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International Arbitration
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April 29, 2025
Child Born After Father's Death Can Sue Iran, DC Circ. Rules
A child in utero when her Navy special forces father was killed in an Iranian-sponsored Taliban attack can seek so-called solatium damages from Iran under the Foreign Sovereign Immunities Act's terrorism exception, just like her mother and older siblings, a D.C. Circuit panel ruled Tuesday.
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April 28, 2025
Insurer Fights Arbitration Of Legionnaires' Claims Suit
A Michigan healthcare system's insurer is fighting efforts to send its coverage lawsuit over underlying Legionnaires' disease claims to arbitration in Bermuda, arguing that the dispute does not fall within an underlying arbitration clause.
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April 28, 2025
Court Urged To Reconsider Jurisdiction In Tribal Tariff Row
Blackfeet Nation members are asking a Montana federal judge to reconsider an order to transfer their challenge against President Donald Trump's tariffs on imports from Canada and abroad to the U.S. Court of International Trade, saying the decision is based on the constitutional question of the Indian commerce clause.
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April 28, 2025
Airport Contractor Says Peru Must Pay $91M Award
A contractor on a stymied project to construct and operate an airport in a tourist-heavy region of Peru is urging a D.C. federal court to issue a $91 million default judgment against the country, which it says has for months ignored its petition to enforce an underlying arbitration award.
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April 28, 2025
Justices Seek US Stance In $120M Iraq Immunity Suit
The U.S. Supreme Court on Monday asked the federal government to weigh in on a Pennsylvania defense contractor's petition seeking clarity on parts of the Foreign Sovereign Immunities Act's commercial activity exception, as the contractor looks to enforce a $120 million judgment against Iraq.
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April 25, 2025
Judge Orders Atlas Co. To Arbitrate $3.1M Fraud Suit
A Colorado federal judge on Thursday ordered an Australian online atlas startup to arbitrate its $3.14 million dispute with a consultant it hired for guidance while looking to gain access to U.S. capital markets, ruling that an arbitration clause in the underlying contract was applicable despite the company's fraud allegations.
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April 25, 2025
WTO Will Hear EU-China Dispute Over Electric Car Batteries
A World Trade Organization dispute panel will hear China's complaint against the European Union's duties on Beijing's electric car batteries after talks between the two governments failed to resolve the matter, the global trade watchdog announced Friday.
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April 25, 2025
Uzbekistan Claims Win In Turkish Cotton Investment Dispute
The government of Uzbekistan claimed victory in a long-running dispute with Turkish textile investors alleging they were driven into bankruptcy by the Uzbek government's failure to abide by a 1992 treaty governing investments between the two nations.
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April 25, 2025
Deripaska Sues To Uncover Source Of Allegedly Forged Report
A Russian oligarch has asked a London court to order a business intelligence company to divulge the source of an allegedly forged report used to back up a former business partner's bid to challenge a $95 million arbitration award.
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April 24, 2025
Judge Lifts Arbitration Order In Hurricane Coverage Suit
A Louisiana federal judge Wednesday reversed his decision compelling arbitration of an insurance dispute over coverage for hurricane damage in light of new precedent from the state's top court, pointing to a "crucial" mandate requiring that the underlying policies be interpreted as separate contracts.
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April 24, 2025
9th Circ. Backs Oppenheimer Bid To Avoid FINRA Arbitration
The Ninth Circuit unanimously affirmed Thursday a lower court's ruling blocking two Washington state couples' bid to arbitrate claims against Oppenheimer & Co. Inc. before the Financial Industry Regulatory Authority, saying the couples weren't customers of the financial services company despite getting caught up in a former Oppenheimer employee's Ponzi scheme.
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April 24, 2025
Pinnacle CEO Must Arbitrate Fee Dispute With Gibson Dunn
A New York appeals court affirmed Thursday that multifamily landlord Pinnacle Group NY LLC and CEO Joel Wiener must arbitrate a dispute with Gibson Dunn & Crutcher LLP over a $1.75 million outstanding bill for legal fees, despite being nonsignatories to the arbitration agreement.
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April 23, 2025
Gaming Site Says Consumer's Suit Must Be Arbitrated
The Cypriot operator of online "social gaming platform" Stake.us is urging a California federal court to order a consumer to arbitrate his lawsuit looking to shut down the website on allegations it offers illegal gambling, saying the validity of an underlying contract should be left to an arbitrator.
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April 23, 2025
Iraq's Counsel Can Stay In $120M Award Fight, DC Circ. Says
The D.C. Circuit has declined to nix Pierson Ferdinand LLP's appearance as counsel for Iraq in an appeal challenging the enforcement of a $120 million arbitral award issued to a Cypriot construction and engineering firm, rejecting the company's allegations that Iraq engaged in "gamesmanship."
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April 23, 2025
Russia Seeks Stay In $5B Award Stemming From Loan Dispute
The Russian Federation asked a D.C. federal court to pause enforcing a $5 billion arbitration award compensating Yukos Capital for Russia's alleged expropriation of loans while litigation plays out in a U.S. Supreme Court case involving the jurisdiction of American courts over international arbitration agreements.聽
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April 22, 2025
Ship Co. Loses Seizure Bid In $12M Arbitration Dispute
A Mississippi federal judge on Tuesday nixed litigation by a U.S. shipping charter firm that asked to seize a deep-sea motor vessel as it looks to enforce more than $12 million of arbitral awards against a Mexican maritime company, ruling that the court lacks jurisdiction.
