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[Webinar] Controlling Where to Fight and Who Pays for it? – A Discussion of Recent Developments in Delaware Forum Selection and...

To address the continued problem of duplicitous stockholder strike suits, corporations have started to experiment with forum selection bylaws (which limit the jurisdictions in which stockholders may bring such suits) and fee...more

A is for…Arbitration: Can A Non-Signatory To A Contract Enforce An Arbitration Provision In That Contract?

A corporate client is engaged in arbitration with a third party pursuant to an arbitration provision in the contract between the parties. An executive signed the contract “on behalf of” the company, but did not sign the...more

[Event] Breakfast With Your Labor Lawyer - May 20, Orange County, CA

Please join us for Sheppard Mullin's annual “Breakfast with Your Labor Lawyer." 2015 presents significant developments in California labor and employment laws. We will explain how these new developments will affect day-to-day...more

New Delaware Law Promises “Prompt, Cost-Effective, and Efficient” Arbitration for Business Disputes

Why it matters - In a hurry? A new law in Delaware could impact businesses and financial institutions across the country by establishing a streamlined arbitration process for the “prompt, cost-effective, and efficient”...more

Commercial Division Practice Continues to Shift Towards Federal Standards with Four Proposed Rule Changes

The Commercial Division Rules are once again the subject of several proposed amendments, as detailed below. While these proposals are not as far-reaching as some of the rule changes enacted in 2014, they nonetheless raise...more

[Event] Sheppard Mullin's Spring 2015 Labor & Employment Law Update - May 5, New York, NY

Please join our experienced attorneys for an informative and lively discussion on a variety of timely topics, including: - Leading Court Decisions and Key Legislative Developments in 2015 - Psychological Disabilities...more

Post-Dispute Adoption of Arbitration Bylaw Fails

Recent court decisions in other states allowing enforcement of certain “forum selection” clauses in corporate bylaws has sparked much discussion on the scope of such clauses. A California court has just weighed in and made it...more

What’s New in Delaware: Fee-Shifting and Forum Selection Bylaws, Appraisal Rights and Rapid Confidential Arbitration

The Corporation Law Section of the Delaware State Bar Association recently approved amendments to the General Corporation Law of the State of Delaware (the “Proposed DGCL Amendments”), which would prohibit Delaware stock...more

Delaware Legislature Introduces Rapid Arbitration Act

The Delaware Rapid Arbitration Act, House Bill 49, was recently introduced in the Delaware General Assembly. The proposed Act would establish a streamlined arbitration procedure to resolve disputes involving Delaware business...more

Lewis v. Aimco Properties, L.P, et al., C.A. No. 9934-VCP (Del. Ch. Feb. 10, 2015) (Parsons, V.C.)

In this memorandum opinion, the Court of Chancery (i) granted in part certain defendants’ motion to dismiss for lack of subject matter jurisdiction, specifically ordering a stay pending arbitration; and (ii) granted certain...more

California court Refuses To Enforce Bylaw Amendment Compelling Arbitration By the Members Of The Corporation

There have been several recent Delaware court decisions and much commentary regarding the enforceability of bylaw provisions that establish rules governing stockholder litigation, including fee-shifting provisions and forum...more

Court Of Chancery Upholds Arbitration Clause In LLC Agreement After Conversion

This is an interesting decision because it deals with whether an LLC agreement requiring arbitration may be enforced even after the LLC was converted into a corporation that lacks such an arbitration clause....more

Are You Sure You Want an Arbitration Clause? (Part 2 of 3)

Many business people, and even some lawyers, take it as an article of faith that any contract is improved by including an arbitration clause. If you ask them why they think a contract should contain an arbitration clause, you...more

A Couple Of Things To Know Before Bringing A Piercing The Corporate Veil Claim

You might remember the case of  Cold Springs Ventures, LLC v. Gilead Sciences, Inc..  Last year, Judge Jolly stayed an arbitration proceeding pending a ruling on a piercing the corporate veil claim.  If you are a reader of...more

Nonresidential Condominium Bill Becomes Law

Last week Governor Rick Scott signed into law SB 440, which became Chapter 2014-14 of Florida Laws. This bill removes the requirements imposed on residential condominiums under the Florida Condominium Act regarding elections...more

Collateral Estoppel Sinks LLC Members' Claim

It might seem uncontroversial that the members of a limited liability company cannot follow with a personal lawsuit for injuries after their LLC litigates, and loses, claims based on the same issues. But it took the Business...more

Arbitration Act 1996 Section 42: Neither a rubber stamp nor a licence to revisit

Section 42 of the Arbitration Act 1996 acts as an effective, although rarely used, mechanism to enforce a recalcitrant party to comply with an arbitrator's peremptory order. But how deep into the merits of a peremptory order...more

Business Litigation Reporter

We are pleased to introduce the inaugural issue of Goodwin Procter’s Business Litigation Reporter. This unique publication provides timely summaries of key cases and other developments within dedicated Business Litigation...more

Supreme Court Narrows Another Loophole for Escaping Arbitration

The U.S. Supreme Court holds that arbitration provisions waiving class actions must be rigrorously enforced, even when the cost of arbitrating on an indivdidual basis far exceeds the potential recovery....more

Let Us Now Praise Opposing Councel

But the Process can go a whole lot smoother and faster if the opposing counsel knows the area well enough to tell and advise the client as to the reality of the situation and reject spurious arguments that just waste...more

Arbitration Compelled Based On Unsigned Arbitration Agreement

If you were thinking that an arbitration agreement needs to be signed in order to get an order compelling arbitration, your world may have been turned on its ear by the Order from the Business Court last week in Morton v....more

Li v. Standard Fiber, LLC, C.A. No. 8191-VCN (Del. Ch. Mar. 28, 2013) (Noble, V.C.)

In this memorandum opinion, the Delaware Court of Chancery stayed an action for advancement of legal fees and expenses, ruling that provisions in four separate agreements, when viewed together, demonstrated the parties’...more

The Role of Arbitration in International Business

International commercial arbitration is the most common method for resolving disputes arising from agreements between businesses in different countries. In this detailed presentation, Igor Ellyn, QC, an experienced...more

Authority To Enter Into Contract Is Issue For Courts, Not Arbitrators

The Third Circuit just issued a decision that tries to divine the dividing line between challenges to the formation of contracts containing arbitration clauses (which are presumptively for courts), and challenges to the...more

The Expansive Breadth and Scope of Arizona’s New Revised Uniform Arbitration Act

Recently, the Arizona Court of Appeals determined that under the 2010 Arizona Revised Uniform Arbitration Act, A.R.S. §12-3001, et seq. (the AZ-RUAA), a contractual agreement to arbitrate extends to: (i) arbitration of claims...more

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