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Lago Agrio: Donziger finishes serving his sentence
Steven Donziger finished serving his sentence yesterday following his conviction of criminal contempt of court. Although it will come too late to affect his sentence, his appeal challenging the constitutionality of the proceedings, in which the government was represented by a private prosecutor as provided in Fed. R. Crim. P. 42 who, Donziger says, was……
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Case of the Day: Cassirer v. Thyssen-Bornemisza Collection Foundation
The case of the day is Cassirer v. Thyssen-Bornemisza Collection Foundation (S. Ct. 2022). Justice Kagan, who wrote the opinion for a unanimous court, is such a good writer that sometimes the cases she decides are harder than she makes them look. But I do think today’s case was an easy one. Paul Cassirer was……
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Case of the Day: US v. Vaello Madero
It was a busy day at the Supreme Court yesterday. You probably logged on expecting to read about the Cassirer case, and I’ll try to get a post up about it next week. But over time, I have covered some of the First Circuit’s Puerto Rico status cases, so I wanted to comment on US……
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Thoughts on the Bill on Arbitration of Sexual Assault and Harassment Claims
In February, Congress passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. The new law amends the Federal Arbitration Act to forbid employers from requiring employees to agree to arbitrate sexual assault or sexual harassment claims under federal, state, or tribal law. I wanted to comment on the bill generally,……
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Case of the Day: Hulley Enterprises v. Russian Federation
The case of the day is Hulley Enterprises, Ltd. v. Russian Federation (D.D.C. 2022). It involves the $50 billion arbitral award that shareholders in Yukos Oil Co. obtained against Russia in 2014 after alleging, in an arbitration in the Netherlands, that Russia had violated the Energy Charter Treaty by measures intended to “bankrupt Yukos, appropriate……