Civil Remedies › Business Torts › Alternative Dispute Resolution (ADR)

Arbitrator’s Creative IP Remedy Upheld Because It Furthered “General Aims Of Agreement”

In a dispute over whether an arbitrator has authority to grant a video game developer and publisher a perpetual license in the intellectual property as a remedy for the developer’s fraud and breaches of contract, the Fifth...more

Seventh Circuit Is Sick Of Arbitration Appeals; Threatens “High Risk Of Sanctions”

In an opinion released yesterday, the Seventh Circuit schooled appellant’s counsel first on the application of the New York Convention and Panama Convention, then on the high standard of review it applies to commercial...more

Can You Be Forced to Arbitrate Even If You Didn’t Sign the Underlying Arbitration Agreement?

Can You Be Forced to Arbitrate Even If You Didn’t Sign the Underlying Arbitration Agreement? by Joel N. Kreizman on January 16, 2013 To the surprise of many New York and New Jersey businesses, the answer may be yes....more

Summer 2012 Litigation Update

This is a summary of litigation results for the first half of 2012, including commercial real estate litigation, breach of contract litigation, business tort litigation, and shareholder litigation....more

Weekly Law Resume - July 5, 2012: Beware of Waiving Jury Trial and Appeal Rights: Settlement Agreement Authorizing “Binding...

Ryan N. Bowers et al., v. Raymond J. Lucia Companies, Inc. California Court Of Appeal, Fourth District (May 30, 2012) Parties are using mediation as a form of alternative dispute resolution more and more frequently. This...more

Executive Entitled to Bonus Despite Breach of Fiduciary Duty

The Ontario Court of Appeal has recently restored an arbitrator’s decision granting a terminated executive his bonus despite his misappropriation of the employer’s money and resources during the period in which the bonus was...more

Ninth Circuit Applies Concepcion to Invalidate Public Injunction Exception to Arbitration

The Ninth Circuit has invalidated California's public injunction exception to arbitration. Claims under the State's Unfair Competition Law (17200)are now arbitrable even if a public injunction is sought....more

Gustavus, LLC v. Eagle Investments

Appellant's Brief

This Brief, filed on behalf of Appellant Gustavus LLC, argues that a public policy defense is not preempted by the Federal Arbitration Act where the public policy defense is a general contract defense that exists for the...more

Arbitrator lacks jurisdiction to make orders affecting third parties

Commercial Arbitration is a process which depends on the consent of the parties. Only parties to the arbitration agreement can be affected by the arbitrator's award. In this article, the authors review a recent judgment of...more

Sargeant v Terminix International

Arbitrator's Award

Terminix lied to an ordained pastor and his wife about the condition of a Newport Arkansas home they bought. Terminix said all damage in the house was repaired. In truth, it needed to be torn down. The managers responsible...more

The Value of Shared Responsibility: A Litigator's Perspective

Nearly every case settles. One explanation is that litigants would rather not put a major decision in the hands of a judge, jury or arbitrator. As qualified as these decision-makers are, as integral as they are to our legal...more

Brand Protection in High Exposure Litigation: Winning in the Court of Public Opinion

Consumer facing companies underatnd that brand protection is mission critical activity. A company's brand is its promise to consumers on issues such as health, safety, quality and integrity. Certain litigation can destroy...more

January 2011 Litigation Update

Summary of successful results from the last quarter of 2010....more

What's My Mug Doing In Your Coffee

California Supreme Court's decision in the case of RUSSELL CHRISTOFF v. NESTLE USA, INC., came down on August 17, 2009. It raises a question about the applicability of the "Single Publication Rule" to labels, like labels on...more

Resolving Shareholder Disputes in Canada

This article, published in July 2009, discusses key issues affecting disputes among shareholders of private corporations in Ontario, Canada. The authors, Igor Ellyn and Orie Niedzviecki, both of Ellyn Law LLP Business...more

Three Clues to Finding a Silver Lining Within The Cloud of Civil Litigation Defense

From the smallest of sole proprietorships to the biggest of corporate conglomerates, no business reacts positively to being named as a defendant in a civil lawsuit. Those that have previously experienced such a scenario know...more

So, your business has a legal problem: 8 useful tips to get help from your lawyer

As a business owner, you are usually run off your feet with the challenges of running your business. The last thing you need to worry about is a legal problem. Many business people put off dealing with a legal problem because...more

See the Problem, Solve the Problem

A client-centered approach for resolving legal problems....more

LITIGATION VS. ARBITRATION

Now that arbitration has matured, is it still the economical, efficient service its proponents claim it to be? The answer is decidedly mixed. Costs of arbitration have risen to the point where it can be more expensive than a...more