbitration Agreements
The Supreme Court of Pennsylvania will review a ruling that so-called "click-through" terms of service for apps and online forms don't give users adequate notice that they are often waiving their rights to a jury trial, according to an order issued Tuesday.
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August 27, 2024
Mobile Game Co. Pushes For Arbitration Of Deceptive Claims
Papaya Gaming has asked a New York federal court to send a proposed class action accusing the Israeli mobile game developer of false advertising and deceptive practices to arbitration, saying the lead plaintiff agreed to arbitrate any disputes when she first created her account.
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August 27, 2024
Gharavi Threatens Defamation Suit In Chiles Controversy
Prominent arbitrator Hamid Gharavi is accusing the authors of a viral article questioning whether he should have been conflicted off the tribunal that stripped U.S. gymnast Jordan Chiles of her Olympic bronze medal of defamation, saying they exposed him to "public hatred, threats and disgrace."
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August 27, 2024
Clark Hill Adds Atty In NYC From Schoeman Updike
Clark Hill PLC said Tuesday that it is bringing a litigator to its New York City office as a member, one with a focus on financial services and business disputes as well as experience ranging from intellectual property to real estate issues.
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August 27, 2024
Sony, Zee Drop Dispute Over Failed $10B India Media Deal
Zee Entertainment and Sony Group's India unit have reached a noncash settlement to end their dispute over the $10 billion merger deal that unraveled earlier this year, with the companies stating Tuesday they will withdraw all legal claims against each other.
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August 26, 2024
Businessmen Say Feds' Ky. Tower Seizure Suit Can't Proceed
Two Miami businessmen have objected to a federal magistrate judge's recommendation opposing their attempt to toss litigation by the U.S. government as it looks to seize about $9.1 million from the sale of a Kentucky office tower, saying the United States can't prove its case.
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August 26, 2024
Firm Wants Award Nixed Over DLA Piper, Arbitrator Ties
Fortis Advisors is urging a Delaware court to vacate an arbitral award favoring gaming company Stillfront following its 2019 purchase of a Canadian video game company, arguing that an accounting firm hired to adjudicate the dispute and Stillfront's counsel at DLA Piper hid a "web of relationships" between them.
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August 26, 2024
$1.65B Award For Iraqi Telecom Confirmed By Pa. Court
A Pennsylvania federal judge confirmed Iraq Telecom's $1.65 billion international arbitration win over Kurdish mobile operator Korek Telecom Co. last week, saying that Korek was too late in arguing that its lawyers lacked authorization to consent to the court's jurisdiction in the case.
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August 26, 2024
4th Circ. Won't Free Insurance Mogul From $524M Judgment
Convicted insurance mogul Greg Lindberg was dealt a blow by the Fourth Circuit on Monday when the court found that he was liable for a $524 million arbitration award stemming from a fight over a reinsurance agreement with an insurer.
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August 23, 2024
Justices Urged To Tackle Arbitral 'Manifest Disregard' Split
A former Morgan Stanley financial adviser is asking the U.S. Supreme Court to review an appellate panel's refusal to toss the bank's arbitral award and revive his $13.7 million counterclaims, arguing that the dispute presents the ideal vehicle to resolve the "clear" circuit split over whether "manifest disregard of the law" remains a valid ground for vacating such awards.
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August 23, 2024
Cypriot Cos. Say Serbia Must Face $32M Real Estate Claim
A group of Cypriot companies claiming that the Republic of Serbia owes them about $32 million for allegedly expropriated real estate are urging an international tribunal not to toss their claims, saying the country asserts wrongly that the arbitral body doesn't have jurisdiction in the dispute.
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August 23, 2024
Court Urged To Reject Stay In $4.8M Panama Arbitration Row
A Miami businessman and his construction company fired back Thursday against a request from the Republic of Panama seeking to pause discovery in their ongoing battle over a $4.8 million arbitral award against him, arguing that Panama failed to follow court rules before filing the motion and that the delay isn't warranted.
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August 23, 2024
Ex-Womble Bond IP Partners Join New Model Firm In NY
Two former Womble Bond Dickinson intellectual property partners have moved to new model law firm Potomac Law Group's intellectual property practice, according to the firm's announcement.
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August 22, 2024
Subway Franchisor Can't Strike 19 Words From Ruling
A New York federal judge denied a bid Thursday by the Subway sandwich chain's Canadian franchisor to amend his order granting a development company's petition to enforce an arbitral award, refusing to strike 19 words from his opinion.
Expert Analysis
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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.
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Int'l Treaties May Aid Investors Amid UK Rail Renationalization
The recently introduced Passenger Railway Services Bill seeks to return British railways to public ownership without compensating affected investors, a move that could trigger international investment treaty protections for obligation breaches, says Philipp Kurek at Signature Litigation.
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.
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Loper Bright Limits Federal Agencies' Ability To Alter Course
The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.
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Series
Teaching Scuba Diving Makes Me A Better Lawyer
As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.