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Zell Global (“Zell”) and Blue Aerospace (“Team Blue”) entered into a contract where Zell would render financial consulting services in connection with the potential sale of Team Blue’s assets or equity. ...more
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
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? 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
The US Supreme Court recently vacated a decision by the Oklahoma Supreme Court, holding that the national policy favoring arbitration found in the Federal Arbitration Act (“FAA”) and supporting case law, a policy which...more
Law firms are increasingly using a multitude of factors to value cases. Valuation provides the parties a better means to identify the issues in litigation, discuss which ones are in dispute, and calculate a logical...more
Settlement negotiations regarding legal claims can generally be successful only if discussions lead to a compromise which leaves both parties fearful that litigation may lead to a result potentially far worse. When there are...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
In This Issue: - Editors' Overview - Prospects for Avoiding ERISA Class Actions with Arbitration Agreements - Rulings, Filings, and Settlements of Interest ...more
In August 2012, three different courts issued rulings which hold that vague, block billed time entries—which have long been the bread-and-butter of most law firms—just aren't a very accurate or reliable reflection of how much...more
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
An important skill set that corporate executives, managers and business owners need in order to effectively manage the risks of their operation is the ability to recognize and respond to legal issues in a timely manner....more
Can an employer require that its employees arbitrate employment law claims, rather than file lawsuits? Can an employer require that employees waive the right to take part in class action lawsuits or class arbitrations...more
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
The FAA sets the rule that an arbitration award may be vacated “where there was evident partiality or corruption in the arbitrators.” 9 U.S.C. Sec. 10(a) (2). We know from Commonwealth Coatings Corp. v. Continental Cas. Co.,...more
In This Issue: - Texas Court of Appeals Holds that Insurer’s Consent was Not Required for Modification of a Reinsurance Agreement to be Enforceable: The Texas Court of Appeals held that an insurer’s consent was not...more
This article by Victoria Holstein-Childress discusses mandatory pre-dispute arbitration clauses in consumer financial services contracts and the Supreme Court's January 2012 decision in Compucredit v. Greenwood. In...more
Terminix was taken to task for intentionally defrauding a lawyer and his family. Terminix knew it could not and would not prevent termite damage in the family's home. When the family insisted that Terminix repair all of the...more
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
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 California Supreme Court recently held in Cassel v. Superior Court, 51 Cal. 4th 113 (2011), that California’s statutory mediation privilege prevents the disclosure of private communications between an attorney and...more
On April 11, 2011, The Ninth Circuit Court of Appeals affirmed the District Court decision that denied the Winklevoss twins bid to void their settlement agreement with Facebook and Mark Zuckerberg. In his opinion, Judge...more
Interesting Articles And News From Around the Web: 10/11-10/17/2010 Business Litigation News...more
In This Alert: I. Rent-A-Center, West, Inc. v. Jackson On June, 21, 2010, in Rent-A-Center, West, Inc. v. Jackson, the United States Supreme Court held that when an employee signs an arbitration agreement that...more
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