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International Arbitration
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July 02, 2024
Samsung Doesn't Owe $4M In Arbitration Fees, 7th Circ. Says
The Seventh Circuit has ruled that Samsung need not pay $4 million in individual arbitration fees for 35,000 consumers claiming the electronics giant illegally collected their biometric data, saying Monday that under their purchase agreement terms the consumers could have advanced the fees if they wanted their claims arbitrated.
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July 02, 2024
Gov. Says Ky. Tower's Sale Didn't Cancel Ties To Laundering
Prosecutors and a pair of Miami businessmen have traded briefs over preserving the government's case in Florida federal court to seize $9.1 million from the sale of a Louisville, Kentucky, tower over alleged ties to a Ukrainian money laundering operation.
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July 02, 2024
Quinn Emanuel Expands Asia Offerings With Singapore Office
Quinn Emanuel Urquhart & Sullivan LLP has expanded its international offerings by opening a new office location in Singapore, the firm said Tuesday.
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July 02, 2024
Dentons Adds Ex-Seyfarth Int'l Disputes Co-Chair In DC
Dentons has hired the former co-chair of Seyfarth Shaw LLP's international disputes resolution group, who joins the firm's Washington, D.C., office to help clients on engineering, construction and development project matters, the firm announced Tuesday.
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July 01, 2024
Guatemala Says $31M Award Can't Be Enforced In U.S.
Guatemala told a D.C. federal court on Friday that litigation filed by a construction and engineering firm to enforce $31 million in arbitral awards against it must be tossed, saying the underlying arbitration and dispute are entirely Guatemalan in nature.
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July 01, 2024
No Resolution In Sight For Trade Pact Auto Rules Dispute
The U.S. automotive industry is weighed down by a trade dispute over treaty requirements to source locally manufactured parts and uncertainty regarding how the rules will apply to electric vehicles, the Office of the U.S. Trade Representative said in a report Monday.
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July 01, 2024
German Co. Says Burford Fight Can Be Litigated
A company suing the German arm of law firm Hausfeld LLP for allegedly trying to circumvent a German ban on contingency fees in certain antitrust litigation is arguing that its discovery request to litigation funder Burford Capital for use in the Hausfeld litigation doesn't belong in arbitration in London.
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June 28, 2024
Chevron's End Is Just The Start For Energized Agency Foes
By knocking down a powerful precedent that has towered over administrative law for 40 years, the U.S. Supreme Court's right wing Friday gave a crowning achievement to anti-agency attorneys. But for those attorneys, the achievement is merely a means to an end, and experts expect a litigation blitzkrieg to materialize quickly in the aftermath.
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June 28, 2024
In Chevron Case, Justices Trade One Unknown For Another
The U.S. Supreme Court's decision to overrule a decades-old judicial deference doctrine may cause the "eternal fog of uncertainty" surrounding federal agency actions to dissipate and level the playing field in challenges of government policies, but lawyers warn it raises new questions over what rules courts must follow and how judges will implement them.
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June 28, 2024
Knicks-Raptors Clash Belongs In Arbitration, Judge Rules
The dispute between the New York Knicks and Toronto Raptors over an employee jumping from one franchise to another belongs in arbitration before the NBA commissioner, a Manhattan federal judge ruled on Friday, calling the Knicks' efforts to keep it in court instead "an airball.''
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June 28, 2024
Colombia Fends Off Real Estate Project Seizure Claim
Colombia has claimed an "unprecedented" victory in an arbitration initiated by a group of U.S. investors seeking hundreds of millions of dollars after their real estate development project was seized over allegations that the project had connections with illegal activity.
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June 28, 2024
Shearman Veteran To Step Down After 47 Years
Allen Overy Shearman Sterling of counsel Henry Weisburg, an international arbitration specialist and veteran of Shearman & Sterling LLP for nearly five decades, will be stepping back from the firm on Monday in a move that he says will enable him to accept appointments as an arbitrator with fewer conflicts.
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June 28, 2024
Bank Shareholders Win $800K In Venezuelan Takeover Suit
Shareholders in a small Miami bank won an $800,000 award Thursday after a federal jury found two of the five board members accused of working for the Venezuelan government liable for the bank's financial difficulties.
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June 27, 2024
DOJ Defends Transport Monopoly Charges In Antitrust Case
Federal prosecutors have opposed an accused conspirator's bid to dismiss charges against him in an antitrust case claiming he's one of a dozen individuals who monopolized cross-border sales of used vehicles and other goods from the U.S. to Central America through violence.
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June 27, 2024
Texas Co. Says Mexican Utility's Award Should Stay Private
An Austin-based infrastructure company has urged a Texas federal court to toss litigation filed by Mexico's state-owned electric company as the power utility looks to publicize an arbitration award between them over a natural gas supply contract, saying the award should remain under wraps.
