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Commercial Restructuring & Bankruptcy Alert - April 2017, Issue 1

by Reed Smith on

Welcome to the April 2017 issue of the CR&B Alert, the newsletter produced by Reed Smith's Commercial Restructuring & Bankruptcy Group. Excerpt from Newsletter: SUPREME COURT WILL DECIDE STANDARD OF REVIEW ON...more

Tokyo Dispute Resolution & Crisis Management Newsletter – April 2017

by King & Spalding on

US Department of Justice Issues New Corporate Compliance Guidelines - Criteria for the Criminal Division’s Evaluation of Corporate Compliance Programs - Introduction - Recently, and without the fanfare that often...more

Business Divorce Nation: Five States, Five Cases

by Farrell Fritz, P.C. on

It’s true that the statutory and common-law rules at play in business divorce cases can vary widely from state to state. But it’s also true that court decisions in one state can influence courts in other states, and can...more

The Court Of Chancery Addresses Conflicting Forum And Arbitration Provisions In Related Contracts

by Morris James LLP on

The Court of Chancery often addresses the question of who, as between the Court and an arbitrator, should decide whether certain disputes are arbitrable. The analysis of this substantive arbitrability question is complicated...more

Court of Chancery Addresses Effect Of Carve-Outs On The Question Of Substantive Arbitrability

by Morris James LLP on

This case involves the overlap of an advancement dispute and the question of substantive arbitrability under Willie Gary. The two-part test of Willie Gary asks whether the parties (i) generally referred all disputes to...more

Investment Treaty Arbitration: How Multinationals Can Structure Their Investments to Obtain Treaty Protection

by King & Spalding on

In a previous article, we explained how a U.S.-based company that had established a subsidiary abroad could benefit from protections against unfair conduct of a foreign State that are found in most bilateral investment...more

Arbitration World

by K&L Gates LLP on

From the Editors - Welcome to this 33rd edition of Arbitration World. Following the United Kingdom’s referendum decision on 23 June to leave the EU, in this edition we examine how the uncertainty over the treatment...more

Russian arbitration reform

by White & Case LLP on

On 29 December 2015, the Russian President signed two laws – the Federal Law on Arbitration in the Russian Federation and Federal Law on Amendments to Certain Legislative Acts of the Russian Federation (together – the...more

Investment Treaty Arbitration: How Multinational Food and Beverage Companies Can Avoid Litigation in Foreign Courts

by King & Spalding on

Imagine a U.S.-based olive oil company that has established a subsidiary in Croatia — a Mediterranean country ideal for growing olives and processing their oil — for its supply and processing needs. Olive oil consumption has...more

Brexit: What You Need To Know - Litigation

by Locke Lord LLP on

As the intertwined laws of the UK and the EU are unravelled in the exit negotiations, changes to litigation seem inevitable. Contracts: At the moment the changes are unknown and in particular we do not know if any...more

Michigan Supreme Court Holds That Agency Principles Apply to Determining the Scope of an Arbitration Clause

by Dickinson Wright on

It is well established that whether a particular dispute falls within the scope of an arbitration clause depends on the language of the parties’ agreement. In the recent case of Altobelli v Hartmann, the Michigan Supreme...more

Business Litigation Reporter - June 2016

by Goodwin on

Goodwin Procter’s Business Litigation Reporter provides timely summaries of key cases and other developments within dedicated Business Litigation sessions and related courts throughout the country – courts within which...more

Disputes come from two directions. Either a claim form or a letter threatening legal action lands on your desk, or you...

by DLA Piper on

Disputes come from two directions. Either a claim form or a letter threatening legal action lands on your desk, or you discover that you have a potential legal claim against a third party. When this happens, what are the most...more

Polish Government considers termination of all the bilateral investment treaties – will this affect foreign investments in Poland?

by Dentons on

The Polish Government’s announcement that it would consider terminating its bilateral investments treaties (BITs) with other countries has been the focus of a great deal of attention in the last few weeks....more

The Arbitration Court declares it legal to deduct license fees for use of trademarks

by Dentons on

The Arbitration Court declares it legal to deduct license fees for use of trademarks - The Moscow Arbitration Court rendered the Decision of December 31, 2015 on case No. ?40-153860/15. The case was essentially about the...more

California Court Confirms No Absolute Public Policy Against Non-Competes Entered into by Partners

by Weintraub Tobin on

California’s prohibition on non-competition agreements is less than absolute. For example, non-compete agreements may be enforced against partners or sellers of businesses. Additionally, in SingerLewak LLP v. Andrew Gantman...more

The Chicago Cubs, Errors, and Arbitration of Florida Non-Compete Agreements

by Burr & Forman on

Some clients prefer to resolve disputes in arbitration. In theory, an arbitration proceeding can more quickly and — in some instances — more cost effectively resolve disputes. However because most arbitration clauses call for...more

NJ Appellate Division Reiterates Requirement That Arbitration Agreements Must Be Clear and Unambiguous To Be Enforceable

by Genova Burns LLC on

In two unrelated yet similar cases, the Superior Court of New Jersey, Appellate Division reiterated the requirements that arbitration provisions in employment agreements must be unambiguous, written in clear language, and...more

Energy Future Holdings – Another Major Success for Chapter 11 Mediation?

by Kelley Drye & Warren LLP on

Mediation has become an invaluable tool in large chapter 11 cases. Traditionally viewed as a means for resolving discrete disputes between a debtor’s estate and an adversary party, in recent years mediation in certain complex...more

FTC Cautions Against Improper Reliance on “Investment-Only” Exemption

by Ropes & Gray LLP on

Investment manager Third Point LLC and three of its affiliated funds have entered into a proposed settlement agreement with the federal antitrust authorities for violations of the Hart-Scott-Rodino Antitrust Improvements Act...more

Compliance with pre-arbitration and pre-litigation notice procedures is critical to enforcing contractual rights: English High...

by Dechert LLP on

When a party to a contract wishes to sue, the contract may include specific procedures for giving notice to the counterparty in a prescribed way prior to the right to litigate or arbitrate in accordance with the contract...more

The International Arbitration Review

by WilmerHale on

International arbitration is a fast-moving express train, with new awards and court decisions of significance somewhere in the world rushing past every week. Legislatures, too, constantly tinker with or entirely revamp...more

The Delaware Rapid Arbitration Act: The Return of Arbitration as a Quick and Cost-Effective Way for Businesses to Resolve Their...

Arbitration was originally created to provide parties with a speedy and less expensive forum for resolving disputes outside of the courts, but has eroded over the years to become equally, if not more, expensive and time...more

Flying through change – knowing and planning for contingencies

by Seyfarth Shaw LLP on

In our article about the 7 lessons for successful bargaining, we wrote that successful bargainers seek to control the bargaining agenda. They do so with a view to achieving their ultimate goals. But we also wrote that...more

CorpCast Episode 6: A Brief Introduction to the Delaware Rapid Arbitration Act [Audio]

by Morris James LLP on

On May 2, 2015, the Delaware Rapid Arbitration Act (the “DRAA”) became effective. The DRAA is the second attempt by the State of Delaware to create a state-sponsored voluntary arbitration process. In Episode 6, we sit down...more

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