Commercial Law & Contracts, Conflict of Laws, Civil Procedure

Promotion Of Arbitration In The 21st Century

by Brian A. Berkley, Benjamin Eichel, Ryan E. Peters | Pepper Hamilton LLP on 5/17/2013

While pundits complain about the United States Supreme Court’s diminishing docket, one area of law seems to have increased in popularity with the justices: arbitration law, and in particular the Federal Arbitration Act (FAA)....more

BLG Monthly Update for May 2013

by Neil Guthrie on 5/6/2013

Privacy, data breaches, texting, a bit of golf law and more in the BLG Monthly Update for May 2013...more

Ninth Circuit Widens Circuit Split Over Application of State or Federal Bankruptcy Law To Determine Whether Claims of...

by Alyson Allen, Mark Bane, Stephen Moeller-Sally, James Wilton | Ropes & Gray LLP on 5/3/2013

In an important decision for private equity sponsors and other insiders who advance loans to their businesses, on April 30, 2013, the Ninth Circuit Court of Appeals in In re Fitness Holdings International confirmed that...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

Class Action Waivers and the Arbitrability of Antitrust Claims—Charting the Likely Ramifications of AMEX III

by Demetrius Lambrinos | Zelle Hofmann Voelbel & Mason LLP on 4/24/2013

I. Introduction - There has been much debate concerning the scope of the Supreme Court’s recent decision in AT&T Mobility LLC v. Concepcion, and the enforcement of collective arbitration waivers — also called “class...more

Creditors Can Reach Benefits under "Top Hat" Plan, United States District Court of Maryland Rules

by Katherine Lange | Womble Carlyle Sandridge & Rice, PLLC on 4/17/2013

Executive Summary: ERISA “top hat” plan’s anti-alienation provision does not trump state garnishment laws. A familiar feature of ERISA is its protection of a participant’s retirement savings from creditors; ERISA...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

ZVertriebsR - Zeitschrift für Vertriebsrecht - Christoph Kocks und Uta Bröckerhoff "Die Anwendung des Gesetzes über...

by Kocks & Partners Rechtsanwälte Belgien on 4/16/2013

RA Christoph Kocks und RÄin Uta Bröckerhoff Die Anwendung des Gesetzes über vorvertragliche Informationen auf Franchiseverträge in Belgien Einleitung Das Gesetz vom 19. Dezember 2005 über vorvertragliche Information im...more

Buyer Beware: Seventh Circuit Upholds Application of the Federal Common Law Standard of Successor Liability in an Asset Sale

by Bill Berger, Adam Duerr, Gino Maurelli, Matthew Nyberg | Brownstein Hyatt Farber Schreck on 4/15/2013

One of the benefits to structuring an acquisition as an asset deal is that the buyer has the ability to choose the liabilities that it will assume and the liabilities that will remain with the seller, including contingent...more

Waiver Of Right To Arbitrate: To Move or Not to Move: Calculating the Risk Of Waiving the Right to Arbitrate in a Shifting...

by Sandra McCallion | Cohen & Gresser LLP on 4/12/2013

The U.S. Supreme Court’s decision in AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740, 2011 BL 110648, 79 U.S.L.W. 4279 (U.S. 2011), has been characterized as a ‘‘game changer’’ in the arbitration arena. Concepcion overturned...more

7th Circuit Holds Successor Liable for FLSA Claims, Despite Buyer’s Disclaimer

by Leo Crowley, Thomas N. Makris, Alexander Parachini, Paula Weber | Pillsbury Winthrop Shaw Pittman LLP on 4/12/2013

In Teed v. Thomas & Betts Power Solutions, LLC, the 7th Circuit in an opinion written by Judge Posner held that, absent a good reason to withhold liability, a purchaser of assets was subject to successor liability for Fair...more

Successor Liability Under The FLSA: Seventh Circuit Holds Purchaser Of Assets From Receiver Of Company Which Had Violated FLSA...

by M. Reid Estes, Jr., Daniel Gosch | Dickinson Wright on 4/11/2013

In a case which is sure to complicate the sale of companies (or discrete divisions thereof) and have widespread influence in other Circuits, the Seventh Circuit recently held that a company which acquired the assets (not...more

