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International Arbitration
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December 08, 2023
Venezuela Says Immediate Appeal Needed In Citgo Cases
Venezuela is pressing a federal judge to allow it to immediately appeal his ruling putting seven creditors closer to taking part in an auction of Citgo's indirect parent company next year, arguing that the legality of one of the largest forced sales in Delaware history is on the line.
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December 08, 2023
Trade Court Says Fish Import Case Belongs In District Court
The U.S. Court of International Trade ruled that it can't hear a Texas importer's allegations that the U.S. illegally blocked fish harvested off Antarctica, finding that claims against the international body regulating those waters belong in district court.
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December 08, 2023
Tristan Gets Ch. 15 Recognition In Bid To Collect Kazakh Debt
A New York bankruptcy court said Friday that it would grant Chapter 15 recognition to a debt restructuring underway in the British Virgin Islands by Tristan Oil Ltd., as part of the company's attempts to collect on a $555 million arbitration award from Kazakhstan's government.
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December 08, 2023
DC Circ. Affirms $618M Arbitration Award Against Venezuela
The D.C. Circuit on Friday rejected efforts by Venezuela's interim government to overturn a more than $618 million arbitration award issued against the country, which had argued that an international tribunal wrongly excluded the Guaidó government from participating in the proceedings.
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December 07, 2023
Hitachi Must Arbitrate Transfer Claims In $384M Award Fight
A New York federal judge Wednesday ordered a Hitachi unit to arbitrate its claim accusing the founder of construction equipment rental company Acme Business Holdco LLC of fraudulently transferring away some $57 million, as the pair battle over $384 million in outstanding loans.
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December 07, 2023
Russians Charged With Hacking US, UK Intelligence Officials
Two men who work for the Russian Federal Security Service have been charged in California federal court with hacking email accounts belonging to current and former U.S. and United Kingdom intelligence officials, defense contractors, researchers and journalists, and leaking some of the information to the press ahead of the 2019 U.K. elections.
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December 07, 2023
Tai Says E-Commerce Pivot Avoided 'Policy Suicide'
The U.S. trade chief defended pulling support for long-held U.S. policy positions on digital trade during an appearance at the Aspen Security Forum on Thursday, arguing that recent technological developments made backing old proposals "massive malpractice" or "policy suicide."
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December 07, 2023
Binance Seeks To Arbitrate Fraud Oversight Investor Suit
Binance has moved to compel arbitration of a proposed class action accusing the world's largest crypto exchange platform of turning a blind eye to potential money laundering and terrorist financing on its platform, arguing the plaintiffs' claims fall within the arbitration terms of a clause they expressly agreed to.
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December 07, 2023
Fla. Fairfield Inn Must Arbitrate Hurricane Damage Fight
A Florida federal judge ordered the owner of a Fairfield Inn in Tampa to arbitrate its hurricane damage dispute in New York with its insurers, saying the property owner's argument that arbitration unfairly favored insurers was irrelevant since the dispute involved a foreign underwriter.
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December 06, 2023
Confirmation Of Arbitration Awards Against Lima Nears
A highway contractor's pursuit of roughly $190 million in arbitration awards against Lima closed in on victory on Wednesday, but a D.C. federal judge first wants attorneys for the Peruvian capital to explain the municipality's criminal complaint against three arbitrators weighing the latest chapter in the toll road dispute.
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December 06, 2023
11th Circ. Told Mineral Co.'s Arbitral Award Favors Corruption
A Venezuelan state-owned mining company urged the Eleventh Circuit on Wednesday to vacate a $188 million arbitration penalty stemming from disputes over iron ore operations, saying the arbitrators are "advancing corruption and bribery" that a former British Virgin Islands minerals business partner used to procure a contract.
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December 06, 2023
UK Insurers Seek To Stop €425M Venezuelan Suits Abroad
Two British insurers urged a London appeals court on Wednesday to block Venezuela from pursuing €425 million ($460 million) claims over a sunken vessel in other countries, arguing that state immunity doesn't cover anti-suit injunctions.
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December 06, 2023
Stephenson Harwood Names Litigation Pro As Senior Partner
Stephenson Harwood LLP has announced that it will promote its commercial litigation co-head to senior partner next year to chair its supervisory council and represent the views of its partners moving forward.
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December 05, 2023
9th Circ. Says Coinbase Can Arbitrate Fraud Transfer Action
A Ninth Circuit panel on Tuesday held that cryptocurrency exchange Coinbase can arbitrate claims from a class of its customers alleging it failed to curb unauthorized transfers, ruling that a provision delegating any dispute arising out of their customer agreements to an arbitrator is not unconscionable.
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December 05, 2023
Political Concerns Marred $14.9B Malaysia Case, Court Hears
The winners of a $14.9 billion arbitral award issued in a territorial dispute with Malaysia are now alleging that political concerns over a lucrative aerospace contract with Kuala Lumpur provided the impetus for a Spanish court decision unseating the arbitrator appointed to oversee the arbitration.
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December 05, 2023
Laos Can't Sue In US For $3M Arbitral Awards, Investor Says
An American businessperson and his investment firms are hoping to escape paying a $3 million tab tied to an ill-fated casino venture in a lawsuit leveled by the government of Laos to enforce two international arbitration awards, arguing that the federal court in the Northern Mariana Islands lacks jurisdiction in the dispute.
