In a recent development, the Southern District of New York dismissed a petition to confirm a foreign arbitration award amounting to $145 million. The award was initially rendered in Hong Kong, but the court made its decision to dismiss based on lack of personal jurisdiction. The case brought to the attention the complexities surrounding the…
In a noteworthy development, the United States Ninth Circuit Court recently upheld the validity of a clause delegating authority to arbitrate, even if the larger arbitration agreement is null and void. This ruling emphasizes the standing of the delegation clause as an individual agreement that is separate from, and not contingent upon, the overall enforceability…
In Minnesota, a new law taking effect from July 1, 2023, sharpens the legal and financial stakes for corporations that require their employees to sign noncompete agreements. The legislation represents another indicator of the broader shift across the United States to limit the efficacy and scope of non-compete clauses in employment contracts. A major component…
In an intriguing turn of events in international litigation, the U.S. Supreme Court recently ruled in the case of Yegiazaryan v. Smagin (available for review here), offering a new approach for foreign plaintiffs looking to collect on arbitration awards in the U.S. By employing the Racketeer Influenced and Corrupt Organizations Act (RICO), it can indeed…
In an insightful discussion, Troutman Pepper White Collar and Legal Partner Cal Stein recently touched upon the role of the Racketeer Influenced and Corrupt Organizations Act (RICO) with regards to enforcing and collecting foreign arbitration awards. This conversation unfolds amidst a backdrop of increasing relevance and complexity in cross-border business and legal matters, warranting an…
On August 3, 2023, the Ninth Circuit took a non-committal stance on the question of whether a website, using high school yearbook photos to advance its subscriber base, is protected under Section 230 from being the target of a class-action lawsuit. The case alleges that such use of photos constitutes a violation of the publicity…
The Eleventh Circuit Court of Appeals recently joined the likes of the Second, Third, Fifth, Sixth, Seventh, Ninth, Tenth, and D.C. circuits with their latest en banc decision. Earlier this year, the bench presided over the case of Corporacion AIC, SA v. Hidroelectrica Santa Rita S.A.. At issue was whether the grounds for vacatur under…
In a recent legal development, the First Circuit Court of Appeals handed down a decision in Powers v. Receivables Performance Management, LLC, holding that a motion to reconsider an appealable interlocutory order denying a motion to compel arbitration is not appealable. This significant ruling is crucial for legal professionals and corporate entities involved in litigation…
In a recent ruling that has sent ripples across the UK’s litigation funding industry, the UK Supreme Court declared that a large number of litigation funding agreements are in fact damages-based agreements (DBAs), and hence, are subject to comply with the relevant regulations. This ruling has caused concern among funders as they scramble to reassess…
The status quo regarding mandatory disclosure of third-party litigation funding is under scrutiny. Legally vested committees are currently considering whether to make such disclosure obligatory. David Levitt, esteemed legal expert, recently pushed the conversation forward on the matter, advocating for the necessity of this mandate to fortify the even-handed administration of justice across all litigations….
Arbitration has traditionally served as an alternative to litigation in the field of construction disputes. Many construction agreements incorporate clauses that reference arbitration, with several of these bringing into play particular rules set by designated arbitration providers. Lately, though, procedural issues within this area have been brought to light, particularly pertaining to the state of…
In a noteworthy decision, the Third Circuit Court of Appeals has reiterated its prior judgment allowing creditors of Venezuela who have obtained arbitration awards to lay claim on the U.S. assets of Petroleos De Venezuela, S.A. (PDVSA), Venezuela’s national oil company. This conclusion, accessible in detail via the following link, Third Circuit Affirms Judgment Allowing…
In the aftermath of the COVID-19 pandemic, the question of mitigating conflicts through alternative dispute resolution methods has become more prevalent than it used to be. This has been particularly the case within the elder care sector, and specifically, nursing homes. After a year of immense strain due to COVID-19, the demand for new conflict…