Sherzer v. Homestar Mortgage Services: The Third Circuit Takes Sides in a Circuit Split Over How a Borrower Exercises Rescission...

by Christopher Hart, Stephen J. Shapiro | Schnader Harrison Segal & Lewis LLP on 3/18/2013

In a recent decision, the Third Circuit took sides in a split between U.S. Circuit Courts of Appeal over what action borrowers must take to exercise their right to rescind a loan under the Truth in Lending Act (TILA). It...more

New York's Highest Court Affirms Contractual Right to Select New York Law to Govern Transactions Without Nexus to the State

by Marc Antonecchia | Holland & Knight LLP on 2/1/2013

In a case of first impression, the New York Court of Appeals has held that a court need not undertake a conflicts-of-laws analysis when there is an express choice of New York law in a contract pursuant to New York General...more

California Appellate Court Orders Arbitration and Rules that Claims May Not Proceed On Behalf of a Class Plaintiff in Macy's OT...

by Dawn Kennedy, Greg Mersol | BakerHostetler on 1/31/2013

A recent decision from a California court of appeals reflects a growing, if at times reluctant, acceptance by California courts of employment arbitration. In Outland v. Macy’s Department Stores, Inc., Case No. A133589 (Ct....more

New York Court of Appeals Holds Upholds Broad Choice of New York Law Provision in Contract Even in Absence of Contacts With New...

by Rena Andoh, John Stigi | Sheppard Mullin Richter & Hampton LLP on 1/31/2013

In IRB-Brasil Resseguros, S.A. v. Inepar Investments, S.A., No. 191, 2012 WL 6571286 (N.Y. Dec. 18, 2012), the Court of Appeals of the State of New York held that a broad choice of law provision in a contract precludes any...more

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Commercial Law & Contracts › Conflict of Laws › Civil Procedure

Promotion Of Arbitration In The 21st Century

BLG Monthly Update for May 2013

Ninth Circuit Widens Circuit Split Over Application of State or Federal Bankruptcy Law To Determine Whether Claims of...

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

Class Action Waivers and the Arbitrability of Antitrust Claims—Charting the Likely Ramifications of AMEX III

Creditors Can Reach Benefits under "Top Hat" Plan, United States District Court of Maryland Rules

Ninth Circuit Delivers a Key Victory for Consumer Arbitration

ZVertriebsR - Zeitschrift für Vertriebsrecht - Christoph Kocks und Uta Bröckerhoff "Die Anwendung des Gesetzes über...

Buyer Beware: Seventh Circuit Upholds Application of the Federal Common Law Standard of Successor Liability in an Asset Sale

Waiver Of Right To Arbitrate: To Move or Not to Move: Calculating the Risk Of Waiving the Right to Arbitrate in a Shifting...

7th Circuit Holds Successor Liable for FLSA Claims, Despite Buyer’s Disclaimer

Successor Liability Under The FLSA: Seventh Circuit Holds Purchaser Of Assets From Receiver Of Company Which Had Violated FLSA...

Sherzer v. Homestar Mortgage Services: The Third Circuit Takes Sides in a Circuit Split Over How a Borrower Exercises Rescission...

New York's Highest Court Affirms Contractual Right to Select New York Law to Govern Transactions Without Nexus to the State

California Appellate Court Orders Arbitration and Rules that Claims May Not Proceed On Behalf of a Class Plaintiff in Macy's OT...

New York Court of Appeals Holds Upholds Broad Choice of New York Law Provision in Contract Even in Absence of Contacts With New...

Washington Supreme Court: FAA Does Not Preempt State Law Prohibiting Arbitration Agreements in Insurance Contracts

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

Ninth Circuit Affirms Dismissal Of Unfair Competition Claims Over Teaser Rates

Court of Appeals Affirms Validity of New York Choice-of-Law Provisions

2012 In Arbitration Law: Is Class Arbitration Naughty Or Nice?

Courts Continue to Wrestle With Arbitration Issues

SCOTUS Reigns Supreme On Issue Of Arbitration Of Non-Compete Agreements

Sitzverlegung in der EU - Gesellschafts- und steuerliche Aspekte aus belgischer Perspektive

U.S. Supreme Court Orders State Court To Adhere To Federal Arbitration Act And Compel Arbitration

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