Commercial Law & Contracts, Civil Remedies, Alternative Dispute Resolution (ADR)

Attorneys' Fees Provisions: Not a Blank Check to Overreach

by Anne Kane | Schnader Harrison Segal & Lewis LLP on 5/16/2013

In the American legal system, attorneys’ fees and costs are not recoverable as damages unless expressly authorized by statute. Legal fees are simply a cost of doing business unless the parties to a contract agree otherwise....more

Arbitral Award of Perpetual License Upheld by Fifth Circuit

by JAMS, The Resolution Experts on 5/15/2013

Once in a while it seems the people who design live-action war-based video games get into real-world non-virtual disputes of their own. When “Timegate” promised to “Southpeak” that it would design a videogame named “Section...more

Appellate Notes: Week of April 18th

by Edward McCreery III | Pullman & Comley, LLC on 5/14/2013

Welcome to our Supreme and Appellate Court summaries webpage. On this page, I provide abbreviated summaries of decisions from the Connecticut appellate courts which highlight important issues and developments in Connecticut...more

Can You Enforce an Arbitration Clause on the Other Side Just Before Trial?

by Gary Young on 5/10/2013

Can You Enforce an Arbitration Clause on the Other Side Just Before Trial? by Gary S. Young on May 10, 2013 The Supreme Court of New Jersey recently considered how late is “too late” to invoke an arbitration clause in a...more

"The Increasing Appeal and Novel Use of Bilateral Investment Treaties"

by David Herlihy, David Kavanagh, Timothy Nelson | Skadden, Arps, Slate, Meagher & Flom LLP on 4/30/2013

Over the last 20 years, bilateral investment treaties (BITs) have provided foreign investors with basic safeguards against expropriation and related risks and guarantee the right to bring claims before a neutral arbitral...more

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

by Liz Kramer | Leonard, Street and Deinard - Arbitration... on 4/26/2013

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

Game Developer’s Conduct Justified Granting Publisher a Permanent Royalty-Free License

by Sean Kane | Pillsbury Winthrop Shaw Pittman LLP on 4/26/2013

On April 9, the U.S. Court of Appeals for the 5th Circuit issued an order upholding an arbitration award against a video game developer and granting a publisher a perpetual license in the developer’s game due to the...more

Ninth Circuit: Injunctive Relief Claims Relating Only to Past Harms to a Limited Class Are Not Exempt From Arbitration

by Brian Martin, Amy L. Pierce, Christine Scheuneman, Nathaniel Smith | Pillsbury Winthrop Shaw Pittman LLP on 4/25/2013

Following the U.S. Supreme Court’s decision favoring arbitration clauses in AT&T Mobility LLC v. Concepcion, the Ninth Circuit Court of Appeals held in Kilgore v. KeyBank, N.A. that the Federal Arbitration Act (“FAA”)...more

Focused on Franchise Law - April 2013

by Barry Kurtz on 4/17/2013

In This Issue: Barry Kurtz and Bryan Clements Featured in Bar Association Publications; Franchisor 101:Out of Control - Franchisor Not Liable For Franchisee's Negligence; and, Franchisee 101: Improper Termination May Be A...more

Ninth Circuit Delivers a Key Victory for Consumer Arbitration

by Alan S. Kaplinsky, Mark J. Levin | Ballard Spahr LLP on 4/16/2013

Proponents of consumer arbitration have been buoyed by a Ninth Circuit opinion issued on April 11, 2013, that underscores the dramatic impact that AT&T Mobility, LLC v. Concepcion has had on the enforcement of consumer...more

Facebook Posts Breached Confidentiality Agreement

by Jennifer Barlow | Lerners LLP on 4/12/2013

The decision of the Human Rights Tribunal of Ontario (“HRTO”) in Tremblay v. 1168531 Ontario Inc. serves as yet another reminder that Facebook postings can have significant consequences. It is also the first decision before...more

Case note: Griffon Shipping LLC V Firodi Shipping Ltd. [2013] EWHC 593

by Philip Rymer, Charles Weller, Robert Wilkins, Michael Wood | Reed Smith on 4/11/2013

