Alternative Dispute Resolution (ADR) Updates

Read Alternative Dispute Resolution updates, alerts, news, and commentary from leading lawyers and law firms:
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Supreme Court Applies McWane To Arbitration

For the first time, the Delaware Supreme Court held that an arbitration proceeding qualifies as a having been first filed, warranting dismissal of a later filed suit under the McWane doctrine on forum selection. ...more

The Enactment Of The Delaware Rapid Arbitration Act

Earlier this month, the Governor of Delaware signed the Delaware Rapid Arbitration Act (DRAA) into law, ushering in what the State of Delaware hopes will be an efficient and cost-effective alternative to the traditional...more

Hidden Camera Leads to Dismissal

An arbitrator recently upheld the termination of a “reliable and capable” Personal Support Worker (a “PSW”) with no prior disciplinary record, because of significant mistreatment of an individual she was responsible for, and...more

Federal Employment Case Update | Pizza and Beer

Members of Certified Class Lack Standing to Challenge Class Arbitration Ban - Conners v. Gusano’s Chicago Style Pizzeria - United States Court of Appeals, Eighth Circuit - When Jacqueline Conners brought a class...more

Delaware Rapid Arbitration Act to Take Effect in May 2015

On April 2, 2015, Delaware Governor Jack Markell signed into law the Delaware Rapid Arbitration Act (the DRAA). The bill (H.B. 49) had been passed overwhelmingly by the Delaware House and unanimously by the Delaware Senate in...more

Court Addresses Honorable Engagement Provision In Arbitration Clause

In First State Insurance Company v. National Cas. Co., 2015 WL 1263147, No. 14-1644 (1st Cir. March 20, 2015), the U.S. Court of Appeals for the 1st Circuit (the “Court of Appeals”) affirmed the lower court’s refusal to...more

60 Crummey Withdrawal Beneficiaries Allowed

For many years, courts have recognized that gifts to a trust can qualify for the gift tax annual exclusion as “present interest” gifts if withdrawal powers are granted to beneficiaries.The IRS is hostile to persons being...more

5th Circuit Vacates Arbitration Award Conducted By Wrong Arbitrator Under Wrong Rules

Let’s say your arbitration agreement calls for arbitration administered by JAMS under JAMS rules, but the arbitrator is independent and applies AAA rules, over one party’s objection.  A new decision from the Fifth Circuit...more

Amendments to Code of Conduct for Credit and Debit Card Industry

Amendments made to the Code of Conduct for the Credit and Debit Card Industry in Canada (Code) released by the Department of Finance on April 13, 2015, will have interesting repercussions across the entire payment industry...more

Managing Your Class-Action Risk Through Arbitration Agreements

More companies are now using arbitration agreements to manage class-action risk. Several recent U.S. Supreme Court decisions have made it possible for companies to use arbitration to resolve disputes while managing...more

The Other Shoe Has Dropped: CFPB Releases Report on Arbitration

The Consumer Financial Protection Bureau (CFPB) recently released its long awaited Report to Congress on arbitration agreements in consumer financial contracts. The Report’s conclusion, and Director Richard Cordray’s remarks,...more

FCC Enforcement Bureau Stays Pole Attachment Complaint Proceeding Pending Completion of Arbitration

In a March 16, 2015 Letter Ruling, the Market Disputes Resolution Division of the FCC’s Enforcement Bureau granted a request by Duke Energy Carolinas, LLC (“Duke”) for a stay in a pole attachment complaint proceeding brought...more

4 Tips on How to Be Both Assertive and Effective in Settlement Negotiations

One of the key components of the opening phase of a negotiation is articulating your client’s intentions, needs, and hopes regarding a settlement. You can strongly assert your client’s point of view in a way that also fosters...more

Minimizing the Litigation Risk with Mediation

Litigation is defined in numerous dictionaries in various ways. One definition is “The legal process of spending a lot of time, effort and money in court proceedings which may or may not resolve a dispute between two or more...more

Sixth Circuit Decision Refusing to Enforce Collective Action Waiver Included in Separation Agreement Remains Intact; Supreme Court...

This week, the Supreme Court disappointed many employers by declining to determine whether the Fair Labor Standards Act does or does not provide employees with a non-waivable substantive right to bring a collective action. ...more

Essendon v ASADA: Players cleared

The Australian Football League Anti-Doping Tribunal has cleared 34 past and present players of any wrongdoing in relation to a supplements program at the Essendon Football Club. The tribunal, consisting of two former...more

Court Directs Cedents To Indicate Whether They Will Continue To Argue Against The Finality Of An Arbiration Award To Preclude Its...

In a pending dispute in the Southern District of New York arising from a quota share contract of reinsurance between Employers Insurance of Wausau, as reinsurer, and Nutmeg Insurance and Twin City Fire, as cedents, Nutmeg and...more

CFPB Study May Pave The Way For Class Actions Against Consumer Financial Products Companies

The Consumer Financial Protection Bureau (CFPB) recently released a study examining the prevalence, perception and effects of arbitration clauses in contracts for consumer financial products. Although the study purports to be...more

6th Circuit Holds that Accountants Conducting Financial Arbitration Can Also Make Legal Determinations

A new case from the Sixth Circuit addresses whether accountants who are resolving a dispute about payments made under an agreement can also make legal determinations about the same agreement. In a 2-1 decision, the Sixth...more

Court Affirms Reinsurance Arbitration Award In Favor Of First State Inurance Company And New England Reinsurance Corporation

Phased arbitration proceedings involving First State Insurance Company and New England Reinsuance Corporation against Nationwide Mutual Insurance Company addressed claims arising under numerous reinsurance agreements between...more

Arbitration Agreements in Residency Contracts Offer Valuable Protections—Part III

Over the past few months, I have explained how arbitration agreements can help save your company money, and described several “best practices” for drafting arbitration agreements. As I wrote last month, getting your case...more

The Ropes Recap: Mergers & Acquisitions Law News - First Quarter 2015

In this issue: - News from the Courts - Chancery Court Denies Enforcement of Drag-Along Right in Transaction Where Notice to Minority Stockholders Improperly Provided After Majority Stockholder Approval...more

Arbitration Outcomes Not Binding on Subsequent Arbitration Panels, Court Rules

A recent Alberta Court of Queen's Bench decision in ENMAX Energy Corporation v. TransAlta Generation Partnership addresses long-standing legal principles such as stare decisis and res judicata in the context of arbitration...more

Mediation: Confidentiality and Enforceability

An essential element of a successful mediation is confidentiality. Participants to a mediation must be able to rely on the confidentiality of the process if they are going to be candid with the mediator about their settlement...more

Sports, Media and Entertainment Intelligence - April 2015 (Global)

FILM AND TV - Australia: ACMA's broad powers to hold media accountable confirmed by High Court - The High Court has confirmed that the Australian Communications and Media Authority (ACMA) has the power to declare that a...more

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