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April 22, 2025
Majority Shareholders Sanctioned In Telecoms Control Fight
A New York federal judge Tuesday sanctioned the majority shareholders of telecommunications infrastructure firm Continental Towers LATAM Holdings Ltd. for ignoring arbitral awards issued in a bitter, yearslong dispute over control of the company.
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April 22, 2025
Montana Farmers Union Asks To Join Tribe's Anti-Tariff Suit
The Montana Farmers Union wants to be included in a suit filed by members of the Blackfeet Nation challenging President Trump's tariffs on imports from Canada and abroad, arguing that the duties under scrutiny hurt the state's farmers the same way they hurt tribal members.
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April 22, 2025
Tarter Krinsky Draws On Art Law Expert For New Practice
Tarter Krinsky & Drogin LLP launched an art law practice Tuesday, drawing on the expertise of a new partner who handles complex litigation and transactional matters related to the market.
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April 22, 2025
Ex-Baker Donelson Construction Atty Joins McNees Wallace
Pennsylvania-based McNees Wallace & Nurick LLC has added a construction litigation and arbitration attorney to the firm's Towson, Maryland, office as an of counsel from Baker Donelson Bearman Caldwell & Berkowitz PC.
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April 21, 2025
Contrarian Unit's $3.7B Citgo Bid Gets OK Despite Objections
A Delaware federal judge on Monday approved a Contrarian Capital Management affiliate's floor-setting $3.699 billion bid for Citgo's parent company, adopting the recommendation of a special master despite resistance from other bidders.
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April 21, 2025
Mexican Banks Escalate Discovery Fight With Sanctions Bid
A Mexican bank and its affiliates have asked a Texas federal judge to sanction a businessman and his attorneys in a fraud case, saying they have deliberately obstructed court-ordered discovery in litigation accusing him of diverting and concealing corporate assets.
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April 21, 2025
Binance Crypto Suit Sent To Florida To Avoid Duplication
A Washington federal judge on Monday transferred to Florida a proposed class action over Binance's alleged role in laundering stolen cryptocurrency, finding that the case heavily overlapped with a lawsuit filed earlier in the Sunshine State that was sent to arbitration.
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April 21, 2025
Royal Caribbean Faces Class Action Over Hidden Cameras
A putative class suing Royal Caribbean after a now-former employee secretly placed a hidden camera in their rooms is fighting the cruise line's bid to force their damages claims into arbitration, saying it's "absurd" to argue that they agreed to waive their right to litigate such claims.
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April 21, 2025
Justices Nix Appraiser's Petition Seeking Arbitral Immunity
An insurance appraiser failed Monday to get the U.S. Supreme Court to define what "arbitration" actually means under the Federal Arbitration Act, seeking immunity after a Colorado state jury found he fraudulently inflated a $1.6 million appraisal award against a Travelers unit that was ultimately vacated.
Expert Analysis
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch 鈥 supported by metrics and cost analyses 鈥 may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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When US Privilege Law Applies To Docs Made Outside The US
As globalization manifests itself in disputes over foreign-created documents, a California federal court鈥檚 recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.
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Decoding Arbitral Disputes: Cross-Border Contract Lessons
A U.K. court's decision this month in Banco De Sabadell v. Cerberus provides critical lessons for practitioners involved in drafting and litigating cross-border investment agreements, and offers crucial insight into how English courts apply foreign law in complex cross-border disputes, says Josep Galvez聽at聽4-5 Gray's Inn.聽
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Contending With Issues Of Corruption In Int'l Arbitration
A recent survey gauged the international legal community's views on dealing with corruption allegations in arbitration, and the results indicate a clear call for arbitrators to be more proactive and interventionist in order to maintain the integrity of the process, say attorneys at BCLP.
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What 2024 Trends In Marketing, Comms Hiring Mean For 2025
The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends 鈥 from changes in the C-suite to lateral move challenges 鈥 providing clues for what鈥檚 to come in the year ahead, says Ben Curle at Ambition.
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Series
Group Running Makes Me A Better Lawyer
The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen聽at聽Greenwald Doherty.
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Can Romania Escape Its Arbitral Award Catch-22?
Following a recent European Union General Court decision, Romania faces an apparent stalemate of conflicting norms as the country owes payment under an International Centre for Settlement of Investment Disputes award, but is prohibited by the European Commission from making that payment, say attorneys at Orrick.
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Opinion
6 Changes I Would Make If I Ran A Law School
Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.
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Firms Still Have The Edge In Lateral Hiring, But Buyer Beware
Partner mobility data suggests that the third quarter of this year continued to be a buyer鈥檚 market, with the average candidate demanding less compensation for a larger book of business 鈥 but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.
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Preparing For The New Restrictions On Investment Into China
In light of a new regulatory program governing U.S. investments in China-related technology companies of national security concern, investors should keep several considerations in mind, including the rules' effect on existing and new investments, compliance hurdles, and penalties for noncompliance ahead of the rules' January implementation, say attorneys at Gunderson Dettmer.
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Think Like A Lawyer: 1 Type Of Case Complexity Stands Out
In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a 鈥渟liding scale鈥 approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.
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State Immunity Case Highlights UK's Creditor-Friendly Stance
The English Court of Appeal's decision in a conjoined case involving Spain and Zimbabwe, holding that the nations cannot use state immunity to escape arbitral award enforcement, emphasizes the U.K.'s reputation as a creditor-friendly and pro-arbitration jurisdiction, says Jon Felce at Cooke Young.
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Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity
Cases can appear complex for several reasons 鈥 due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources 鈥 but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.
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Series
Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.