Alternative Dispute Resolution (ADR), Business Torts

Arbitrator’s Creative IP Remedy Upheld Because It Furthered “General Aims Of Agreement”

by Liz Kramer | Leonard, Street and Deinard - Arbitration... on 4/26/2013

In a dispute over whether an arbitrator has authority to grant a video game developer and publisher a perpetual license in the intellectual property as a remedy for the developer’s fraud and breaches of contract, the Fifth...more

Did We Sign Up for This? Court Compels Arbitration Based on Dispute Resolution Terms of Separate Contract

by Malin Delling, Craig Enochs, Kevin Page, Paul Turner | Reed Smith on 3/28/2013

A Texas Court of Appeals has held that parties to a natural gas gathering contract are required to utilize arbitration—despite the absence of an arbitration provision in the contract—because the case cannot be decided without...more

Seventh Circuit Is Sick Of Arbitration Appeals; Threatens “High Risk Of Sanctions”

by Liz Kramer | Leonard, Street and Deinard - Arbitration... on 3/20/2013

In an opinion released yesterday, the Seventh Circuit schooled appellant’s counsel first on the application of the New York Convention and Panama Convention, then on the high standard of review it applies to commercial...more

Arbitrate, don't surrender!

by Thomas Valkenet on 3/19/2013

One-sided arbitration clauses don't survive judicial scrutiny in Maryland's state and federal courts. Maryland contract law will not enforce an arbitration clause lacking mutuality of consideration....more

Can You Be Forced to Arbitrate Even If You Didn’t Sign the Underlying Arbitration Agreement?

by Joel Kreizman on 1/16/2013

Can You Be Forced to Arbitrate Even If You Didn’t Sign the Underlying Arbitration Agreement? by Joel N. Kreizman on January 16, 2013 To the surprise of many New York and New Jersey businesses, the answer may be yes....more

US Supreme Court Upholds Arbitrators Authority to Decide the Validity of a Non-Compete Clause in an Arbitration Agreement

by Robert Freedman - Partner at Tharpe & Howell,... on 1/9/2013

The US Supreme Court recently vacated a decision by the Oklahoma Supreme Court, holding that the national policy favoring arbitration found in the Federal Arbitration Act (“FAA”) and supporting case law, a policy which...more

Valuing A Litigation Claim

by Robert Freedman - Partner at Tharpe & Howell,... on 1/4/2013

Law firms are increasingly using a multitude of factors to value cases. Valuation provides the parties a better means to identify the issues in litigation, discuss which ones are in dispute, and calculate a logical...more

Loss Aversion in Settlement Negotiations

by Peter Bauman - Senior Associate at Tharpe &... on 1/4/2013

Settlement negotiations regarding legal claims can generally be successful only if discussions lead to a compromise which leaves both parties fearful that litigation may lead to a result potentially far worse. When there are...more

Contracting Out Discovery Dispute Resolution

by Peter Bauman - Senior Associate at Tharpe &... on 1/1/2013

Special Masters are often appointed by courts in complex litigation to oversee discovery and resolve discovery disputes between litigants. Yes, they are an added expense, but their ability to quickly and efficiently resolve...more

US Supreme Court Upholds Arbitrators Authority to Decide the Validity of a Non-Compete Clause in an Arbitration Agreement

by Peter Bauman - Senior Associate at Tharpe &... on 12/19/2012

The US Supreme Court recently vacated a decision by the Oklahoma Supreme Court, holding that the national policy favoring arbitration found in the Federal Arbitration Act (“FAA”) and supporting case law, a policy which...more

Supreme Court of the United States Reverses Oklahoma Non-Compete Decision

by Kenneth Vanko | Clingen Callow & McLean, LLC on 11/27/2012

It is not often - never? - that the Supreme Court of the United States renders a decision that impacts non-compete law. ...more

Arbitrators Labeling Your Securities “Crap” Does Not Entitle You To Vacate The Award

by Leonard, Street and Deinard - Arbitration... on 11/6/2012

In the last post, the Fifth Circuit affirmed an arbitration award against Morgan Keegan. The Ninth Circuit just affirmed an arbitration award against Morgan Keegan in a sister case. In less than two pages, the Ninth Circuit...more

