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International Arbitration
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February 13, 2024
Wireless Tech Co. Can't Get $12.5M Award OK'd At 4th Circ.
The Fourth Circuit on Tuesday overturned the enforcement of a $12.5 million arbitral award issued in a trade secrets dispute between wireless technology companies, ruling in a published opinion that the lower court lacked jurisdiction under the U.S. Supreme Court's 2022 decision in Badgerow v. Walters.
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February 13, 2024
Indian Pharma Co. Can't Get Fees In $950M COVID Vax Suit
A Seattle federal judge has nixed an Indian generic-drug maker's bid for about $3 million in attorney fees after it prevailed in a biotherapy company's $950 million lawsuit accusing it of stealing its COVID-19 vaccine, saying the maker didn't convince him it spent extra money litigating the suit.
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February 13, 2024
Ship Co. Seeks 5th Circ. Redo On $200M Award Enforcement
A German shipowner has asked the Fifth Circuit to reconsider whether to enforce a $200 million arbitral award it won following a deadly chemical explosion on its vessel, saying it never had a chance to respond to the argument that ultimately led to the decision.
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February 12, 2024
Live Nation Buyers Urge 9th Circ. To Nix Arbitration Rules
Consumers suing Live Nation and Ticketmaster in a proposed antitrust class action have told the Ninth Circuit that a district court correctly ruled the companies' failure to tell ticket buyers they were switching to a new arbitrator is "procedurally unconscionable to an extreme degree."
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February 12, 2024
Kuwaiti Co. Sees $380M Telecom Investment Claim Revived
An annulment committee has revived Agility Public Warehousing Co. KSC's claim accusing Iraq of wrongly rescinding the Kuwaiti logistics contractor's $380 million investment in a Kurdish mobile phone operator called Korek Telecom, said to be Iraq's fastest growing mobile operator.
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February 12, 2024
Andes, Oxy Resolve $392M Ecuadorian Award Fight
An Occidental Petroleum unit has resolved its feud with a Chinese-owned oil company over a $392 million arbitral award stemming from an ill-fated Ecuadorian oil project, a case that Occidental was attempting to appeal all the way to the U.S. Supreme Court.
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February 09, 2024
Live Nation Defends 'Modest' Arbitration Tweaks At 9th Circ
Live Nation Entertainment Inc. told the Ninth Circuit that a California district judge was wrong to remove ticket buyers' antitrust claims from arbitration simply because the company changed arbitrators.
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February 09, 2024
Gateley Hires Nigerian Lawyer To Lead Arbitration In Africa
Gateley Legal's international arbitration team has announced its engagement of a Nigerian qualified disputes lawyer to lead its African practice, saying she will focus on supporting the expansion of the firm's disputes services across multiple jurisdictions.
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February 09, 2024
US Business Group VP Slams Tai's Digital Trade Stance
The National Foreign Trade Council published an essay Friday bashing the U.S. Trade Representative as the odd one out on e-commerce policy among both U.S. lawmakers and international partners, broadcasting the business community's ongoing frustration with the Biden administration.
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February 09, 2024
Industry Groups Call For Wider Effort To Stop Houthi Attacks
More than 100 industry groups are calling for more governments to support military efforts to stop attacks on commercial vessels in the Red Sea by Yemen's Houthi rebels, which they said have disrupted at least $80 billion in cargo in recent months.
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February 09, 2024
EB-5 Visa Fraud Suit Should Be Stayed, Court Hears
A man accused of defrauding green-card hopefuls of millions of dollars through a visa program for foreign investors has asked a Florida federal court to pause claims against him while he appeals a decision refusing to send the case to arbitration.
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February 09, 2024
Court Says 'Catastrophe' Applies In COVID Reinsurance Cases
A London court has allowed insurers to make claims under reinsurance contracts for business interruption losses claimed during the COVID-19 pandemic, saying that the outbreak of an infectious disease constitutes a "catastrophe" under the policy wording.
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February 08, 2024
US Targets Price Cap Evaders, Bans Russian Diamonds
The U.S. sanctioned three Emirati shipping companies on Thursday and a Russian-controlled one registered in Liberia for violating the G7's oil price cap, according to the U.S. Treasury Department, which also blocked a tanker operated by two of them.
