Commercial Law & Contracts | JD Supra Legal News, Updates, Analysis, & Information

Ninth Circuit Finds Carmack Amendment Precludes Arbitration Provisions

by Cadwalader, Wickersham & Taft LLP on 5/23/2012

The Ninth Circuit’s decision in Smallwood v. Allied Van Lines, et al., No. 09-56714 (9th Cir. 2011), discusses the important interplay between federal law and private contracts containing arbitration clauses. The topic...more

Does your chosen jurisdiction clause extend to the arbitration agreement?

by Bryan Cave on 5/23/2012

It is quite rare for an agreement to state expressly which law shall be applicable to the arbitration clause, because it normally forms part of the agreement. It has been accepted in many cases as well as in the leading...more

Resolving Life Science Collaboration Disputes

by Pillsbury Winthrop Shaw Pittman LLP on 5/22/2012

This article first appeared in Law360, May 11, 2012. Life science companies frequently collaborate to develop drugs or devices. Some collaboration agreements refer disputes to arbitration. Others are silent so any...more

Arbitration Limitation: Ninth Circuit Holds That a Bankruptcy Court May Refuse to Enforce an Arbitration Clause

by Mintz Levin - Bankruptcy, Restructuring &... on 5/22/2012

Clients often raise questions concerning the enforceability of arbitration clauses in bankruptcy proceedings. While this topic has been hotly debated for many years, a recent Ninth Circuit opinion, In re Thorpe Insulation...more

JAMS Global Construction Solutions -- Spring 2012

by JAMS, The Resolution Experts on 5/22/2012

In This Issue: Assessing the Risks of the Use of Interim and Partial Final Awards; Book Review: International Construction Arbitration Handbook Reviewed by Joel Richler, FCIArb; The Advantages of a “Civil” Approach to...more

Action Against Workers' Comp Claims Administrator Not Covered by Insurer's Arbitration Provision, Court of Appeal Rules

by Barger & Wolen on 5/21/2012

In DMS Services, Inc. v. Superior Court, the Plaintiff brought suit in California state court for breach of contract, bad faith and related claims against the third-party administrator, or TPA, responsible for managing its...more

Court Refuses Challenge to FINRA Rule Barring Waivers of Class Actions, Ruling that Plaintiffs Must Exhaust Administrative...

by Cadwalader, Wickersham & Taft LLP on 5/18/2012

Charles Schwab & Co. v. Financial Industry Regulatory Authority, Inc., No. C-12-518 EDL (N.D. Cal. 2012), provides a new analysis in the growing body of law addressing the circumstances under which waivers of class action in...more

Reinsurance Redux - May 2012

by Saul Ewing LLP on 5/18/2012

In This Issue: - Reinsurer’s Obligation to Provide Coverage to Reinsured Not Contingent Upon Exhaustion of Limits of Primary Policy In granting an insurer’s motion for judgment on the pleadings, the United States...more

Franchise Review - May 2012: Other Legislation

by Osler, Hoskin & Harcourt LLP on 5/18/2012

In a perfect world, a sincere apology could help resolve a dispute quickly, restoring the good working relationship between franchisor and franchisee without litigation. But when your apology is not accepted and you end up...more

CFPB Seeks Input on Study of Mandatory Arbitration Clauses

by Loeb & Loeb LLP on 5/18/2012

The Consumer Financial Protection Bureau (CFPB) has launched the preliminary stage of its study into the use of mandatory arbitration clauses by issuing a Request for Information to the public asking for suggestions about how...more

Franchise Review - May 2012: Franchise Legislation

by Osler, Hoskin & Harcourt LLP on 5/18/2012

Manitoba’s The Franchises Act (the Act) and Franchises Regulation (the Regulation) have been proclaimed into force with an effective date of October 1, 2012. On and after that date, franchisors granting franchises to be...more

Using Federal Antitrust Law To Void Class Action Waivers

by Zelle Hofmann Voelbel & Mason LLP on 5/15/2012

Originally published in Competition Law360 on May 15, 2012. Last year, in AT&T Mobility LLC v. Concepcion, 131 S.Ct. 1740 (2011), the U.S. Supreme Court held that the so-called “collective arbitration waivers” (also...more

The Case for Early Intervention in Construction Disputes

by j kirk trombley on 5/15/2012

This article makes the case for early intervention and dispute resolution in construction disputes. Mediate don't litigate....more

Variable Interest Entity (VIE) Structures Face Additional Scrutiny for Hong Kong Listing

by Pillsbury Winthrop Shaw Pittman LLP on 5/15/2012

Since its first use by Sina Corporation in 2000, the VIE structure has been widely adopted by many Chinese companies to attract foreign investment and complete offshore listings. While companies operating under VIE structure...more

British Columbia On-line Dispute Resolution

by Fraser Milner Casgrain LLP on 5/15/2012

On May 7, 2012, the Ministry of Justice for British Columbia announced the introduction of Bill 44, the Civil Resolution Tribunal Act. If enacted, British Columbia would become the first jurisdiction in Canada to create a...more

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Commercial Law & Contracts – May 23, 2012

Narrowed by: Alternative Dispute Resolution (ADR)