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Alternative Dispute Resolution (ADR) law-news Professional Practice

Read Alternative Dispute Resolution updates, alerts, news, and commentary from leading lawyers and law firms:
Walkers

Enforcing debts in the Cayman Islands and BVI which are subject to an arbitration clause

Walkers on

Where a debt is due under an agreement (and assuming there is no binding non-petition clause in effect), it is possible to take steps to wind up the company without first proceeding to arbitration, in accordance with the...more

McGlinchey Stafford

Court Finds Mass Arbitration Bellwether and Delegation Provisions Unconscionable

McGlinchey Stafford on

The district court for the Northern District of California recently denied a defendant’s motion to compel arbitration and, in so ruling, found that a bellwether provision related to mass arbitrations was unconscionable. Avia...more

Morrison & Foerster LLP - Social Media

Lose Your Illusion: District Court Holds That Unilateral Modification Clause Makes TOS Unenforceable

On August 8, 2024, the U.S. District Court for the Eastern District of Virginia in Lovinfosse v. Lowe’s Home Centers, LLP addressed the enforceability of an arbitration clause in Lowe’s terms of service, serving as a reminder...more

Miles Mediation & Arbitration

[Event] 28-Hour Civil Mediation Training - December 5th - 8th, Atlanta, GA

Want to launch or grow your mediation career? Develop your skills at a unique, in-person civil mediation training program developed and led by Joe Murphey, an experienced mediator who has mediated more than 3,000 cases. Rex...more

White & Case LLP

Arbitration and Insolvency: A Comparative View from England & Wales, Singapore and Hong Kong

White & Case LLP on

If the agreement between a creditor and debtor refers disputes to arbitration, what limits should be placed on the creditor to pursue winding-up proceedings based on an unpaid debt under that agreement? Should a court simply...more

McDermott Will & Emery

This Week in 340B: September 10 – 16, 2024

McDermott Will & Emery on

Find this week’s updates on 340B litigation to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets of more than 50 340B cases to provide you with a quick...more

Akin Gump Strauss Hauer & Feld LLP

WDTX Magistrate Judge Grants Stay Pending IPR Despite Alleged Delay Tactics by Defendant in Pre-Suit Negotiations

The Western District of Texas granted a motion to stay a patent infringement lawsuit pending inter partes review not only because doing so would simplify the issues in the still-early litigation and reduce the burden on the...more

Wiley Rein LLP

From Court to Code: Smart Contracts and Arbitration

Wiley Rein LLP on

In this episode of the CryptoCounsel, hosts Josh Simmons and Frank Scaduto delve into smart contracts, blockchain, and cross-border disputes. They explain how blockchain technology can execute contract terms automatically,...more

Hinshaw & Culbertson - Employment Law...

How the EFAA Applies to Employee Arbitration Agreements in Sexual Harassment Cases Involving Conduct That Preceded the Law’s...

On August 12, 2024, the Second Circuit held that a plaintiff's hostile work environment claims were subject to the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 ("EFAA"), even though...more

Holland & Hart - Your Trial Message

Consider Involving -Both- Sides in the Mock Trial

Mediation is often guided by predictions made by each side, as well as by the mediator: if this case went to trial and faced a jury, what would that jury likely do with it? Naturally, each of these three actors will have a...more

Jaburg Wilk

How to Use Arbitration in an Arizona Family Law Case

Jaburg Wilk on

Arbitration is an underutilized tool in Arizona family law cases. Put simply, arbitration is a dispute resolution process where an agreed-upon third party—the arbitrator—resolves a family law dispute outside of a traditional...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

You shouldn’t waive your participant rights under an arbitration provision

I’m glad that the Sixth Circuit has joined other Federal appeals courts in stating that arbitration provisions are invalid as a prospective waiver of rights and remedies guaranteed under ERISA....more

Marshall Dennehey

Appraisal Was Premature Because an Evidentiary Hearing Was First Required to Determine Whether the Policyholder Satisfied the...

