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International Arbitration
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January 30, 2025
Brazil Biz Pro Joins Kobre & Kim To Lead Latin America Team
Kobre & Kim LLP has brought on an experienced international trade expert and consultant as regional managing director for Latin America, enhancing the cross-border dispute and investigation firm's business and product development and overall operations from her base in São Paulo, Brazil.
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January 29, 2025
Lloyd's Can't Yet Arbitrate $5M Settlement Coverage Dispute
A New Jersey federal court rejected a bid Wednesday from certain Lloyd's of London underwriters to arbitrate a man's demand that they cover a $5 million settlement he won against a police department they insured, though it stopped short of saying whether the parties must actually go to arbitration.
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January 29, 2025
Families Of Slain Urge Justices To Uphold Terror Victim Law
Relatives of U.S. nationals killed in terrorist attacks in Israel told the U.S. Supreme Court this week that the Second Circuit was wrong to invalidate a federal law that broadened jurisdiction for Anti-Terrorism Act cases against the Palestine Liberation Organization.
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January 29, 2025
Exail Escapes Suit Challenging Award In Aerospace Feud
A Manhattan federal judge on Wednesday dismissed a case brought by two units of French aerospace firm Safran hoping to nix an arbitral award to Exail Technologies, saying the latter company was right that it had not been given proper notice of the case.
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January 29, 2025
India Asks High Court To Nix $1.3B Telecom Award
The Republic of India urged the U.S. Supreme Court to uphold a Ninth Circuit order that refused to enforce a $1.3 billion arbitral award against the commercial arm of its space agency, arguing that a lower court had baselessly said that India held control over the division.
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January 28, 2025
Jury Clears LED Distributor Of Korean Co.'s Fraud Claims
A California federal jury returned a verdict Tuesday clearing the head of a now-defunct LED screen distribution company of allegations that he lied to his Korean manufacturing partner about efforts to repay millions of dollars worth of mounting debts.
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January 28, 2025
5th Circ. Revives Arb. Bid In Saudi Arabia Oil Project Row
A Louisiana federal judge wrongly nixed a bid to send a dispute stemming from a Saudi Arabian oil and gas project to arbitration after the administering institution named in an underlying subcontract was dissolved, the Fifth Circuit ruled in a published opinion.
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January 28, 2025
Oilfield Co. Looks To Avoid Arbitration In Hydrocarbon Row
Oilfield services operator Schlumberger has asked a Texas judge to block an arbitration proceeding initiated by a Guatemalan oil company over alleged mismanagement of a hydrocarbon project, saying it never entered a valid arbitration agreement.
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January 28, 2025
Cricket News Site Says Privacy Suit Belongs In Arbitration
The operator of cricket news site Cricbuzz has told a New Jersey federal judge that a data privacy suit by two users should be sent to arbitration or dismissed outright, since its terms of service contain a clause in which viewers agree to mandatory arbitration.
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January 27, 2025
Google Ireland Says $1.3B Russia Suit Belongs In Arbitration
An Irish Google affiliate is pressing a California federal court to halt a former Russian Google affiliate from pursuing litigation in Moscow seeking a $1.3 billion judgment in a dispute ostensibly challenging certain underlying contracts, saying the matter belongs in arbitration in the Golden State.
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January 27, 2025
Takeda Pushes Meijer Antitrust Suit Into Arbitration
Meijer is going to have to arbitrate its claims that Takeda Pharmaceutical broke antitrust law by cutting a pay-for-delay deal with Par Pharmaceuticals to keep a generic version of Takeda's anti-constipation drug Amitiza off the market for several years.
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January 27, 2025
Zee Entertainment Hits Star India With Cricket Counterclaim
Indian media conglomerate Zee Entertainment has challenged joint venture Star India's $940 million damages claim over broadcasting rights for international cricket matches, denying all assertions made by the JV in proceedings initiated before the London Court of International Arbitration.
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January 27, 2025
Contractor Seeks DC Circ. Approval Of $200M Arbitral Award
A toll road contractor asked the D.C. Circuit to approve a $200 million arbitral award against the Peruvian city of Lima over a failed construction contract, saying the city's argument that the contract was obtained through corruption had already been rejected by two arbitration panels and a federal judge.
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January 27, 2025
Justices Decline $400M Argentina Bond Default Case
The U.S. Supreme Court on Monday declined to review Argentina's petition asking the justices to clarify the parameters of the commercial activity exception in sovereign immunity law, in a long-running case relating to some $400 million in defaulted sovereign bonds.
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January 24, 2025
Chiles Brings Fight For Bronze Medal To Swiss Supreme Court
U.S. gymnast Jordan Chiles is fighting to overturn a ruling stripping her of her Olympic bronze medal, arguing in her latest briefing to a Swiss court that prominent arbitrator Hamid Gharavi had a "blatant conflict of interest" and should not have been involved in the case.
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January 24, 2025
La. Judge Returns $22M Hurricane Ida Claim To State Court
A Louisiana federal judge has sent a $22 million insurance dispute over oil drilling equipment damaged by Hurricane Ida back to state court, citing an invalid arbitration clause between the parties.
