As scrutiny over foreign investment within the legal sector heightens, a Chinese firm has reportedly taken the bold step of funding four intellectual property lawsuits in US courts. Amid growing concerns, members of Congress are closely examining the role foreign investment plays in American litigation, leading to discussions about potential bans in certain scenarios. The…
In a recent manner involving a franchisee’s motion, the federal court in Florida made a noteworthy decision. The franchisee’s motion to vacate an arbitration award was rejected, even though the franchisee argued they were not properly notified of the arbitration hearing. The inquiry, Your CBD Stores Franchising, LLC v. Buckwalter, made headlines and stirred discussions…
In a striking development in the arbitration world, the English Court has upheld a challenge to an enormous arbitration award against Nigeria, estimated at US$11 billion, on the grounds of it being fraudulently procured. The judgment, which aimed to rectify what English judge referred to as “the most severe abuses of the arbitral process”, offers…
In recent news, the Eighth Circuit Court of Appeals made a notable ruling with regard to the use of arbitration clauses. The court affirmed the denial of a motion to compel arbitration which was filed by a plaintiff. The court’s rationale in this case speaks to broader implications for how companies handle contract disputes involving…
In an exciting move, Stewarts law firm has appointed a new head of International Arbitration, a hire directly from Norton Rose. Stewarts continues to build upon its reputation for strategic hiring, thereby strengthening its legal expertise. The newly-appointed head brings extensive international arbitration experience, a shift expected to bolster Stewarts’ capabilities. The firm’s recent actions…
Lawyers from Covington & Burling have secured a victory worth 267 million dollars for DTEK Group in a dispute with Russia pertaining to seized assets in Crimea. Following a five-year long legal battle, an international arbitration panel based in The Hague ordered Russia to compensate with the hefty award amount, as confirmed by both the…
A recent decision by the London High Court to annul an $11 billion arbitral award is casting a spotlight on some of the potential pitfalls in the international arbitration landscape. The overturned sum points to allegations of corrupt practices, a development that has raised a myriad of questions regarding the general credibility and trust that…
Polsinelli PC, along with one of its shareholders, has requested a district court in Washington D.C. to dismiss certain allegations and force arbitration of other claims presented by a former equity shareholder. The allegations form part of a significant lawsuit, holding $20 million in penalties, related to sexual harassment and retaliation against the former stakeholder….
Legal professionals operating in the construction industry and related sectors understand just how integral contracts are to any project. One particular area that often receives significant scrutiny is the notice and claim procedures specified within the terms of these contracts. These procedures play a crucial role in ensuring that projects run smoothly, yet they can…
In a recent dispute, Polsinelli PC, a prominent national law firm, has filed a motion to dismiss an ex-partner’s sexual harassment lawsuit, alleging the claims are beyond the specified statutory obligations of Missouri law as dictated by her employment contract. The firm’s legal team stated that the accusations leveled by the ex-partner are both “legally…
In the recent case of Fama v. Opportunity Financial LLC, OppFi, a prominent fintech company, celebrated its third victory in federal court over its enforceable arbitration provision. The ruling by a Magistrate Judge in the Western District of Washington rejected the plaintiff’s claims that the arbitration provision in OppFi’s installment loan agreement was substantively and…
In a case that could influence how large corporations handle legal disputes, the U.S. District Court for the Eastern District of North Carolina made a significant ruling. The court recently held that the Servicemembers Civil Relief Act (SCRA), which allows for SCRA claims to be brought forward on a class basis, supersedes the Federal Arbitration…
In the closing of California’s 2023 legislative session, Governor Newsom recently signed a multitude of new bills into law. Aimed squarely at the state’s employers, these bills span several areas of employment law, thus necessitating careful attention from all employers operating within the state’s jurisdiction. Herein, we detail the key changes in this updated legislative…
Law firm Lax & Neville LLP is known for its notable specialization in securities arbitration/litigation, financial services regulatory defense, and more. The firm’s dedication to exceptional legal work has led it to become an indispensable asset among clients in various corporate sectors. Understanding the dynamic demands of the industry, Lax & Neville LLP continuously looks…
Bennett Jones, a Canadian law firm, continues to expand its Montreal office, which was launched only in May. The firm’s latest additions bring the office’s roster to 11 lawyers and a senior advisor. Among the new additions is Martin Valasek, previously with Norton Rose Fulbright Canada for more than 20 years. Valasek starts his tenure…
In a noteworthy development, the Supreme Court of Tennessee has given the nod to a trial court’s decision to consider extrinsic evidence in a dispute examining the capacity of an individual with Down syndrome to execute a durable power of attorney. This power of attorney was subsequently utilized by the person’s brother to sign an…
In a recent ruling by the Superior Court of Pennsylvania, an arbitration clause included in a home improvement contract was declared invalid. The basis for this decision was the contract’s failure to comply with the Pennsylvania Home Improvement Consumer Protection Act (HICPA). Case details can be found here. For legal professionals working in related sectors,…
In a recent development, the Supreme Court has refrained from clarifying the enforceability of mandatory arbitration provisions in fiduciary breach claims, a topic of increasing significance in light of the surge in class action litigation against 401(k) plans in recent years. This decision continues to leave corporations and law firms in a state of uncertainty….
In a notable case regarding arbitration agreements, the District of Rhode Island recently invalidated a “naked” class action waiver on public policy grounds. Arbitration agreements, particularly those including class action waivers, have been a prevalent topic in legal articles as firms utilize these waivers to mitigate the risk of class action litigation. The key to…
The October Monthly Minute primarily focuses on two intriguing legal aspects that merit attention – The Sixth Circuit’s decision that emphasizes the adequacy of claim procedures and related judicial review standards, and the Supreme Court’s reluctance to get involved in the arbitration clause enforceability in ERISA litigation. Both topics are of emerging importance and carry…
With the global marketplace becoming ever more interconnected, international commercial arbitration has emerged as a prominent method for the resolution of transnational contractual disputes. However, it is apparent that international arbitration, despite its inherent merits, is frequently lambasted for being too slow, complex, and costly. And yet, these obstacles are more frequently the product of…
Norton Rose Fulbright has appointed a new partner in its Dubai branch. The new officer, Nick Sharratt, now heads the firm’s Middle East dispute resolution practice. Sharratt, who has amassed over a decade of experience in the region, previously served at Stephenson Harwood. His scope of practice broadly encompasses litigation, international arbitration, asset recovery, and…
In the business world, it is common for courts to appoint receivers to manage the affairs of Limited Liability Companies (LLC) when their internal management is plagued by conflicts or breaks down completely. The receivers, particularly general equity receivers as opposed to those conferred with more restricted powers, such as deed of trust receivers, are…
In a significant legal decision, a UK court has sided with Nigeria in a case concerning an $11B arbitral award, declaring it fraudulent. Law.com reports that the judgment involved law firms Mishcon de Reya, which represented Nigeria and Quinn Emanuel Urquhart & Sullivan, which had replaced Kobre & Kim as P&ID’s representatives. Judge Knowles, in…
In a recent move, Scott Watson has transitioned into a partner position at the environmental department of Barnes & Thornburg in the Grand Rapids, Michigan office. Watson possesses significant expertise in advising clients on various facets of regulatory and litigation issues that concern both federal and state environmental laws. His professional repertoire includes dealings with…