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International Arbitration
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December 06, 2024
High Court Bar's Future: Gupta Wessler's Jennifer Bennett
As a litigator for workers and consumers, Jennifer D. Bennett made her debut at the U.S. Supreme Court at an inauspicious time, when conservative justices were consistently helping corporations move major cases onto advantageous turf in arbitration. But since then, Bennett has amassed a flawless argument record and helped to turn the tide, making her one of the high court's most promising young advocates.
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December 05, 2024
Insurers Say Hurricane Damage Suit Still Must Be Arbitrated
A group of insurers is urging a Louisiana federal court not to reopen litigation over millions of dollars of hurricane damage that was previously ordered into arbitration, saying a new decision on the arbitration of insurance matters from the state's top court doesn't trump a related Fifth Circuit opinion.
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December 05, 2024
3rd Circ. Affirms ConocoPhillips Ruling On $8.5B Debt
The Third Circuit on Thursday affirmed a ruling paving the way for ConocoPhillips' participation in an auction for control of the U.S. oil giant Citgo to enforce an $8.5 billion debt against Venezuela.
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December 05, 2024
Justices Told 9th Circ. Got Test Wrong In $1.3B Award Fight
Indian satellite communications company Devas Multimedia and its shareholders have each submitted briefs to the U.S. Supreme Court urging the justices to nix the Ninth Circuit's decision to refuse enforcement of a $1.3 billion arbitral award against a state-owned division of India's space agency.
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December 04, 2024
$486M Djibouti Award Fight Settled In DC
A port operator has agreed to end litigation to enforce a $486 million arbitral award issued against Djibouti, several months after the D.C. Circuit ruled that Quinn Emanuel Urquhart & Sullivan LLP would have to prove it had authority to represent the company.
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December 04, 2024
Guo Trustee Balks At Boies Schiller's Clawback Transfer Bid
The Chapter 11 trustee overseeing Chinese exile Miles Guo's bankruptcy in Connecticut says Boies Schiller Flexner LLP should not be allowed to move a nearly $654,000 clawback action from bankruptcy court to district court, suggesting a bankruptcy judge is better poised to consider his asset recovery theories.
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December 04, 2024
Chinese Semiconductor Co. Seeks OK Of Emergency Award
A Chinese semiconductor company has asked a California federal court to enforce an emergency arbitral award barring a commodity trading firm from dissipating its assets as the two companies arbitrate a $5.4 million dispute over a botched contract for two lithography machines.
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December 03, 2024
DC Circ. Won't Revisit Energy Cos.' $377M Suits
The D.C. Circuit will not rehear a case brought by renewable energy investors looking to enforce some $377 million in arbitral awards against Spain over nixed economic incentives, declining to revisit its ruling over the summer that the awards can be enforced.
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December 03, 2024
DOJ Plans To Seize $3.4M From Sanctioned Russian Oligarch
The U.S. Department of Justice is looking to seize $3.4 million from Russian oligarch Oleg Deripaska based on the sale of a music studio in Burbank, California, saying he must forfeit the sale proceeds because they're linked to his sanctions violations.
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December 03, 2024
Justices Skeptical Of Hungary Holocaust Seizure Fight Ruling
A D.C. Circuit decision greenlighting expropriation claims brought by Holocaust survivors against Hungary may be in jeopardy after a hearing Tuesday during which the U.S. Supreme Court appeared receptive to arguments that the historical commingling of assets is not enough to overcome the country's sovereign immunity.
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December 03, 2024
Former OFAC Official Joins Hughes Hubbard In DC
Hughes Hubbard & Reed LLP has announced that a former lead sanctions investigator and analyst at the Office of Foreign Assets Control has joined the firm's Washington, D.C., office as a partner in its sanctions, export controls and anti-money laundering practice.
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December 02, 2024
Russia Looks To 4 FSIA Cases In Bid To Stay $5B Award Suit
Russia urged a D.C. federal judge to pause a case against it by a Yukos Oil Co. unit seeking to enforce $5 billion in arbitral awards, saying Monday that four parallel Foreign Sovereign Immunities Act cases are pending before the Supreme Court and the D.C. Circuit that could affect the suit.
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December 02, 2024
Two Latham Lawyers In Paris Head To De Gaulle Fleurance
Two international arbitration lawyers have departed Latham & Watkins Paris to join French firm De Gaulle Fleurance & Associes, where they plan to help launch an Ibero-American disputes practice.