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January 24, 2025
Boies Schiller Int'l Arbitration Pro Joins Baker Botts In Texas
A veteran international arbitration pro has jumped from Boies Schiller Flexner LLP to Baker Botts LLP in Texas.
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January 24, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Axa Insurance and Admiral face a claim from a former lawyer recently exposed for personal injury fraud, the owner of Reading Football Club sue a prospective buyer and mobile network Lycamobile tackle action by Spanish network Yogio. Here, Law360 looks at these and other new claims in the U.K.
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January 24, 2025
Sierra Leone Must Face Jenner & Block's $8M Fee Suit
A District of Columbia federal judge denied Sierra Leone's bid to escape a lawsuit alleging it owes Jenner & Block LLP $8 million in fees, saying the nation's arguments that it is immune from the litigation is belied by a contract term that specifically gave U.S. courts jurisdiction over disputes.
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January 31, 2025
Derains & Gharavi Arbitration Pros Set Up Paris Boutique
Two international arbitrators from Derains & Gharavi have left the firm to set up their own boutique practice that leverages their combined decades of experience in investor-state and commercial arbitration.
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January 23, 2025
Spain Wins Stay In $29M Renewable Award Enforcement Suit
A D.C. federal judge has paused litigation against Spain to enforce an approximately $29 million arbitral award issued to solar energy investors while the country seeks a U.S. Supreme Court review, diverging from the approach taken by a fellow federal judge earlier this month.
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January 23, 2025
11th Circ. Pauses Ruling Nixing $440M Cruise Line Penalty
The Eleventh Circuit on Thursday cleared the way for a dock company to appeal to the U.S. Supreme Court after its $440 million judgment against four cruise lines for allegedly "trafficking" in property seized by Cuba was overturned.
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January 23, 2025
NY Federal Judge Urged To OK $149M Grain Exporter Award
Corporate trustee services provider Madison Pacific Trust Ltd. asked a Manhattan federal judge to confirm a $149 million arbitration award that it won from the founders of a Ukrainian grain exporting conglomerate that allegedly failed to pay its debt.
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January 23, 2025
Venezuela Loses Challenge To $8.5B ConocoPhillips Award
An ad hoc committee on Wednesday declined to annul an arbitral award now worth more than $8.5 billion issued to ConocoPhillips in a 17-year-old dispute initiated after Venezuela nationalized three of the oil giant's projects, completely rejecting the country's challenge in a sweeping 356-page decision.
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January 23, 2025
Saudi Prince Ducks Bankruptcy Over $1.2B Arbitration Award
A Saudi prince has won his bid to dodge a bankruptcy petition over an $1.2 billion arbitration debt from a Kuwaiti telecommunications business, as a London judge ruled on Thursday that the company cannot serve it on the royal in the U.K.
Expert Analysis
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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Mass Arbitration Procedures After Faulty Live Nation Ruling
Despite the Ninth Circuit's flawed reasoning in Heckman v. Live Nation, the exceptional allegations of collusive conduct shouldn't be read to restrict arbitration providers that have adopted good faith procedures to ensure that consumer mass arbitrations can be efficiently resolved on the merits, says Collin Vierra at Eimer Stahl.
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Issues To Watch In 2025's ERISA Litigation Landscape
Whether 2024’s uptick in new Employee Retirement Income Security Act cases will continue this year will likely depend on federal courts’ resolution of several issues, including those related to excessive fees, defined contribution plan forfeitures, and pleading standards for ERISA-prohibited transaction claims, say attorneys at Groom Law.
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How DOGE's Bite Can Live Up To Its Bark
All signs suggest that the Department of Government Efficiency will be an important part of the new Trump administration, with ample tools at its disposal to effectuate change, particularly with an attentive Republican-controlled Congress, say attorneys at K&L Gates.
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Series
Playing Rugby Makes Me A Better Lawyer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
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Decoding Arbitral Disputes: UK Awards Versus EU Judgments
The Court of Appeal of England and Wales' recent refusal to enforce a €855 million Spanish judgment inconsistent with earlier binding arbitral awards in England provides crucial guidance for practitioners navigating the complexities of cross-border disputes involving arbitration agreements and sovereign states, says Josep Galvez at 4-5 Gray's Inn.
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Opinion
No, Litigation Funders Are Not 'Fleeing' The District Of Del.
A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.
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5 E-Discovery Predictions For 2025 And Beyond
In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.
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UBS Ruling Shows SDNY's Pro-Award Confirmation Stance
A New York federal court's recent ruling upholding an arbitration award in Lakah v. UBS, a long-running dispute over a bond debt default, serves as a reminder that New York courts carry a strong presumption toward binding parties to arbitration agreements and enforcing arbitral awards, say attorneys at Mayer Brown.
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7 Ways 2nd Trump Administration May Affect Partner Hiring
President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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EU's AI Act May Lead To More M&A Arbitration
With the EU's Artificial Intelligence Act and its stiff penalties beginning to take effect, companies acquiring AI targets should pay close attention to the provisions in the dispute resolution clauses of their deal documents, say Nelson Goh at Pallas Partners and Benjamin Qiu at EKLJ.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.