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International Arbitration
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May 27, 2025
5th Circ. Passes On Arbitration Appeal In Fire Damage Dispute
A Louisiana property owner cannot appeal a lower court's decision ordering it to arbitrate its fire damage claims with various insurers, both foreign and domestic, the Fifth Circuit ruled, finding it lacks jurisdiction to hear the case.
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May 27, 2025
O'Melveny's Latest Texas Energy Pro Joins From Bradley Arant
O'Melveny & Myers LLP announced the most recent addition to its energy industry group in Houston on Tuesday, this time a litigator from Bradley Arant Boult Cummings LLP with more than 15 years of experience advising clients across the sector, from oil and gas to renewables and more.
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May 23, 2025
Law360 Reveals Titans Of The Plaintiffs Bar
This past year, a handful of attorneys secured billions of dollars in settlements and judgments for both classes and individual plaintiffs against massive companies and organizations like Facebook, Dell, the National Association of Realtors, Johnson & Johnson, UFC and Credit Suisse, earning them recognition as Law360's Titans of the Plaintiffs Bar for 2025.
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May 23, 2025
Off The Bench: Tennis Officials, NCAA Stay On The Defensive
In this week's Off The Bench, tennis players face pushback from the governing bodies they are accusing of antitrust violations, college basketball players claiming the NCAA exploited them want their class action revived, and a baseball player seeking one last year to play in college hits another legal roadblock.
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May 23, 2025
Insulet Foe Rips $30M Atty Fee Ask As 'Over-Lawyered'
A South Korean medical device maker told a Massachusetts federal judge that rival Insulet's request for $30 million in attorney fees following a $60 million trade secrets judgment should be denied, calling that amount "exorbitant" and saying Insulet "consistently over-lawyered disputes."
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May 23, 2025
Latham, HSF Pros Tapped For LCIA Court
The London Court of International Arbitration has made a series of new appointments to its court of arbitration, including a solicitor-advocate in Latham & Watkins LLP's London office and Herbert Smith Freehills LLP's managing partner in Singapore.
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May 23, 2025
Lindberg Urges NC Panel To Rebuff 'Ambush' Sanctions Bid
A convicted billionaire seeking to unravel a receivership order against him has urged the North Carolina Court of Appeals not to scrap his case as a sanction for alleged procedural violations, saying the only gamesmanship afoot is opposing counsel's monthslong "radio silence."
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May 23, 2025
Canada Won't Expedite WTO Clash Over Chinese Ag Tariffs
The Canadian government on Friday abandoned an effort to fast-track its World Trade Organization case targeting Chinese tariffs, while nevertheless defending its right to do so because the case involves perishable food products.
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May 22, 2025
Insurers Say La. Hotel Can't Appeal Fire Damage Fight
A group of insurers has told the Fifth Circuit that it can't review a March order by a Louisiana federal judge instructing a New Orleans hotel to arbitrate its fire damage claims, slamming the hotel owner's argument that it has a constitutional right to pursue an appeal.
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May 22, 2025
Bilfinger Urges NC Justices To Skip Cargill Arbitration Case
International construction company Bilfinger is urging North Carolina's top court not to review a decision nixing Cargill's bid to revive arbitration it initiated in a dispute stemming from a construction contract, disputing the food conglomerate's argument that the case raises novel issues.
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May 22, 2025
Justices Unlikely To Take Up Spain Award Cases, Judge Says
After five years, a D.C. federal court on Thursday removed the stay on a Luxembourg-based renewable energy company's attempt to enforce a €53.3 million ($60 million) award against Spain, over the objections of the European sovereign.
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May 22, 2025
Hungarian Co. Fights Croatia Delay Bid In $236M Award Case
A Hungarian energy company has urged a D.C. federal court to nix Croatia's bid to stay a lawsuit aimed at enforcing a $236 million arbitral award against the country a month after it lost a motion to dismiss the suit.
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May 22, 2025
Bradley Arant Launches International Arbitration Team
Bradley Arant Boult Cummings LLP announced this week that it has created an international arbitration team to represent clients all over the world in international commercial and investment treaty arbitrations.
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May 21, 2025
Tennis Groups Serve Up Bids To Nix Players' Antitrust Claims
The international governing bodies for tennis are looking to escape a proposed antitrust class action filed by players who have accused them of operating as a "cartel," arguing in a series of briefs submitted to a New York federal court that the claims should be tossed, transferred or arbitrated.
