March 18, 2013 | National Law Journal
Was Hugo Chávez reasonable?In his heart of hearts, Hugo Chávez was a student of expropriation law. (Indeed, one might say that he was its leading practitioner.)
By Michael D. Goldhaber
3 minute read
January 30, 2012 | National Law Journal
Update: Chevron in Ecuador suitOn Jan. 26, nearly a year after Chevron Corp. asked a New York federal court to block enforcement of a multibillion-dollar judgment in Ecuador over oil contamination in the Amazon, the U.S. Court of Appeals for the 2d Circuit said no in the most sweeping possible terms. Where does Chevron go from here?
By Michael D. Goldhaber
3 minute read
February 27, 2012 | National Law Journal
Treaty arbitration v. Ecuador's courtsOn Feb. 16, Chevron Corp. won an arbitral award neutralizing the $18 billion Ecuadorian judgment now on appeal in that country — only to have an Ecuadorian court defy the arbitrators the next day.
By Michael D. Goldhaber
3 minute read
July 22, 2013 | National Law Journal
U.S. Climbs Off the Transparency TrainA federal judge's decision to vacate the U.S. Securities and Exchange Commission's Dodd-Frank Section 1504 rule, which would force U.S.-listed petroleum and mining companies to disclose payments to all governments around the world, is wrong on the law and wrong on policy.
By Michael D. Goldhaber
3 minute read
July 23, 2012 | National Law Journal
The rise and rise of OFACThe ING settlement punctuates a dramatic shift in the power of the Treasury Department's Office of Foreign Assets Control.
By Michael D. Goldhaber
3 minute read
August 13, 2012 | The American Lawyer
The Global Lawyer: The Case of the Lesbian JudgeWith help from pro bono counsel at Morrison & Foerster, a judge in Chile won an Inter-American Court ruling that's bound to reverberate around the world through judicial dialogue.
By Michael D. Goldhaber
4 minute read
October 01, 2013 | The American Lawyer
The Global Lawyer: Spinning the Chevron TrialDid Chevron drop its jury demand because it lost a mock trial? That's The Global Lawyer's guess. But while Chevron may be scared of a jury, the Ecuadorians are afraid of justice.
By Michael D. Goldhaber
4 minute read
August 05, 2013 | National Law Journal
A Guide for How to Handle Evil ClientsThe London nonprofit A4ID has published its primer on how to handle your evil clients, "The UN Guiding Principles on Business and Human Rights: A guide for the legal profession." But it doesn't pretend to have all the answers.
By Michael D. Goldhaber
3 minute read
June 17, 2013 | National Law Journal
Arbitration Bears Patina of BiasThe greatest weakness of the treaty system is the appearance of bias. The critiques of arbitrator independence have gone unheeded, and they are only growing louder.
By Michael D. Goldhaber
3 minute read
April 29, 2013 | National Law Journal
The zombification of alien tort lawRather than kill the corporate alien tort outright, the court maimed all forms of alien tort by restricting their territorial reach.
By Michael D. Goldhaber
3 minute read