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December 05, 2023
Atty Says Fake News Sanctions Deserve Due Process Hearing
An attorney who was hit with nearly $270,000 in sanctions after he was found to have manufactured fake news articles in a bid to influence an arbitration between Chevron and Saudi oil heirs told a federal judge this week he should have received a due process hearing before being slapped with the penalties.
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December 04, 2023
Wash. Judge Nixes HDT's $950M mRNA Vax Trade Secrets Suit
A Washington federal judge has thrown out Seattle-based biotechnology company HDT Bio's nearly billion-dollar lawsuit accusing an Indian pharmaceutical firm of ripping off its mRNA platform to develop a new COVID-19 vaccine, at least for now, a docket entry showed Monday.
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December 04, 2023
Seagen Looks To Revive Cancer Drug Claims In Daiichi Fight
U.S. biotech company Seagen Inc. will look to revive its claims seeking billions of dollars in damages in a dispute with Japanese drugmaker Daiichi Sankyo Co. Ltd. over cancer drug patents, arguing that an arbitrator disregarded the "language and essence" of an underlying collaboration agreement.
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December 04, 2023
Kyrgyzstan Drops Bid To Vacate $33M Award Over Resorts
The Kyrgyz Republic has settled its dispute against four Uzbek entities over the rights to several Soviet-era resorts in northern Kyrgyzstan, with the parties reaching an agreement that dismisses the country's suit in D.C. federal court seeking to vacate a $33 million arbitral award.
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December 04, 2023
Catching Up With Delaware's Chancery Court
Blockchain gaming, lithium-battery production, nutrition supplements and Activision's $68.7 billion sale to Microsoft — nothing is too big or complicated for Delaware's Chancery Court to put on its agenda. The year is winding down, but things haven't slowed in the nation's top court of equity. Check here for all the latest news from the Chancery Court.
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December 01, 2023
La. Judge Won't Nix Arbitration Order In $11M Hurricane Row
A Louisiana federal judge has denied a bid by attorneys who missed a deadline to rescind his order tossing two defendants and forcing arbitration in a case over more than $11 million in hurricane damage to an apartment complex, ruling that their arguments lack merit anyway.
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December 01, 2023
Property Owner Sees Bid To Appeal Bad Faith Finding Nixed
A Louisiana federal judge denied a property owner's bid to immediately appeal her ruling compelling arbitration of its bad faith claims against its insurers, in a case centering on millions of dollars' worth of property damage caused by Hurricane Ida.
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December 01, 2023
ByteDance Rips Coder's 'Gamesmanship,' Urges Arbitration
ByteDance Inc. urged a California federal judge at a remote hearing Friday to send an engineer's wrongful termination suit accusing it of being the Chinese Communist Party's "propaganda tool" to arbitration, arguing the plaintiff has engaged in "gamesmanship" to avoid that and get to the state court's "bully pulpit."
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December 01, 2023
Justices Call O'Connor 'American Hero,' 'Perfect Trailblazer'
Following news of retired U.S. Supreme Court Justice Sandra Day O'Connor's death at the age of 93, current and former high court justices paid public homage to her trailblazing career, devotion to the rule of law and illuminating charisma.
Expert Analysis
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Series
Performing Music Makes Me A Better Lawyer
The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.
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Russia Ruling Shows UK's Robust Jurisdiction Approach
An English High Court's recent decision to grant an anti-suit injunction in the Russia-related dispute Renaissance Securities v. Chlodwig Enterprises clearly illustrates that obtaining an injunction will likely be more straightforward when the seat is in England compared to when it is abroad, say lawyers at Linklaters.
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Breaking Down High Court's New Code Of Conduct
The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.
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Opinion
Legal Profession Gender Parity Requires Equal Parental Leave
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
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Series
Writing Thriller Novels Makes Me A Better Lawyer
Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.
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What Lawyers Must Know About Calif. State Bar's AI Guidance
Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.
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Industry Must Elevate Native American Women Attys' Stories
The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.
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Understanding Discovery Obligations In Era Of Generative AI
Excerpt from Practical Guidance
Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.
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An Overview Of Circuit Courts' Interlocutory Motion Standards
The Federal Arbitration Act allows litigants to file an immediate appeal from an order declining to enforce an arbitration agreement, but the circuit courts differ on the specific requirements for the underlying order as well as which motion must be filed, as demonstrated in several 2023 decisions, says Kristen Mueller at Mueller Law.
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The State Of UK Litigation Funding After Therium Ruling
The recent English High Court decision in Therium v. Bugsby Property has provided a glimmer of hope for litigation funders about how courts will interpret this summer's U.K. Supreme Court ruling that called funding agreements impermissible, suggesting that its adverse effects may be mitigated, says Daniel Williams at DWF Law.
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
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Attorneys Have An Ethical Duty To Protect The Judiciary
The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.
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Nix Of $11B Award Shows Limits Of Arbitral Process
A recent English High Court decision in Nigeria v. Process & Industrial Developments, overturning an arbitration award because it was obtained by fraud, is a reminder that arbitration decisions are ultimately still accountable to the courts, and that the relative simplicity of the arbitration rules is not necessarily always a benefit, say Robin Henry and Abbie Coleman at Collyer Bristow.
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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.