The ERISA Litigation Newsletter - October 2012

by Proskauer Rose LLP on 10/12/2012

In This Issue: - Editors' Overview - Prospects for Avoiding ERISA Class Actions with Arbitration Agreements - Rulings, Filings, and Settlements of Interest ...more

Block Billing by Law Firms Costs Clients Millions in Just Three Lawsuits

by Grant Stiefel on 9/10/2012

In August 2012, three different courts issued rulings which hold that vague, block billed time entries—which have long been the bread-and-butter of most law firms—just aren't a very accurate or reliable reflection of how much...more

Summer 2012 Litigation Update

by Jonathan Frank on 8/31/2012

This is a summary of litigation results for the first half of 2012, including commercial real estate litigation, breach of contract litigation, business tort litigation, and shareholder litigation....more

The Importance Of Recognizing And Responding To Legal Issues

by Peter Bauman - Senior Associate at Tharpe &... on 7/29/2012

An important skill set that corporate executives, managers and business owners need in order to effectively manage the risks of their operation is the ability to recognize and respond to legal issues in a timely manner....more

California Court Of Appeals Upholds Employer’s Arbitration Waiver

by Robert Freedman - Partner at Tharpe & Howell,... on 7/28/2012

Can an employer require that its employees arbitrate employment law claims, rather than file lawsuits? Can an employer require that employees waive the right to take part in class action lawsuits or class arbitrations...more

Second Circuit Affirms Arbitration Panel’s Finding That A Securities Clearing Firm May Be Liable As The “Initial Transferee” Of A...

by Cadwalader, Wickersham & Taft LLP on 7/27/2012

On July 3, 2012, the United States Court of Appeals for the Second Circuit refused to vacate an arbitration award against Goldman Sachs Execution & Clearing, P.C. The Court left intact the arbitration panel’s finding that the...more

Weekly Law Resume - July 5, 2012: Beware of Waiving Jury Trial and Appeal Rights: Settlement Agreement Authorizing “Binding...

by Low, Ball & Lynch on 7/27/2012

Ryan N. Bowers et al., v. Raymond J. Lucia Companies, Inc. California Court Of Appeal, Fourth District (May 30, 2012) Parties are using mediation as a form of alternative dispute resolution more and more frequently. This...more

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Alternative Dispute Resolution (ADR) › Business Torts

Arbitrator’s Creative IP Remedy Upheld Because It Furthered “General Aims Of Agreement”

Did We Sign Up for This? Court Compels Arbitration Based on Dispute Resolution Terms of Separate Contract

Seventh Circuit Is Sick Of Arbitration Appeals; Threatens “High Risk Of Sanctions”

Arbitrate, don't surrender!

Can You Be Forced to Arbitrate Even If You Didn’t Sign the Underlying Arbitration Agreement?

US Supreme Court Upholds Arbitrators Authority to Decide the Validity of a Non-Compete Clause in an Arbitration Agreement

Valuing A Litigation Claim

Loss Aversion in Settlement Negotiations

Contracting Out Discovery Dispute Resolution

US Supreme Court Upholds Arbitrators Authority to Decide the Validity of a Non-Compete Clause in an Arbitration Agreement

Supreme Court of the United States Reverses Oklahoma Non-Compete Decision

Arbitrators Labeling Your Securities “Crap” Does Not Entitle You To Vacate The Award

The ERISA Litigation Newsletter - October 2012

Block Billing by Law Firms Costs Clients Millions in Just Three Lawsuits

Summer 2012 Litigation Update

The Importance Of Recognizing And Responding To Legal Issues

California Court Of Appeals Upholds Employer’s Arbitration Waiver

Second Circuit Affirms Arbitration Panel’s Finding That A Securities Clearing Firm May Be Liable As The “Initial Transferee” Of A...

Weekly Law Resume - July 5, 2012: Beware of Waiving Jury Trial and Appeal Rights: Settlement Agreement Authorizing “Binding...

Conflicts of Interest -- What are they, and must they all be disclosed?

Unreasonable Delay and Extensive Litigation Operates as Waiver of Right to Compel FINRA Arbitration

Reinsurance Redux - June 2012

Paris International Litigation Bulletin no. 3

Executive Entitled to Bonus Despite Breach of Fiduciary Duty

Nonpayment of Arbitration Fees Dooms Arbitral Award

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