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International Arbitration
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January 21, 2025
La. Judge Lifts Arbitration Order In $7M Ida Damage Case
A Louisiana federal judge lifted a stay and vacated an order to arbitrate a $7 million Hurricane Ida damage claim against domestic surplus insurers, ruling that a recent decision from Louisiana's top court represents an "'intervening change in the controlling law.'"
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January 21, 2025
Trump Moratorium Is An Ill Wind For Project Development
President Donald Trump's sweeping directive to halt federal reviews and permitting of wind farms creates fresh uncertainty over whether many projects slated to be built can secure necessary approval and financing.
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January 21, 2025
Payment Co. Says Okla. Tribe Lacks Jurisdiction In Fraud Suit
Two owners of a payment processor have asked an Oklahoma federal judge to toss a Native American tribal entity's lawsuit claiming they defrauded it out of $1.5 million, arguing that it isn't a citizen for the purposes of diversity jurisdiction under Tenth Circuit precedent.
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January 28, 2025
Fountain Court Gains Arbitration Pro As Door Tenant
Fountain Court Chambers has boosted its profile in the international arbitration arena by gaining the former director general of the London Court of International Arbitration as a door tenant.
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January 21, 2025
FTC Gives Nod To Chevron's $53B Hess Buy, With Conditions
The Federal Trade Commission has formally approved a consent order resolving antitrust concerns over Chevron Corp.'s planned $53 billion acquisition of Hess Corp., one that bars CEO John Hess from joining the combined company's board.
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January 21, 2025
Justices Nix E-Commerce Co.'s 'Minimum Contacts' Suit
The U.S. Supreme Court declined on Tuesday to review a petition asking it to resolve whether an e-commerce seller's "virtual presence" in a state is enough to satisfy a jurisdictional test requiring "minimum contacts" with that state.
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January 17, 2025
Law360 Names Practice Groups Of The Year
Law360 would like to congratulate the winners of its Practice Groups of the Year awards for 2024, which honor the attorney teams behind litigation wins and significant transaction work that resonated throughout the legal industry this past year.
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January 17, 2025
Law360 Names Firms Of The Year
Eight law firms have earned spots as Law360's Firms of the Year, with 54 Practice Group of the Year awards among them, steering some of the largest deals of 2024 and securing high-profile litigation wins, including at the U.S. Supreme Court.
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January 17, 2025
DOJ Wants No Jail Time For Cross-Border Monopoly Member
The U.S. Department of Justice has told a Texas federal judge that a woman who pled guilty to conspiring to monopolize cross-border sales of used vehicles should be sentenced to up to 14 months of home detention.
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January 17, 2025
Contractor Asks Justices To Ax Iraqi Immunity In $120M Suit
A Pennsylvania defense contractor is urging the U.S. Supreme Court to unravel a D.C. Circuit decision to throw out a $120 million judgment against Iraq, arguing that review is needed to ensure a uniform interpretation of the Foreign Sovereign Immunities Act.
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January 17, 2025
Venezuela Says $2B In Bonds Can't Be Enforced
More than five years into litigation aimed at enforcing nearly $2 billion in defaulted bonds against Venezuela's state-owned oil company, the country is urging a New York federal judge to nix the case on the grounds that the bonds are illegal under its domestic law.
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January 16, 2025
US Could Soon Find Itself On Wrong End Of Energy Disputes
America's energy landscape has been marked in recent years by the Biden administration's enthusiastic support of renewable energy projects, but international disputes experts are predicting that the incoming Trump administration's promise to derail such projects could land the U.S. in legal hot water.
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January 16, 2025
Colombia Says US Co. Has No Rights To Famous Shipwreck
Colombia is defending itself from Sea Search-Armada LLC's $10 billion claim in a decades-old dispute over a massive cache of gold, silver and emeralds from an early 18th-century shipwreck off its coastline, telling an international tribunal the claimant "has no rights whatsoever" to the sunken treasure.
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January 16, 2025
DC Circ. Mulls 'Colorability' In India's Test Of $156M Award
A D.C. Circuit panel wrestled Thursday with what constitutes a "colorable" assertion of sovereign immunity in arbitration enforcement proceedings as India seeks to undo a $155.8 million judgment against it stemming from an arbitration over a soured satellite licensing deal.
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January 16, 2025
US, Colombia Agree To Strengthen Investor-State Defenses
The Office of the U.S. Trade Representative said Thursday it has reached an agreement with Colombia aimed at strengthening the two countries' defenses against investor-state claims in an underlying trade pact, one of the last actions of the outgoing Biden administration following years of requests by Democratic lawmakers.
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January 16, 2025
FIFA Rules Must Be Open To Court Review, ECJ Adviser Says
Sport arbitration awards must be open to "full review" by national courts to ensure that FIFA rules comply with European Union law, an adviser to the bloc's Court of Justice said Thursday, before a Belgian football club's challenge over the sale of players' economic rights.