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February 08, 2024
Creditors Say Don't Reorder Priority Scheme In Citgo Auction
Creditors of Venezuela that are favorably positioned to recoup billions of dollars they're collectively owed in an upcoming auction for control of U.S. oil giant Citgo urged a Delaware federal judge on Wednesday not to grant a hedge fund's request for a "more equitable" distribution of the proceeds.
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February 08, 2024
Atty In 'The Saudi Sun' Case Seeks Jury Trial Over Sanctions
A Seattle attorney accused of creating a fake newspaper called The Saudi Sun and filing it as a court exhibit is pushing back against a $268,000 sanction order, arguing to the Ninth Circuit that he should have a jury trial first.
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February 08, 2024
Apt. Owners Can't Avoid Arbitrating Ida Damage, Insurers Say
Seven New Orleans-area property owners must submit their Hurricane Ida damage claims to arbitration proceedings regardless of whether one of two foreign conventions applies to the case over the other, a group of 10 insurers told a Louisiana federal court.
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February 08, 2024
EU Says It's Not Debating Sanctions For Broadcaster Carlson
The European Union is not currently discussing any sanctions against U.S. broadcaster Tucker Carlson for what the EU considers is the spreading of Russian propaganda, although each EU country may at any time propose possible media candidates for blacklisting, the European Commission said Thursday.
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February 07, 2024
Longford Argues Patent Settlement Row Must Be Arbitrated
Litigation funder Longford Capital has asked a Delaware federal court to send its dispute over a settlement with Arigna Technology Ltd. to arbitration, saying the arbitration agreement between the two parties is valid despite the Irish patent holding company's claims otherwise.
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February 07, 2024
Forbes Distributor Says Mexican Court Order Must Stand
A distributor of Forbes magazine in Latin America is urging a New York court to nix the media company's bid to overturn a Mexican court injunction barring it from terminating their deal while the companies arbitrate a renewal dispute, saying the request is improper.
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February 07, 2024
Fieldfisher Hires Arbitration Pro For New Amsterdam Practice
Fieldfisher LLP has recruited a dispute resolution specialist from Pogust Goodhead to spearhead a new international arbitration practice it has launched in Amsterdam, as it continues to build out its disputes offering across Europe.
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February 06, 2024
9th Circ. Won't Review $1.3B India Award Fight
The Ninth Circuit on Tuesday refused to revisit its decision overturning the enforcement of a $1.3 billion arbitral award issued to an Indian satellite communications company on jurisdictional grounds, despite a scathing dissent from several judges criticizing the appellate court's outlier position on the relevant issue.
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February 07, 2024
CORRECTED: 9th Circ. Nixes Mexican Movie Co.'s Award Challenge
The Ninth Circuit has agreed with a lower court's enforcement of an arbitral award against a Mexican motion picture distributor in a case involving a California film production company's right to distribute in Latin America the movie "Ava" starring Jessica Chastain. Correction: A previous version of this article's headline has been corrected.
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February 06, 2024
2nd Circ. Won't Nix Award In Telecom Shareholder Fight
The Second Circuit affirmed an arbitration award ordering the sale of a Latin American telecommunications tower after telling the contesting shareholders during oral argument it sounded like they had "buyer's remorse" about choosing arbitration.
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February 06, 2024
11th Circ. OKs Big Lots Widow's $9.6M Win Against Grandsons
The two grandsons of the Big Lots founder's widow owe her estate $9.6 million for mismanaging her fortune, an Eleventh Circuit panel ruled Tuesday, refusing to overturn an arbitration tribunal award after finding that its chairperson had no conflict of interest and that a virtual final hearing was appropriate in the case.
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February 06, 2024
Wimbledon Champ's Doping Ban Appeal Starts Wednesday
The doping ban appeal of Romanian professional tennis player Simona Halep will begin on Wednesday and is expected to wrap up by the end of the week, the Court of Arbitration for Sport said Tuesday.
Expert Analysis
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Lawyer Discernment Is Critical In The World Of AI
In light of growing practical concerns about risks and challenges posed by artificial intelligence, lawyers' experience with the skill of discernment will position them to help address new ethical and moral dilemmas and ensure that AI is developed and deployed in a way that benefits society as a whole, says Jennifer Gibbs at Zelle.
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Don't Forget Alumni Engagement When Merging Law Firms
Neglecting law firm alumni programs after a merger can sever the deep connections attorneys have with their former firms, but by combining good data management and creating new opportunities to reconnect, firms can make every member in their expanded network of colleagues feel valued, say Clare Roath and Erin Warner at Troutman Pepper.