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May 21, 2025
'Tough Luck' Case Law Cited In Refusal To Stop Summons
An Illinois federal judge on Tuesday grudgingly declined to issue an injunction to stop an arbitrator from dragging insurance broker Arthur J. Gallagher & Co. into arbitration stemming from the bankruptcy of Cooks Venture, a startup that specialized in the production and processing of pasture-raised, slow-growth chickens.
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May 21, 2025
Consumer Ordered To Arbitrate Illegal Gambling Claims
A California federal judge has ordered a consumer to arbitrate his lawsuit accusing the Cypriot operator of casino-oriented gaming website Stake.us of offering illegal gambling, ruling that an underlying arbitration agreement in its terms specifically empowered an arbitrator to determine the pact's validity.
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May 21, 2025
11th Circ. Blocks Fla. Credit Union's Arbitration Bid In Fee Suit
The Eleventh Circuit on Wednesday denied a Florida credit union's bid to force arbitration in a proposed class action alleging it wrongly charged overdraft fees, saying its checking account agreements didn't require the parties to settle the case out of court.
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May 20, 2025
Novo Fights To Keep Info Bid In $800M Fraud Dispute Alive
Novo Nordisk is urging a North Carolina federal court not to dismiss its order permitting the Danish drugmaker to seek information bolstering its $800 million fraud claims stemming from a hypertension drug deal, saying the testimony is needed to preserve assets as it pursues arbitration of its claims.
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May 20, 2025
Energy Co. Fights To Keep Alive Suit Over Damaged Well
Oil and gas producer W&T Energy VI LLC told a Texas federal judge that Anardako Petroleum Corp.'s bid to escape claims over damages to a jointly operated offshore well suggests it thinks it can breach their agreement and "commit fraud with impunity."
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May 20, 2025
Panama Says $5M Award Suit Stay Bid Should Be Tossed
A Florida federal judge should reject a Miami-based business owner's attempt to pause Panama's suit seeking to enforce a nearly $5 million arbitral award over construction agreements, the country has argued in a court brief opposing his motion to stay the proceedings.
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May 20, 2025
China Opposes Canada's Push To Speed Up WTO Food Fight
China is pushing back against Canada's efforts to expedite its case against Beijing's new agricultural tariffs, according to a World Trade Organization document circulated Tuesday, rejecting claims that the case must be handled urgently simply because it involves food products.
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May 19, 2025
Port Co. Slams 'Sham' Arbitration Bid In Panama Canal Project
A Hong Kong company claiming that its interest in a $1 billion port project near the Panama Canal is being stolen by an investment firm and related entities has urged the Third Circuit not to send the dispute to a "sham" arbitration proposed by the investor.
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May 19, 2025
Terror Claimants Get OK To Serve Ex-Binance CEO's Counsel
A group of claimants suing Binance for allegedly abetting terrorist attacks have won permission to serve the cryptocurrency exchange's former CEO through his domestic counsel, after a New York federal judge found Friday that the plaintiffs had tried, unsuccessfully, to find his address in the United Arab Emirates.
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May 19, 2025
Panthera Wants $1.5B From India In Mining Project Fight
British gold miner Panthera Resources PLC said Monday that its Australian subsidiary is now seeking more than $1.5 billion in damages from India in an investment treaty claim over a rejected mining project.
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May 19, 2025
Binance Argues All Class Members Must Arbitrate Claims
Crypto exchange Binance has urged a New York federal judge to require arbitration for all plaintiffs in a proposed class action accusing the crypto exchange of improperly selling securities, saying its terms of use include a class action waiver.
Expert Analysis
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Series
Law School's Missed Lessons: Mastering Discovery
The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.
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Arbitral Ruling In EU Fisheries Clash Clarifies Post-Brexit Pact
The Permanent Court of Arbitration's recent ruling marks a pivotal moment in the evolving jurisprudence surrounding the Trade and Cooperation Agreement, concluded between the U.K. and the EU after Brexit, and sets an important precedent for interpretation and enforcement of trade and environment clauses in cross-border disputes, says Josep Galvez at 4-5 Gray's Inn.
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Series
Playing Guitar Makes Me A Better Lawyer
Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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New Arbitration Guidelines On AI Offer Practical Approach
Recently published guidelines from the Chartered Institute of Arbitrators represent the next step in the evolution of soft law regulation of artificial intelligence, providing practical guidance on managing AI risks in arbitration, while reinforcing the importance of maintaining party autonomy, say attorneys at Signature Litigation.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.
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Legal Ethics Considerations For Law Firm Pro Bono Deals
If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.
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Series
Playing Football Made Me A Better Lawyer
While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.
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10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks
The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.
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Series
Power To The Paralegals: The Value Of Unified State Licensing
Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.