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January 15, 2025
Sterlington Lands DC Int'l Arbitration Atty From A&O Shearman
Sterlington PLLC said Wednesday that it has hired an international arbitration attorney who has represented clients in some of the largest commercial disputes heard before tribunals over the last decade as its sixth major lateral hire in the past five months.
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January 15, 2025
Jackson Lewis Grows In Atlanta With E-Commerce Biz Atty
Jackson Lewis PC has gained a new principal in Atlanta who formerly worked in-house for e-commerce company StockX and previously practiced with Ogletree Deakins Nash Smoak & Stewart PC.
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January 15, 2025
Russia Appeals For State Immunity In $60B Yukos Case
Russia sought Wednesday to block former Yukos Oil investors from enforcing an almost $60 billion arbitration award, telling a London appeals court that English courts must consider its claim to state immunity afresh.
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January 14, 2025
'Not Afraid Of Question Presented,' Atty Tells Irked Justices
As the U.S. Supreme Court on Tuesday analyzed judicial powers to reopen dismissed cases, a Halliburton attorney sought to steer oral arguments toward questions the high court hadn't agreed to address, testing some justices' patience and eventually prompting the attorney to insist he wasn't "afraid of the question presented."
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January 14, 2025
London Judge Affirms Wind Energy's Non-Liability Award
A London judge on Tuesday refused to set aside an arbitral award finding that Thai renewable energy company Wind Energy Holding was not responsible for paying defense costs incurred by former board members in litigation that ended with a $1 billion judgment against them.
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January 14, 2025
NY Appeals Court OKs Arbitration Stay In $60M Hotel Fight
A New York appeals court has affirmed a lower court order pausing an arbitration initiated by a hotel co-owner in a $60 million dispute with another co-owner over the purported mismanagement of eight hotels nationwide.
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January 13, 2025
Spain Denied Stay In €28.2M Intra-EU Energy Award Fight
A D.C. federal judge has refused to pause a renewable energy investor's arbitral award lawsuit against Spain as the country seeks U.S. Supreme Court review of an appellate decision that greenlighted enforcement of intra-European Union investor-state awards in U.S. federal courts.
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January 13, 2025
Fla. Court OKs $6B Settlement Data Release In 3M's UK Case
A Florida federal court has authorized the release of certain information related to 3M's $6 billion multidistrict litigation settlement ending claims over allegedly faulty combat earplugs to a London arbitral tribunal, which was convened to determine if insurer AIG Europe Ltd. is refusing to pay its share of the deal.
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January 13, 2025
Carnival Waived Arbitration By Rejecting Fee, Ex-Worker Says
A former Carnival ship worker who was injured on the job argued Sunday that Carnival has waived its right to force him into arbitration by refusing to pay the worker's share of the filing fee after he initiated arbitration.
Expert Analysis
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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Contractual Drafting Takeaways From Force Majeure Ruling
Lawyers at Cleary discuss the U.K. Supreme Court's recent judgment RTI v. MUR Shipping and its important implications, including how the court approached the apparent tension between certainty and commercial pragmatism, and considerations for the drafting of force majeure clauses going forward.
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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Decoding Arbitral Disputes: Spanish Judicial Oversight
The recent conviction of arbitrator Gonzalo Stampa underscores the critical importance of judicial authority in the realm of international arbitration in Spain, and emphasizes that arbitrators must respect the procedural frameworks established by Spanish national courts, says Josep Galvez at 4-5 Gray’s Inn.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.
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Foreign Discovery Insights 2 Years After ZF Automotive
Although an Arizona federal court decision last month demonstrates that Section 1782 discovery may still be available to foreign arbitral parties, the scope of such discovery has narrowed greatly since the U.S. Supreme Court's 2022 decision in ZF Automotive, and there are a few potential trends for practitioners to follow, say attorneys at Venable.
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Think Like A Lawyer: Always Be Closing
When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.
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Tracking China's Push To Invalidate Foreign Patents
China’s increasing use of courts and administrative panels to nullify patents in strategically important industries, such as technology, pharmaceuticals and rare-earth minerals, raises serious concerns about the intellectual property rights of foreign businesses operating there, say Rajat Rana and Manuel Valderrama at Selendy Gay.
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Series
Playing Chess Makes Me A Better Lawyer
There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.
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Litigation Inspiration: Attys Can Be Heroic Like Olympians
Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.
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CPR Proposal Affirms The Emphasis On Early Mediation
While the recent proposal to incorporate mandatory alternative dispute resolution into the Civil Procedure Rules following a 2023 appeal decision would not lead to seismic change, given current practice, it signals a shift in how litigation should be pursued toward out-of-court solutions, say Heather Welham and Cyra Roshan at Foot Anstey.
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Abu Dhabi Ruling Hints At More Arbitration-Friendly Approach
The international and comparative rationale an Abu Dhabi onshore court used to decide that an arbitration agreement referencing a defunct arbitration center was still enforceable suggests that the UAE judiciary may be adopting a more flexible, pro-arbitration framework and stabilizing Dubai's arbitration landscape, say attorneys at Reed Smith.