The U.S. Supreme Court has ruled in the case of ZF Automotive US v. Luxshare that parties to private foreign or international arbitrations may not seek discovery assistance from U.S. federal courts for use in their...more
In this third alert in our series regarding the European Parliament’s formal endorsement of a new collective actions legislation entitled the Directive of the European Parliament and of the Council on Representative Actions...more
On 1 October 2020, the London Court of International Arbitration (LCIA) implemented its newly promulgated and updated rules, seeking to improve and expedite its international commercial arbitration proceedings....more
A Message Regarding Racial Inequality: Faegre Drinker is deeply affected by the disturbing and terrible events surrounding the senseless deaths of George Floyd, Breonna Taylor, Ahmaud Arbery and Rayshard Brooks. While these...more
On June 1, the U.S. Supreme Court in GE Energy Power Conversion France SAS v. Outokumpu Stainless USA, LLC, 590 U.S. ___ (June 1, 2020) unanimously held that a non-party may enforce an international arbitration agreement...more
6/9/2020
/ Arbitration Agreements ,
Contract Terms ,
Convention on the Recognition and Enforcement of Foreign Arbitral Awards ,
Enforcement of Foreign Judgments ,
Equitable Estoppel ,
Federal Arbitration Act ,
Foreign Arbitral Awards ,
GE Energy Power Conversion France SAS v. Outokumpu Stainless USA LLC ,
Motion to Compel ,
Non-Signatories ,
SCOTUS ,
State Law Claims ,
Subcontractors
A current hot topic concerning international arbitration is whether parties can obtain discovery through the U.S. courts. Under 28 U.S.C. § 1782, an interested person may petition a district court for an order requiring a...more
With COVID-19 changing everything we do in our personal and business lives, franchisors are faced with all the same challenges as other businesses, but also several unique twists due to the nature of franchising. Franchising...more
With COVID-19 changing everything we do in our personal and business lives, franchisors are faced with all the same challenges as other businesses, but also several unique twists due to the nature of franchising. Franchising...more
California Gov. Gavin Newsom signed Assembly Bill 5 (AB-5) on September 18, 2019, which adopts the “ABC test” for certain California employment laws. Soon after, on September 24, 2019, the U.S. Court of Appeals for the 9th...more
Companies doing business in California and elsewhere scored a victory yesterday in one of the fastest growing areas in employment law: joint employment claims. In a significant opinion, the U.S. Court of Appeals for the 9th...more
On May 2, 2019, the Ninth Circuit issued a ruling that has wide implications for California franchisors who rely on independent contractor relationships. In a unanimous decision, the Ninth Circuit held that the more rigid ABC...more
After the National Labor Relations Board (NLRB) changed its joint employer standard in August 2015, two likely avenues to repeal that change emerged: Congress and the courts. In September of that year, congressional...more
On May 11, President Obama signed into law the Defend Trade Secrets Act (DTSA). The DTSA provides companies with a federal cause of action to enforce their trade secret rights. The legislation passed with major bipartisan...more
On August 27, 2015, a divided (3-2) National Labor Relations Board (NLRB) changed the standard for joint employment under the National Labor Relations Act (NLRA) in its lengthy Browning-Ferris Industries of California, Inc....more
The National Labor Relations Board (NLRB) and Service Employees International Union (SEIU) have been coordinating attacks on the franchise business model. These activities were a primary focus for all attendees at the May...more
On December 19, 2014, the National Labor Relations Board's (NLRB) Office of General Counsel took another step forward in its effort to erase the line between franchisors and franchisees. In a controversial move, the Office of...more
In Thomas v. Taco Bell Corp.,[3] a franchisee association planned a promotion in which text messages were sent to 17,000 people in the Chicago area to promote a local sweepstakes contest. The lower court dismissed the case...more
Congress has taken another step toward enactment of federal civil trade secrets legislation. On September 17, 2014, the House Judiciary Committee approved H.R.5233, the Trade Secrets Protection Act of 2014, with a single...more
On August 28, 2014, the California Supreme Court issued a landmark ruling in favor of Domino's Pizza and all business format franchisors that do business in California. In Patterson v. Domino's Pizza, LLC, ---P.3d---, 2014 WL...more
In a decision with potentially far-reaching consequences for the franchise industry, the National Labor Relations Board's (NLRB) Office of General Counsel decided on July 29, 2014, that it will require McDonald's USA, LLC...more
Tomorrow, a U.S. Senate Judiciary subcommittee will hold a hearing to address whether current trade secret laws are strong enough to meet current threats of trade secret theft. A new bill introduced in Congress would give...more