News & Analysis as of

Civil Procedure Mergers & Acquisitions Alternative Dispute Resolution (ADR)

Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:

Fifth Circuit Rejects Misbehavior Challenge To Arbitration Award

by Carlton Fields on

Foundation Surgery Affiliate of Southwest Houston, LLC (“Southwest”), the owner of a surgical and imaging facility in Houston, entered into a purchase and sale agreement in 2008 with Rainier Capital Acquisitions, LP, which...more

Oil Supplier Appeals Conoco’s Right To Buy Stake In Refinery Unit

by Carlton Fields on

In a long-standing dispute between Venezuelan state-owned Oil Company Petroleos de Venezuela SA (“Petroleos”) and ConocoPhillips, a New York district court judge upheld ConocoPhillips’ acquisition of a 50% stake in a Texas...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

Decisions Raise Bar on Waiver of Arbitration Agreements Under Texas Law

While employers may enter into arbitration agreements with employees relatively easily, ensuring the enforcement of arbitration agreements can be a different matter. For this reason, employers are rightfully cautious to avoid...more

The Ropes Recap: Mergers & Acquisitions Law News - First Quarter 2015

by Ropes & Gray LLP on

In this issue: - News from the Courts - Chancery Court Denies Enforcement of Drag-Along Right in Transaction Where Notice to Minority Stockholders Improperly Provided After Majority Stockholder Approval...more

Use it or lose it: French courts reject procedural objections not raised at the earliest opportunity

by DLA Piper on

The Paris Court of Appeal has issued a stark warning to litigants who fail to raise procedural objections at the earliest opportunity, denying parties the right to raise those objections in a subsequent challenge to the...more

Fifth Circuit Holds Order Remanding Case Back To Arbitrators For Clarification Is Non-Final And Non-Appealable

by Carlton Fields on

The appeal arose from a lawsuit to clarify an arbitration award concerning an alleged breach of a corporate merger agreement containing a binding arbitration clause. The federal district court found the arbitration panel had...more

The Ropes Recap: Mergers & Acquisition Law News - Recap of Fourth Quarter 2013

by Ropes & Gray LLP on

In this issue: *News from the Court: - Guidance from Delaware Chancery Court for Notice Provisions and - Survival Periods - Privileged Pre-Merger Attorney-Client Communications Belong to Surviving...more

Supreme Court Enforces Arbitration Clause And Confines Court Of Appeals To The Arguments Raised By The Parties

by Winstead PC on

In Richmont Holdings, Inc. v. Superior Recharge Sys., L.L.C., an asset purchase agreement included a binding arbitration clause. No. 12-0142, 2013 Tex. LEXIS 71 (Tex. January 25, 2013). The seller of the business signed an...more

Keeping disagreements out of court: new problems with expert determination clauses (UK)

by Chris Robinson on

A recent case (6 November) casts doubt on the very common "expert determination" clauses used to value shares or property. Review them now!...more

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