In the first part of this article, we discussed why we need experts in international arbitration, how to find the right expert to instruct, and some practical guidance on how to work with experts for the best results. In this second part of the series, we consider what expert reports should cover, the ins-and-outs of expert meetings and some practical tips and tricks for oral testimony.
The App Store Wars: An “Epic” Loss for Google Takes Shape
Although Google fought tooth and nail against it, a win for an underdog video game developer means the Google Play Store could likely soon look a lot different for Android users. Google met its match in December when Epic Games, the creator of the hit video game Fortnite, won on all counts in its antitrust suit against the tech titan. However, the fight is far from over: the court is currently determining what exactly the Google Play Store will look like in the future and heard arguments last week over Epic’s proposed injunction. As Judge Donato of the Northern District of California put it during the hearing, despite Google’s argument that “there’s a terrifying world of chaos and energy that’s just around the corner if there’s competition in the app store market,” the judge “just [doesn’t] buy it.” On the other hand, he said Epic’s proposed injunction – which would bar Google from enforcing “contractual provisions, guidelines or policies, or otherwise imposing technical restrictions, usage frictions, financial terms or in-kind benefits that … restrict, prohibit, impede, disincentivize or deter the distribution of Android apps through an Android app distribution channel other than the Google Play Store” – was “too open-ended.” Proceedings continue in August, and the parties will have opportunity for closing arguments. In the meantime, we revisit the implications and the stakes of the case, beyond just Google and its Play Store.
Become An Expert In Experts: A Practical Client Guide To Working With Experts In International Arbitration, Part 1
Experts can make or break a case. In this two-part article, we consider how to get the best results at trial looking at the why, the who and the how of working with experts.
A Setback And An Opportunity: The Halted Progress Of The English Arbitration Act 1996 Reform
Recent developments have impacted the much-anticipated update to the English Arbitration Act 1996. Proposed reforms, developed by the Law Commission and through a consultation process, marked the first significant changes to the Act since its inception. However, Prime Minister Rishi Sunak’s unexpected decision to call a general election in July 2024 has halted all current parliamentary business, including the passage of the bill to reform the Act.
Recent Developments in International Arbitration: English Court Sets Aside Arbitral Awards in Landmark Nigeria Case
In this article series, we look at key arbitration related decisions from the past year and draw out the key lessons for users of arbitration.
Arbitral awards are rarely set aside by national courts but the 2023 English case of The Federal Republic of Nigeria v Process & Industrial Developments Ltd. involved an extraordinary and successful challenge to an US $11bn award for serious irregularity, despite the high threshold applied by English law. The judgment expressly invited the arbitration community to reflect on best practice for disputes involving states and large sums to ensure fairness and the visible integrity of the process.
Tribal Sovereign May be Sued in Court for Alleged Theft of Trade Secrets Related To its Participation in SBA Program
AQuate II, LLC v. Jessica Tedrick Myers and Kituwah Global Gov’t Group, LLC, is, as all parties put it, about “an archetypical trade secrets claim,” but with a couple of twists: sovereign immunity and an agreement to resolve disputes in a forum that allegedly does not exist.
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Battery Technology Trade Secret Theft Runs Out of Juice
A recent complaint alleging trade secret misappropriation in the Eastern District of New York demonstrates the importance of combing an alleged trade secret misappropriator’s social media for subtle – and not-so-subtle – evidence of their wrongdoing.
The United States has charged Klaus Pflugbeil and Yilong Shao with conspiring to convey…