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It might seem uncontroversial that the members of a limited liability company cannot follow with a personal lawsuit for injuries after their LLC litigates, and loses, claims based on the same issues. But it took the Business...more
Section 42 of the Arbitration Act 1996 acts as an effective, although rarely used, mechanism to enforce a recalcitrant party to comply with an arbitrator's peremptory order. But how deep into the merits of a peremptory order...more
Attorney Dominic Picca, Member of Mintz Levin's Litigation Practice, discusses the strategic advantages of settlement versus litigation....more
Attorney John Delehanty, Member of Mintz Levin's Intellectual Property Practice, explains the benefits of using mediation to resolve patent disputes. ...more
In this memorandum opinion, the Delaware Court of Chancery stayed an action for advancement of legal fees and expenses, ruling that provisions in four separate agreements, when viewed together, demonstrated the parties’...more
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
The Third Circuit just issued a decision that tries to divine the dividing line between challenges to the formation of contracts containing arbitration clauses (which are presumptively for courts), and challenges to the...more
Recently, the Arizona Court of Appeals determined that under the 2010 Arizona Revised Uniform Arbitration Act, A.R.S. §12-3001, et seq. (the AZ-RUAA), a contractual agreement to arbitrate extends to: (i) arbitration of claims...more
Special Masters are often appointed by courts in complex litigation to oversee discovery and resolve discovery disputes between litigants. Yes, they are an added expense, but their ability to quickly and efficiently resolve...more
The US District Court for the Southern District of Florida confirmed that third-party beneficiaries of a contract containing an arbitration clause may be compelled to arbitrate their claims notwithstanding that the...more
Internet giant Paypal recently joined Sony, Microsoft, and Netflix to become one of the latest major companies to include a provision banning consumer class actions in its terms of service. Such waivers now frequently appear...more
Dispute resolution in Canada follows procedures in line with other leading western legal systems, including those of the United Kingdom and the United States. The independence and impartiality of the Canadian judiciary is...more
When advising business clients about doing business in Canada, lawyers must turn their minds not only to the kinds of corporate vehicles which Canadian law permits but also the remedies permitted if disputes arise. In this...more
Non-compete and trade secret litigation inherently involves disclosure of confidential information. Plaintiffs argue that defendants took or used the plaintiff’s confidential information, and they often want the defendants to...more
The Jackson Reforms, proposed by Lord Justice Jackson appear to be nothing short of a direct assault on “access to justice” and the “gateway to justice”....more
New “provisional” statistics show a 51% decrease employment tribunal claims – but what about the missing data?
The Tribunals Service has recently published quarterly statistics for 1 October to 31 December 2010 for all...more
Recently, in a case handled by our law firm, the Brazilian Superior Court of Justice (“STJ”) ruled that the recognition of a foreign award is not barred by the simple existence of a concurrent lawsuit with the...more
Recently, the Brazilian Superior Court of Justice (“STJ”) ruled that the recognition of a foreign arbitration award is not barred by the simple existence of a concurrent lawsuit with the same subject matter in...more
Denial of Discovery Motion Because of No Certification that Parties Attempted to Confer and Resolve There Dispute in Good Faith...more
A new Washington Supreme Court case will affect companies with arbitration agreements. It's time to review your arbitration agreements. A narrowly divided Washington State Supreme Court has held that an arbitration panel...more
It was the opening subject of the IBA's Managing Complex Litigation conference, held recently in Washington DC, where counsel from companies including GE, 3M and Ernst & Young exchanged notes on how they choose external...more
BARGATE MURRAY - QUARTERLY EMPLOYMENT LAW REVIEW
A new Era begins...
Philip Henson, Partner in the City of London law firm Bargate Murray looks to how business leaders and HR practitioners should be prepared for changes...more
The pendulum may finally be swinging back. Recent court opinions, as discussed below, reveal a more guarded approach toward the once heralded arbitration process, as evidenced by judges’ greater willingness to vacate...more
There are differences between arbitration and litigation: An arbitrator has no authority to order an in camera review of information protected by the attorney-client privilege, the absolute work-product doctrine or the...more
How Final Are Arbitration Awards?
The answer may surprise you.
For years, contractual arbitration awards have been subject to limited judicial review. Indeed, under State and Federal law, such awards could be challenged...more
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