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Mexican Reform Bill Threatens Private Sector Investments
Following the announcement of an extensive and potentially problematic Mexican reform proposal that targets 23 laws, which could considerably affect the private sector and lead to increased arbitration proceedings, businesses and investors in Mexico should prepare for a likely changing legal landscape, say attorneys at Mayer Brown.
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Without Stronger Due Diligence, Attys Risk AML Regulation
Amid increasing pressure to mitigate money laundering and terrorism financing risks in gatekeeper professions, the legal industry will need to clarify and strengthen existing client due diligence measures — or risk the federal regulation attorneys have long sought to avoid, says Jeremy Glicksman at the Nassau County District Attorney’s Office.
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Every Lawyer Can Act To Prevent Peer Suicide
Members of the legal industry can help prevent suicide among their colleagues, and better protect their own mental health, by learning the predictors and symptoms of depression among attorneys and knowing when and how to get practical aid to peers in crisis, says Joan Bibelhausen at Minnesota Lawyers Concerned for Lawyers.
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Building On Successful Judicial Assignment Reform In Texas
Prompt action by the Judicial Conference could curtail judge shopping and improve the efficiency and procedural fairness of the federal courts by implementing random districtwide assignment of cases, which has recently proven successful in Texas patent litigation, says Dabney Carr at Troutman Pepper.
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Using International Arb. To Settle Cannabis Industry Disputes
As cannabis legalization continues in the U.S. and other countries, overseas investors and business owners should consider international arbitration for dispute resolution and assess the enforceability of relevant treaties and arbitration provisions, says Ramsey Schultz at Duane Morris.
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Do Videoconferences Establish Jurisdiction With Defendants?
What it means to have minimum contacts in a foreign jurisdiction is changing as people become more accustomed to meeting via video, and defendants’ participation in videoconferencing may be used as a sword or a shield in courts’ personal jurisdiction analysis, says Patrick Hickey at Moye White.
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Opinion
Humanism Should Replace Formalism In The Courts
The worrying tendency for judges to say "it's just the law talking, not me" in American decision writing has coincided with an historic decline in respect for the courts, but this trend can be reversed if courts develop understandable legal standards and justify them in human terms, says Connecticut Superior Court Judge Thomas Moukawsher.
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Don't Let Client Demands Erode Law Firm Autonomy
As clients increasingly impose requirements for attorney hiring and retention related to diversity and secondment, law firms must remember their ethical duties, as well as broader issues of lawyer development, culture and firm integrity, to maintain their independence while meaningfully responding to social changes, says Deborah Winokur at Cozen O'Connor.
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Opinion
Federal Judge's Amici Invitation Is A Good Idea, With Caveats
An Arkansas federal judge’s recent order — inviting amicus briefs in every civil case before him — has merit, but its implementation may raise practical questions about the role of junior attorneys, economic considerations and other issues, says Lawrence Ebner at the Atlantic Legal Foundation.
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Fox Ex-Producer Case Is A Lesson In Joint Representation
A former Fox News producer's allegations that the network's lawyers pressured her to give misleading testimony in Fox's defamation battle with Dominion Voting Systems should remind lawyers representing a nonparty witness that the rules of joint representation apply, says Jared Marx at HWG.
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Getting International Arbitration Ready For AI
As artificial intelligence systems make their way into international arbitration decision-making processes, arbitral institutions should evaluate the need for rules covering AI that can be adapted as technology continues to advance, say John Barkett and Ricardo Ampudia at Shook Hardy.
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Opinion
Stanford Law Protest Highlights Rise Of Incivility In Discourse
The recent Stanford Law School incident, where students disrupted a speech by U.S. Circuit Judge Kyle Duncan, should be a reminder to teach law students how to be effective advocates without endangering physical and mental health, says Nancy Rapoport at the University of Nevada.
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Dispute Prevention Strategies To Halt Strife Before It Starts
With geopolitical turbulence presenting increased risks of business disputes amid court backlogs and ballooning costs, companies should consider building mechanisms for dispute prevention into newly established partnerships to constructively resolve conflicts before they do costly damage, say Ellen Waldman and Allen Waxman at the International Institute for Conflict Prevention and Resolution.