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December 02, 2024
ByteDance Says Ex-Worker Can't Avoid Counterclaims
TikTok's parent company, ByteDance, says a former engineer shouldn't be able to dodge its counterclaims in a dispute stemming from his termination, arguing that just because he wants to drop his allegations doesn't mean those counterclaims are moot.
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December 02, 2024
Mining Cos. Ask Justices To Sink Peruvians' Pollution Claims
The Renco Group Inc., owned by U.S. billionaire Ira Rennert, has asked the U.S. Supreme Court to overturn an Eighth Circuit ruling that greenlit a lawsuit filed by more than 2,000 Peruvians who are seeking to hold The Renco Group and other companies liable for alleged lead poisoning tied to a smelting and refining complex in rural Peru.
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November 27, 2024
Ex-Disney Cruise Line Employee's Claim Sent To London
A Florida federal judge has ordered a former Disney Cruise Line employee to arbitrate in London his claim that the company wrongly fired him after he twice tested positive for marijuana, disagreeing with the man that Disney had waited too long to file its bid for arbitration.
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November 27, 2024
Special Master In Citgo Sale Suit Goes Back To Drawing Board
The special master overseeing the sale of Citgo's parent company in a proceeding aimed at satisfying billions of dollars in Venezuelan debt has agreed to abandon his proposed sales plan after it became clear how little support it had garnered from creditors, he told a Delaware judge on Tuesday.
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November 27, 2024
Stephenson Harwood Says Trade Export Co. Owes $100K In Fees
U.K.-based Stephenson Harwood LLP has sued an Alabama trade export company that specializes in Latin America, saying it owes more than $100,000 in legal fees after the law firm pursued arbitration on the company's behalf against London-based accountancy firm Parker Lloyd Ltd.
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November 27, 2024
Up Next At The High Court: Transgender Care, Holocaust Art
The U.S. Supreme Court will return to the bench Monday for its December arguments session, which will include blockbuster questions about the constitutionality of state laws banning gender-affirming care for transgender minors and whether Hungary can be held liable for property stolen during World War II.
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November 27, 2024
Better, Faster, Stranger: What Attys Think Of Our AI Future
Law firms are increasingly embracing the use of artificial intelligence, wary of its limitations but enchanted by its potential to transform the practice of law through smaller headcounts and cheaper litigation.
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November 26, 2024
King & Spalding Partner Selected As Trump's Trade Rep
President-elect Donald Trump on Tuesday announced that King & Spalding LLP international trade partner Jamieson L. Greer was his pick for U.S. trade representative, noting that Greer played a "key role" in imposing tariffs on China during Trump's first term.
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November 26, 2024
3M Says $6B Settlement Docs Needed In AIG Europe Fight
3M is urging a Florida federal court to release information relating to its recently inked $6 billion deal ending claims over allegedly faulty combat earplugs to a London arbitral tribunal, which is tasked with determining whether insurer AIG Europe Ltd. is wrongly refusing to pay its share of the historic pact.
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November 26, 2024
Bulgarian Co. Says Fight Over $7M Can't Go To Arbitration
A Bulgarian contractor has asked an Illinois federal court not to pause a local bank's litigation seeking to determine the proper owner of $7 million it's holding in escrow related to a dispute over a natural gas construction project, saying a parallel arbitration proceeding is irrelevant.
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November 26, 2024
2nd Circ. Nixes VR Capital Venezuela Fraud Suit
The Second Circuit has refused to revive VR Capital's lawsuit accusing Venezuela's state-owned oil company of fraud in connection with its issuance of some $2 billion in since-defaulted bonds, ruling Tuesday that the asset manager hadn't adequately pled its case.
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November 26, 2024
New Orleans Property Owner Revives Bid To Nix Arbitration
A New Orleans property owner has again urged a Louisiana federal judge to overturn his order forcing it to arbitrate a $7 million Hurricane Ida damage claim with 11 insurers for a block of luxury apartments and retail shops, pointing to a recent ruling by the state's top court.
Expert Analysis
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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Insuring Lender's Baseball Bet Leads To Major League Dispute
In RockFence v. Lloyd's, a California federal court seeks to define who qualifies as a professional baseball player for purposes of an insurance coverage payout, providing an illuminating case study of potential legal issues arising from baseball service loans, say Marshall Gilinsky and Seán McCabe at Anderson Kill.
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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.