Alternative Dispute Resolution (ADR) Elections & Politics

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Executive Labor Summary - November/December 2014

NEWS & ANALYSIS - NLRB changes longstanding rule for deferral to arbitration awards - The National Labor Relations Board has had a busy December with four major new developments. We have already reported on two of the...more

Haiti’s Overdue Elections: ‘Unfavourable Conditions’ for Foreign Investment

It is a truism that political risk to foreign investment increases in the vicinity of changes of power in host states, including where change comes about democratically. In one of many investment treaty arbitrations arising...more

Minnesota Supreme Court Finds AAA Rules Give Arbitrator Power To Issue Sanctions Over $600 Million

The Minnesota Supreme Court today unanimously confirmed an arbitration award of over $600 million in punitive sanctions. Seagate Technology, LLC v. Western Digital Corp., (Minn. Oct. 8, 2014). Although the appellant argued...more

From Second and State: Legislative Preview for the Week of October 2014

Both the House and Senate will return to Harrisburg this week for the first of two weeks of voting session in the month of October. They won’t return until after November’s election, when they’ll be back for one scheduled day...more

President Obama Issues New Executive Order on Fair Pay and Safe Workplaces

On July 31, President Obama issued an Executive Order requiring federal contractors to disclose past labor violations. The order applies to new contracts for goods and services, including construction, valued at more than...more

Executive Order May Block Contractors with Labor Violations from Receiving Federal Contracts

On July 31, 2014, President Obama signed the Fair Pay and Safe Workplaces Executive Order (“Executive Order”) that requires contractors to (1) disclose recent violations of various workplace laws before being awarded federal...more

Latin American Truth Commissions: Confronting the Past - A comparative assessement of truth and reconciliation commissions in...

We live in a multipolar world, where development and investment alike require reliable mechanisms for conflict resolution—to confront past problems and neutrally resolve future disputes. Latin America is a vibrant...more

Employment Law - July 2014

Recess Is Over: Supreme Court Strikes NLRB Appointments - Why it matters: Striking a blow to the President and the National Labor Relations Board, the U.S. Supreme Court held that three recess appointments made by...more

A perspective on the continuing saga of construction defects law

Ever since 2003, when comprehensive legislation was passed to address abuses in the pursuit by the plaintiff’s bar of windfalls from massively overstated litigation claims regarding alleged construction defects in the...more

Texas Supreme Court Orders

Today's order list does not include any opinions or any grants. But there are a couple of interesting denials. ...more

New York Assembly Passes Bill Limiting Contractors’ Use Of Arbitration Provisions

On May 5, 2014, the New York Assembly passed a bill limiting the use of arbitration provisions for employment claims by businesses that contract with New York State. The bill would prohibit New York state agencies from...more

NLRB 2013 Year in Review and 2014 Initiatives

Key labor law developments of 2013 are reviewed here for employers to consider as they look ahead to National Labor Relations Board (NLRB) developments in 2014. Employers should prepare to respond to the NLRB's continued...more

Washington Could Use A Little More Mediation

Most of us were at least slightly frustrated by Washington’s inability to reach agreement over budget and debt limit issues in the past weeks and months. In fact this kind of dysfunction and brinksmanship has become more of a...more

Senate Confirms Three National Mediation Board Nominees

Last night, the U.S. Senate confirmed a three-member slate of National Mediation Board (NMB) nominees, giving the NMB a full complement of members for the first time in over a year....more

Director Cordray’s appearance at Senate Banking Committee hearing yields arbitration news

The only new item of information revealed by Director Cordray during his appearance yesterday before the Senate Banking Committee hearing (in response to a question from Senator Elizabeth Warren) was that he feels “quite...more

Contributions To Arbitrator’s Judicial Campaign Are Not Enough To Establish “Evident Partiality”

The Third Circuit refused to vacate an arbitrator’s award, despite allegations that she failed to disclose contributions the defendant’s parent company had made to her judicial campaign and failed to disclose that she...more

NLRB Decisions To Fall Like Dominos?

As you may have heard, the District of Columbia Circuit Court of Appeals recently sent shockwaves through the labor relations world by holding that President Obama's "recess" appointments to the National Labor Relations Board...more

Michigan Passes Groundwater Well Dispute Statute – Again

The hectic lame-duck session of the Michigan Legislature has resulted in the resurrection of the state's once-and-future groundwater dispute resolution process. Michigan had originally passed similar legislation in 2003,...more

Reducing the burden on business – changes to employment law in the UK? By Matthew Howse and Emma Damiral

Introduction - The UK labour market is one of the least regulated labour markets among developed countries, with only the US and Canada having lighter overall regulation. Nevertheless, the UK government is concerned to do...more

Airline Management Newsletter -- August 8, 2012

In This Issue: Court Blocks Election at American Airlines; NMB Clarifies Run-Off Election Rule; Pilot Required to Arbitrate FMLA Claims; Airline Did Not Regard Employee as Disabled under the ADA; and Recent NMB Results -...more

Pennsylvania Legislature Restores Jurisdiction of Act 47 over Interest Arbitration Awards

Governor Corbett last week signed SB 1321, which requires that Act 111 interest arbitration awards comply with a municipality’s Financial Recovery Plan under the Municipalities Financial Recovery Act (Act 47). The law becomes...more

Governor Corbett Signs into Law an Amendment to Act 47 Concerning Distressed Municipalities in Pennsylvania

On July 5, 2012, Governor Tom Corbett signed into law Senate Bill No. 1321, designated as Act 133 of 2012 ("Act 133"), which amends the Municipalities Financial Recovery Act, P.L. 246, No. 47, as amended ("Act 47"), to (i)...more

Airline Industry Legal Alert: NMB Clarifies Run-off Election Rule

The National Mediation Board (NMB) has published a revision to its previously issued Notice of Proposed Rulemaking (NPRM) clarifying that it will authorize a run-off election only in elections where three or more options...more

Airline Industry Legal Alert: NMB Announces Public Hearing on Proposed Rule Implementing RLA Amendments Which May Eliminate...

Executive Summary: On May 22, the National Mediation Board (NMB) announced that it will hold a public hearing on June 19, 2012, and invited interested persons to share their views on its proposed rule changes relating to the...more

Jams Dispute Resolution -- Spring 2012

In This Issue: IN DEPTH -- Growing Trend of Third-Party Litigation Funding Creates Mixed Opinions; ADR CONVERSATIONS -- JAMS Panelists Receive Prestigious ADR Award; ADR NEWS & CASE UPDATES; DOMESTIC FOCUS -- Good Faith...more

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