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June 27, 2024
4th Circ. Dismisses Chinese Currency Issues In $3.6M Award
The Fourth Circuit on Thursday shut down an argument that enforcing a $3.6 million Hong Kong arbitral award would violate U.S. public policy by allowing the winning party to skirt Chinese currency controls, in a dispute stemming from the organization of a real estate development firm.
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June 26, 2024
Construction Co. Targets Insurer Over $12.3M Arbitral Award
A unit of Spanish infrastructure giant Ferrovial SA is urging a federal court to order Hudson Specialty Insurance Co. to pay a $12.3 million arbitral award that relates to a $1.35 billion project to construct sections of a central Texas highway that boast the nation's highest speed limit.
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June 26, 2024
Subway Franchisor Must Keep Paying Co. During Arbitration
A New York federal judge has granted a development company's petition to confirm an arbitrator's order requiring the Subway sandwich chain's Canadian franchisor to continue making payments on their pact while they arbitrate a contractual dispute.
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June 26, 2024
Consultancy Broadstone Warns Insurers Of Geopolitical Risks
Insurers could risk a reduction in business, higher claims frequency, and investment and operational losses due to the world's major geopolitical upheavals, a consultancy warned Wednesday.
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June 25, 2024
John Fogerty Aussie Music Festival Fight Sent To Arbitration
An Australian judge has ordered an event management company to submit to arbitration in California to resolve a dispute with John Fogerty — the former lead singer of the 1960s and '70s rock band Creedence Clearwater Revival — over a soured deal to headline a music festival in Queensland.
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June 25, 2024
Court Finds Russia Responsible For Human Rights Violations
An international court ruled unanimously Tuesday that Russia has committed human rights violations in Crimea following its 2014 invasion of the disputed peninsula by carrying out abductions, raids of private homes and other actions that contributed to a broader effort to stifle dissent.
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June 25, 2024
Texas Man Says Injury Claim Against Shell Can't Be Arbitrated
A Texas man whose foot had to be amputated following an accident on a Nigerian offshore drilling rig is fighting a Shell subsidiary's bid to send the personal injury dispute to arbitration in the Netherlands, saying the company has been actively litigating the case for years.
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June 25, 2024
Snell & Wilmer Adds Kirkland IP Partner In DC
A longtime Kirkland & Ellis LLP litigator has jumped to Snell & Wilmer LLP's intellectual property group in Washington, D.C., the firm announced Monday.
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June 24, 2024
9th Circ. Upholds Fine For Fake News In $18B Chevron Case
The Ninth Circuit has affirmed a $268,000 fine against a Seattle attorney for filing a fake newspaper article as a court exhibit in an attempt to bolster his clients' efforts to enforce a nearly $18 billion arbitral award against Chevron.
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June 24, 2024
Miner Wins $9.6M In Royalty Fight With Colombia
An international tribunal ordered Colombia to pay $9.56 million to a British mining and metals company following a dispute over royalties collected on a nickel mine, as the tribunal concluded that there had been "irregularities" in the way the country calculated the amount due.
Expert Analysis
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Int'l Arbitration Doesn't Have To Be Slow And Expensive
Anton Maurer at JAMS offers a series of practice points aimed at reducing the cost and delays of international arbitration, such as avoiding overbroad document discovery, without harming the result of the proceedings.
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AI Can Help Lawyers Overcome The Programming Barrier
Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.
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A Look At Enforcing And Contesting Arbitral Awards In Qatar
As Qatar aspires to become a regional investment hub as part of its Qatar Vision 2030, it has committed to modernizing its arbitration practices in accordance with international standards, including updating the process of enforcing and contesting arbitration awards, say attorneys at Crowell & Moring.
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Preparing Law Students For A New, AI-Assisted Legal World
As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.
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General Counsel Need Data Literacy To Keep Up With AI
With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.
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Navigating Discovery Of Generative AI Information
As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.
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Finding Focus: Strategies For Attorneys With ADHD
Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.
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Protecting The Arbitral Process In Russia-Related Disputes
Four recent High Court and Court of Appeal rulings concerning anti-suit injunction claims illustrate that companies exposed to litigation risk in Russia may need to carefully consider how to best protect their interests and the arbitral process with regard to a Russian counterparty, say lawyers at Linklaters.
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Attorneys, Law Schools Must Adapt To New Era Of Evidence
Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.
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RSA Insurance Ruling Clarifies Definition Of 'Insured Loss'
A London appeals court's recent ruling in Royal & Sun Alliance Insurance v. Tughans, that the insurer must provide coverage for a liability that included the law firm's fees, shows that a claim for the recovery of fees paid to a firm can constitute an insured loss, say James Roberts and Sophia Hanif at Clyde & Co.
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Best Practices For Cos. Navigating US-China Investigations
Given recent enforcement trends and the broad jurisdictional reach of U.S. laws, companies with operations in China must enhance their compliance programs in order to balance new corporate enforcement expectations with Chinese data protection and privacy requirements, say attorneys at Paul Hastings.
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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.