An important decision for the ship sale and purchase market has confirmed that buyers entering into a standard form Memorandum of Agreement (MOA) (on Norwegian Sale Form (NSF) 1993 terms and similar, e.g., the 2012 terms) do...more

Li v. Standard Fiber, LLC, C.A. No. 8191-VCN (Del. Ch. Mar. 28, 2013) (Noble, V.C.)

by Potter Anderson & Corroon LLP on 4/10/2013

In this memorandum opinion, the Delaware Court of Chancery stayed an action for advancement of legal fees and expenses, ruling that provisions in four separate agreements, when viewed together, demonstrated the parties’...more

Texas District Court Deems Arbitration Agreement Enforceable

by Jason F. Clouser, Michael S. Gordon | Katten Muchin Rosenman LLP on 4/3/2013

The US District Court for the Southern District of Texas recently held that a dispute between a group of employers and a former employee should be submitted to arbitration, finding that the arbitration agreement was valid and...more

The Role of Arbitration in International Business

by Ellyn Law LLP on 3/21/2013

International commercial arbitration is the most common method for resolving disputes arising from agreements between businesses in different countries. In this detailed presentation, Igor Ellyn, QC, an experienced...more

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

by Liz Kramer | Leonard, Street and Deinard - Arbitration... on 3/20/2013

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

SCC will Decide Finder’s Fee Arbitration Case

by Andrew Little | Bennett Jones LLP on 3/18/2013

The Supreme Court of Canada has just decided to hear a commercial arbitration case arising from a finder’s fee dispute in the mining industry. The legal issues in the appeals — plural — go to the heart of the relationship...more

Eighth Circuit Rules Equitable Estoppel Doctrine Cannot Be Used to Compel Non-Signatories to an Arbitration Agreement into...

by Carey Busen | BakerHostetler on 3/13/2013

Arbitration in the context of antitrust class action litigation continues to be a front and center issue for the federal appeals courts. (See this blog’s discussion of a Third Circuit decision from late last year, In re...more

Arbitration Clause Of A Loan Agreement Containing A Class Action Waiver Was Not Void As Being In Violation Of Public Policy

by Adam Koppel | Carlton Fields on 2/8/2013

In Baldwin v. Regions Financial Corp., 98 So. 3d 1201 (Fla. 3d DCA 2012), the District Court of Appeal of the Third District of Florida held that an arbitration clause of a loan agreement, containing a class action waiver,...more

Construction OberView: Ober|Kaler Obtains Confirmation of Significant Arbitration Award for Condo Unit Owner’s Claim

by Jackson Boyd | Ober|Kaler on 2/5/2013

Ober|Kaler Construction Group principal Raymond D. Burke and associates Matthew T. Vocci and Jackson B. Boyd secured judicial confirmation last year in the Circuit Court for Baltimore City of a significant arbitration award...more

Class Action Waivers Are Enforceable Despite Any State Statutory Right To A Class Action

by Travis Anderson, Shannon Petersen | Sheppard Mullin Richter & Hampton LLP on 1/22/2013

In Flores v. West Covina Auto Group, --- Cal.Rptr.3d ----, 2013 WL 139200 (Cal.App. 2 Dist. Jan. 11, 2013), the California Court of Appeal extended the U.S. Supreme Court’s landmark decision in AT&T Mobility, Inc. v....more

Patton Boggs Reinsurance Newsletter - December 2012: Illinois State Court Dismisses Cedent’s Post-Arbitration Complaint Seeking...

by Patton Boggs LLP on 1/21/2013

Amerisure Mut. Ins. Co. v. Global Reinsurance Corp. of Am., No. 10 L 012665 (Ill. Cir. Ct. Nov. 7, 2012). An Illinois state court dismissed a cedent’s complaint seeking attorney fees for a reinsurer’s alleged...more

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Commercial Law & Contracts › Civil Remedies › Alternative Dispute Resolution (ADR)