Civil Procedure Privacy Alternative Dispute Resolution (ADR)

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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

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

Alberta Arbitration Board Rules Random Drug and Alcohol Testing Unreasonable

In the ongoing debate on random drug and alcohol testing of employees, an Alberta Arbitration Board (the “Board”) has found that an employer’s random drug and alcohol testing policy is unreasonable. The Board’s...more

Third Circuit Finds Delaware Chancery’s Arbitration Program Unconstitutional

A three-judge panel of the US Court of Appeals for the Third Circuit recently affirmed an injunction against the Delaware Court of Chancery’s arbitration program, finding that the confidential proceedings violate the First...more

Arbitrations, Courts, and Confidentiality

Generally speaking, parties can resolve their disputes either in a public court or private arbitration. One significant difference between the two is the confidentiality of the process: only private arbitration can afford...more

Employment Law -- Oct 23, 2013

In California, Arbitration Agreement Valid Despite Lack of Rules - Why it matters: California employers scored a victory with the Peng decision, with the court making clear that a procedural error in failing to include...more

SuperVision Today - 3rd Quarter 2013

Notes from the Chair & Executive Editor - Welcome to the third-quarter edition of SuperVision Today, Spilman Thomas & Battle's labor and employment e-newsletter. We are very excited about the recently launched Spilman...more

Supreme Court Speaks On Random Alcohol Testing

The Supreme Court of Canada has released its decision in a much-anticipated case about random alcohol testing in the workplace. In a split decision, a majority of the Court decided that a policy requiring employees in a New...more

The Supreme Court of Canada Provides Guidance on Random Alcohol Testing

In Irving Pulp & Paper, Limited v. Communications, Energy and Paperworkers Union of Canada, Local 30, a decision released on June 14, 2013, the Supreme Court of Canada has confirmed the limited ability of management to...more

Canadian Courts Consider Alcohol and Drug Testing in the Workplace

The Supreme Court of Canada (in Irving Pulp & Paper, Ltd. v. Communications, Energy and Paperworkers Union of Canada, Local 30) and the Alberta Court of Appeal (in Communications, Energy and Paperworkers Union, Local 707 v....more

Discovery in the US Involving French Companies

Judicial cross border litigation and/or international arbitration proceedings reveal two distinct systems: common law systems allow a comprehensive collection and disclosure of all existing documents leading to admissible...more

Changes Come to Confidentiality of Florida Court Filings

As the judicial branch transitions toward acquiring, maintaining, and distributing court records electronically, the Supreme Court of Florida has viewed the confidentiality of a narrow set of records as a...more

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