Marshall Dennehey on

Heritage Property & Casualty Ins. Co., Appellant v. Sunset Villas Phase III Condominium Association, Inc., Appellee, Fla. 3rd DCA, 3D23-1672, May 15, 2024, Appeal from non-final order from Miami-Dade Co. Lower Tribunal No....more

Latham & Watkins LLP

Chambers Global Practice Guides: International Arbitration 2024 - Hong Kong

Latham & Watkins LLP on

Arbitration is a popular mode of alternative dispute resolution in Hong Kong, used increasingly in cross-border commercial disputes and among international parties. In 2023, the Hong Kong International Arbitration Centre...more

Pullman & Comley, LLC

Preparing to Fail at Mediation May Be the Best Way to Succeed

Pullman & Comley, LLC on

Every good attorney knows the best way to prepare for a mediation. Marshal the facts. Master the law. Hone your presentation. Employ compelling visual aids. Anticipate the opposition and craft effective counters. ...more

Mayer Brown

Anti-Suit Injunctions, Arbitration Clauses and (Pro) Active English Courts

Mayer Brown on

Russia's invasion of Ukraine in 2022 has changed the legal landscape for commercial parties contracting with Russian counterparts in multiple ways. This Legal Insight considers how commercial parties have sought the...more

Lewitt Hackman

PAGA: Early Evaluation Conference

Lewitt Hackman on

This is the final of a three-part series addressing the changes to California’s Private Attorneys General Act. In this part we discuss the Early Evaluation Conference....more

Goulston & Storrs PC

What's Market: Alternative Dispute Resolution Provisions

Goulston & Storrs PC on

In M&A purchase agreements, the parties may stipulate certain non-judicial means for dealing with claims under the agreement (e.g., arbitration or mediation). These ADR provisions will govern how disputes between the parties...more

Rumberger | Kirk

Viewpoint: Early Action Key to Mitigating Risk in Professional Liability Claims

Rumberger | Kirk on

Professional liability claims impact a multitude of professions, including those in the legal, medical, financial and insurance industries. Claims for malpractice, breach of contract, breach of fiduciary duty and related...more

Ankura

Mediation and Early Settlement of Disputes – The Expert’s Role

Ankura on

The early settlement of disputes and mediation was a recurring topic throughout London International Disputes Week (LIDW). Featured on several panel discussions and raised in Q&A, this topic brought into sharp focus the role...more

Lathrop GPM

Washington Federal Court Grants Home Healthcare Services Franchisor’s Motion to Compel Arbitration in Accordance with the...

Lathrop GPM on

A federal court in Washington recently granted a motion brought by franchisor Nurse Next Door Home Healthcare Services, Inc. (NND) to compel arbitration of a Florida-based franchisee’s claims. Nurse Next Door Home Healthcare...more

Morrison & Foerster LLP - Social Media

Social Links: Tinder, TikTok, and the Copacabana

Double-check before swiping right. Ubiquitous dating app Tinder scored a court victory when the U.S. District Court in New Jersey ruled in Ciapinska v. Tinder that the arbitration clause in the app’s terms of use (TOU) is...more

Farrell Fritz, P.C.

From “Dissipation” to Denial: Why Threats of Lost Funds Are Not Enough for an Injunction

Farrell Fritz, P.C. on

Under CPLR 7502(c), a court in “the county in which an arbitration is pending…[is permitted to] entertain an application…for a preliminary injunction in connection with an arbitration that is pending or that is to be...more

WilmerHale

D.C. Circuit Resolves District Court Split on the Enforcement of Intra-EU Investment-Treaty Awards in the United States

WilmerHale on

In a highly anticipated ruling published last month, the U.S. Court of Appeals for the D.C. Circuit ruled in NextEra Energy v. Spain that U.S. district courts have jurisdiction to enforce arbitral awards issued in intra-EU...more

Bradley Arant Boult Cummings LLP

Federal Appeals Court: Pay That Man His Money, Unless That Money Is Illegal Marijuana Money

Good news, bad news if you’re a cannabis operator that owes money to a creditor. But probably bad news for the rule of law. A federal appellate court has ruled that a cannabis operator is obligated to repay his debts to...more

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