Alternative Dispute Resolution (ADR), Civil Procedure

Promotion Of Arbitration In The 21st Century

by Brian A. Berkley, Benjamin Eichel, Ryan E. Peters | Pepper Hamilton LLP on 5/17/2013

While pundits complain about the United States Supreme Court’s diminishing docket, one area of law seems to have increased in popularity with the justices: arbitration law, and in particular the Federal Arbitration Act (FAA)....more

Patent Watch: Sanofi-Aventis Deutschland GmbH v. Genentech, Inc.

by Lawrence M. Sung | BakerHostetler on 5/16/2013

On May 10, 2013, in Sanofi-Aventis Deutschland GmbH v. Genentech, Inc., the U.S. Court of Appeals for the Federal Circuit (Rader, Dyk, Reyna*) affirmed the district court's denial of Genentech's motion to enjoin Sanofi from...more

Federal Circuit Refuses To Enjoin International Arbitration Of Patent Claims

by Liz Kramer | Leonard, Street and Deinard - Arbitration... on 5/16/2013

Just after I posted about the awesome power of federal courts to enjoin other cases, the Federal Circuit reminds us the power is not absolute....more

Arbitral Award of Perpetual License Upheld by Fifth Circuit

by JAMS, The Resolution Experts on 5/15/2013

Once in a while it seems the people who design live-action war-based video games get into real-world non-virtual disputes of their own. When “Timegate” promised to “Southpeak” that it would design a videogame named “Section...more

Tenth Circuit Holds Underlying Securities Claims Interrelated

by Traub Lieberman Straus & Shrewsberry LLP on 5/14/2013

In its recent decision in Brecek & Young Advisors, Inc. v. Lloyds of London Syndicate 2003, 2013 U.S. App. LEXIS 9599 (10th Cir. May 13, 2013), the United States Court of Appeals for the Tenth Circuit, applying New York law,...more

Appellate Notes: Week of April 18th

by Edward McCreery III | Pullman & Comley, LLC on 5/14/2013

Welcome to our Supreme and Appellate Court summaries webpage. On this page, I provide abbreviated summaries of decisions from the Connecticut appellate courts which highlight important issues and developments in Connecticut...more

New FIDIC Guidance: Should a party to a FIDIC contract be able to enforce a ‘binding’ DAB decision before the decision has become...

by Gordon Bell, Elinor Crowther | Reed Smith on 5/13/2013

On 1 April 2013, FIDIC issued guidance on how to deal with a contracting party who has failed to comply with a ‘binding’ decision of a Dispute Adjudication Board - The standard FIDIC form of contract contains a tiered...more

Court Issues Opinion Holding That Parties Can Enforce Arbitration Clauses In Trust Documents

by David Johnson | Winstead PC on 5/13/2013

Parties may want to resolve trust disputes in arbitration. There are perceived cost savings associated with arbitration, and arbitration can be quicker than normal litigation. But one of the main benefits is that the...more

An arbitration award may not be the end of the road in patent disputes - Several cases serve as examples to the contrary

by William Needle | JAMS, The Resolution Experts on 5/9/2013

When a patent dispute goes to arbitration, there is the possibility that an outside party could try to influence the outcome by going to court. This may come as a surprise, given that Section 294 of the Patent Act specifies...more

eDiscovery: The View From Singapore

by Pooja S. Nair | Foley & Lardner LLP on 5/7/2013

The Singaporean government has adopted aggressive measures to become a regional center for dispute resolution and arbitration in areas ranging from intellectual property, to oil and gas arbitration....more

Judicial References: A remedy for more efficient dispute resolution

by Hon. Ann Kough | JAMS, The Resolution Experts on 5/7/2013

With cash-strapped court systems across the country making cuts that result in ever-growing dockets, achieving efficient dispute resolution through litigation is becoming more challenging. In California, one remedy could be...more

Chinese Supreme Court Guidelines Make It Easier for Employers to Enforce Non-Compete Covenants

by Ron Cai, Victoria Ding | Davis Wright Tremaine LLP on 5/6/2013

On Jan. 18, 2013, the Supreme People’s Court of China promulgated Judicial Interpretation IV on Several Issues Concerning the Application of Law in Hearing Labor Dispute (the “Interpretation”). The Interpretation went into...more

Federal Courts Can Enjoin State Court Litigation Of Arbitrable Claims

by Liz Kramer | Leonard, Street and Deinard - Arbitration... on 5/3/2013

In a new case that reminds federal judges everywhere to sing “I’ve got the power!” like C&C Music Factory, the Fifth Circuit reiterates that federal courts can stay related state court actions if necessary to “protect or...more

Russian Federation Supreme Commercial Court’s Review of the Application by the Russian Courts of the Public Policy Defense

by Pavel Boulatov, Grigory Chernyshov, Julia Zagonek | White & Case LLP on 5/1/2013

This alert analyzes the legal positions taken by the Presidium of the Russian Federation Supreme Commercial Court (“SCC”) in its recently published review of commercial court practice in cases concerning the application of...more

One-Sided Arbitration Agreement Found Unconscionable By California Court

by Thomas McInerney | Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/30/2013

Compton v. American Management Services LLC, No. B236669 (March 19, 2013): A California Court of Appeal recently held that an arbitration agreement was unenforceable because it was unconscionably one-sided. The agreement,...more

In Site Spring 2013

by Kevin Greene, Inga Hall, Jamie Olsen | K&L Gates LLP on 4/30/2013

Welcome to the Spring edition of In Site. This edition covers the following topics: - A brief overview of the “Jackson cost reforms” to civil litigation which came into force on 1 April 2013 - A note of the...more

