Alternative Dispute Resolution (ADR) Privacy

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Employment Law This Week – Episode 2 [Video]

We invite you to view Employment Law This Week - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that...more

Policyholder Insider Quarterly

Some Words Are More Equal Than Others: BancInsure vs. FDIC - In George Orwell's "Animal Farm", the governing principle that "all animals are equal" was revised by the pigs, who had ascended into power, to "all animals...more

Between Scylla and Charybids: The Mediation Privilege and Legal Malpractice Claims

I attended a mediation earlier this month in a real estate case. I won’t say more through because . . . well . . . it’s confidential. The confidentiality of mediations and of settlement discussions generally – the idea...more

Have You Thought About Your Online Terms of Use Recently?

Nearly every website, app or online service posts a set of Terms of Use outlining company policies for users (sometimes called Terms of Service) (“Terms”), but many companies do not know if their Terms are enforceable in...more

Impending Deadline: CMS Issues Proposed Rule Reform for Long Term Care Facilities – Part 3 of 4

On July 16, 2015, the Federal Register published Centers for Medicare and Medicaid Services’ (CMS) proposed rule to reform the requirements for Long Term Care Facilities participating in Medicare and Medicaid. CMS will be...more

EU/Swiss-U.S. Safe Harbor: More Scrutiny by the FTC?

On May 29, 2015, the Federal Trade Commission ("FTC") announced the approval of the final orders for two U.S. companies, TES Franchising, LLC ("TES") and American International Mailing, Inc. ("AIM"), settling complaints that...more

Financial Services Report, Summer 2015

In This Issue: - Arbitration Report - Beltway Report - Bureau Report - Mobile & Emerging Payments Report - Mortgage & Fair Lending Report - Operations Report - Preemption Report -...more

Target and Card Issuers Dispute Use of MasterCard Settlement to Resolve Data Breach Claims

In the wake of Target’s April 15 announcement of a private $19 million settlement of the data breach claims of MasterCard-issuing banks, counsel representing the putative card issuer class in the consolidated Target data...more

Mediation: Confidentiality and Enforceability

An essential element of a successful mediation is confidentiality. Participants to a mediation must be able to rely on the confidentiality of the process if they are going to be candid with the mediator about their settlement...more

Washington State Newsletter - Spring 2015

2014 Year in Review - Last year was another successful year for the JAMS Seattle Resolution Center. We welcomed esteemed King County Superior Court Judge Deborah Fleck to our panel, added 1,900 square feet to...more

Financial Services Report - Spring 2015

In This Issue: - Beltway Report - Bureau Report - Mobile & Emerging Payments Report - Mortgage & Fair Lending Report - Operations Report - Preemption Report - Privacy...more

Sports, Media and Entertainment Intelligence - January 2015 (Global)

UK: World Anti-Doping Agency announce collaboration with Pfizer - On 3 December 2014, the World Anti-Doping Agency announced a global collaboration agreement with American pharmaceutical corporation Pfizer Inc, aimed at...more

Financial Services Report - Winter 2014

In This Issue: - Beltway Report - Bureau Report - Mobile & Emerging Payments Report - Mortgage & Fair Lending Report - Operations Report - Preemption Report - Privacy...more

EU Commissioner Raises The Prospect Of Suspending US-EU Safe Harbor Program

Anders Ansip, Vice-President designate for Digital Single Market, has suggested that the suspension of the Safe Harbor Regime should not be ruled out if agreement cannot be reached with the U.S. Government as to how the...more

Disputants Await Clarification of Mediation Privilege’s Boundaries

Today, Canadians are mediating their disputes in record numbers. One partial explanation for this phenomenon is that mediation purports to keep discussions between parties confidential, traditionally backstopped by settlement...more

Socially Aware - Volume 5, Issue 6 - November 2014

In This Issue: - To Click or Not to Click? Ninth Circuit Rejects Browsewrap Arbitration Clause - “Operation Full Disclosure”: FTC Warns Advertisers to Check the Fine Print - New York Family Court...more

Protecting Confidentiality of Patent Infringement Settlements: Is Mediation Necessary?

Parties regularly opt to keep terms, conditions and licensing agreements confidential when settling patent infringement disputes. Often, patentees do not want the license terms to serve as precedent in other assertions of the...more

Assembly Bill 802 Makes Arbitration Less Confidential

On September 30, 2014, Governor Jerry Brown signed Assembly Bill 802 (AB 802) into law, amending Section 1281.96 of the Code of Civil Procedure, relating to consumer arbitration....more

Gubernatorial Writer's Cramp: 2014 California Employment Legislation Affecting Private Sector Employers

Does his hand hurt? Between signing and vetoing bills this year, California Governor Jerry Brown exercised his executive signature on the highest number of bills sent to a California governor since 2008. The California...more

Financial Services Report - Fall 2014

In This Issue: - Beltway Report - Bureau Report - Mobile and Emerging Payments Report - Mortgage and Fair Lending Report - Operations Report - Preemption Report - Privacy...more

The ADR Provisions of EU Privacy Laws

Companies doing business globally have a variety of complex issues to deal with, not the least of which is concern about the security of personal data collected from their customers. In 1995, the European Union issued...more

Report From Counsel: Insights and Developments in the Law - Summer 2014

In this Issue: - Small Businesses and Job Discrimination - Noncompetition Agreements and Arbitration - Real Estate Deals Gone Wrong - Ensure Your Financial Privacy - Excerpt from Small...more

Financial Services Report, Summer 2014

In This Issue: - Beltway Report - Bureau Report - Mobile Payments - Mortgage and Fair Lending Report - Operations Report - Preemption Report - Privacy Report - Arbitration Report - TCPA...more

Insurance Coverage for Data Breach Claims

Recent examples of data breaches resulting in invasion of privacy lawsuits abound. Target and other retailers, financial services companies and other businesses have had their internal data systems breached and consumers’...more

A Significant Development In Alternative Dispute Resolution

On March 24, 2014, the U.S. Supreme Court denied certiorari in Strine v Delaware Coalition for Open Government, Inc., 2014 US Lexis 1984, and let stand a ruling from the Third Circuit (733 F3d 510). The Third Circuit ruling...more

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