Court of Appeal Finds Arbitration Clause with Low Level of Unconscionability Allows for Compelled Arbitration

by June D. Coleman, Danielle Teeters | Kronick, Moskovitz, Tiedemann & Girard on 4/30/2013

Sued over financing terms, a used car dealer and a financing corporation asked a trial court to compel arbitration based on an arbitration clause in the sales agreement. The trial court disagreed, finding the arbitration...more

Florida Supreme Court Makes Clear That Concepcion Is Valid And Binding In Florida

by Allison Kirkwood | Carlton Fields on 4/29/2013

In light of the Florida Supreme Court’s recent ruling in McKenzie Check Advance of Florida, LLC v. Betts, 38 Fla. L. Weekly S223, 2013 WL 1457843 (Fla. April 11, 2013), it is now clear that Concepcion applies to class action...more

Ninth Circuit: Injunctive Relief Claims Relating Only to Past Harms to a Limited Class Are Not Exempt From Arbitration

by Brian Martin, Amy L. Pierce, Christine Scheuneman, Nathaniel Smith | Pillsbury Winthrop Shaw Pittman LLP on 4/25/2013

Following the U.S. Supreme Court’s decision favoring arbitration clauses in AT&T Mobility LLC v. Concepcion, the Ninth Circuit Court of Appeals held in Kilgore v. KeyBank, N.A. that the Federal Arbitration Act (“FAA”)...more

Ninth Circuit Enforces Student Loan Arbitration Agreement

by BuckleySandler LLP on 4/24/2013

On April 11, the U.S. Court of Appeals for the Ninth Circuit, sitting en banc, held that a national bank could compel arbitration of a dispute involving student loans. Kilgore v. KeyBank, Nat’l Ass’n, No. 09-16703, 2013 WL...more

Does Canada Need a New Uniform Arbitration Law? [Video]

by Lerners LLP on 4/24/2013

Does Canada Need a New Uniform Arbitration Law and if so, what should it address? Earl Cherniak discusses the status of this question in Canada. The Uniform Law Conference of Canada considers rationalization of a variety...more

Class Action Waivers and the Arbitrability of Antitrust Claims—Charting the Likely Ramifications of AMEX III

by Demetrius Lambrinos | Zelle Hofmann Voelbel & Mason LLP on 4/24/2013

I. Introduction - There has been much debate concerning the scope of the Supreme Court’s recent decision in AT&T Mobility LLC v. Concepcion, and the enforcement of collective arbitration waivers — also called “class...more

Careful Drafting Can Prevent Dispute Clauses from Being Ignored

by Joseph Kovars | Ober|Kaler on 4/22/2013

Two recent cases highlight the pitfalls facing construction parties -- owners, contractors and subcontractors -- when they use fairly common contract clauses that address how they want disputes decided. In one case, the...more

Lawyers Claim Carnival Nightmare Cruise Employees Overworked

by Aaron Kase | Lawyers.com on 4/22/2013

At the root of an uptick in cruise ship mishaps and disasters may be overworked and fatigued crew members, a maritime law firm is claiming. The spread of foreign arbitration clauses in employee contracts that prevent workers...more

Agencies Are Barred From Using Two Attorneys From The Same Private Law Firm Where One Acts As Advocate And One As Advisor In A...

by Jeffrey L. Massey, Laura Izon Powell, Bruce A. Scheidt, Kristianne Seargeant, David W. Tyra | Kronick, Moskovitz, Tiedemann & Girard on 4/22/2013

A police officer claimed his due process rights were violated when a partner in a law firm advocated on behalf of a department within a city at a non-binding arbitration. Subsequently a partner from the same law firm advised...more

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Alternative Dispute Resolution (ADR) › Civil Procedure

Promotion Of Arbitration In The 21st Century

Patent Watch: Sanofi-Aventis Deutschland GmbH v. Genentech, Inc.

Federal Circuit Refuses To Enjoin International Arbitration Of Patent Claims

Arbitral Award of Perpetual License Upheld by Fifth Circuit

Tenth Circuit Holds Underlying Securities Claims Interrelated

Appellate Notes: Week of April 18th

New FIDIC Guidance: Should a party to a FIDIC contract be able to enforce a ‘binding’ DAB decision before the decision has become...

Court Issues Opinion Holding That Parties Can Enforce Arbitration Clauses In Trust Documents

An arbitration award may not be the end of the road in patent disputes - Several cases serve as examples to the contrary

eDiscovery: The View From Singapore

Judicial References: A remedy for more efficient dispute resolution

Chinese Supreme Court Guidelines Make It Easier for Employers to Enforce Non-Compete Covenants

Federal Courts Can Enjoin State Court Litigation Of Arbitrable Claims

Russian Federation Supreme Commercial Court’s Review of the Application by the Russian Courts of the Public Policy Defense

One-Sided Arbitration Agreement Found Unconscionable By California Court

In Site Spring 2013

Court of Appeal Finds Arbitration Clause with Low Level of Unconscionability Allows for Compelled Arbitration

Florida Supreme Court Makes Clear That Concepcion Is Valid And Binding In Florida

Ninth Circuit: Injunctive Relief Claims Relating Only to Past Harms to a Limited Class Are Not Exempt From Arbitration

Ninth Circuit Enforces Student Loan Arbitration Agreement

Does Canada Need a New Uniform Arbitration Law? [Video]

Class Action Waivers and the Arbitrability of Antitrust Claims—Charting the Likely Ramifications of AMEX III

Careful Drafting Can Prevent Dispute Clauses from Being Ignored

Lawyers Claim Carnival Nightmare Cruise Employees Overworked

Agencies Are Barred From Using Two Attorneys From The Same Private Law Firm Where One Acts As Advocate And One As Advisor In A...

Does Canada Need a New Uniform Arbitration Law? [Video]

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