General Business Mergers & Acquisitions Alternative Dispute Resolution (ADR)

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The Chicago Cubs, Errors, and Arbitration of Florida Non-Compete Agreements

Some clients prefer to resolve disputes in arbitration. In theory, an arbitration proceeding can more quickly and — in some instances — more cost effectively resolve disputes. However because most arbitration clauses call for...more

Oil Supplier Appeals Conoco’s Right To Buy Stake In Refinery Unit

In a long-standing dispute between Venezuelan state-owned Oil Company Petroleos de Venezuela SA (“Petroleos”) and ConocoPhillips, a New York district court judge upheld ConocoPhillips’ acquisition of a 50% stake in a Texas...more

NJ Appellate Division Reiterates Requirement That Arbitration Agreements Must Be Clear and Unambiguous To Be Enforceable

In two unrelated yet similar cases, the Superior Court of New Jersey, Appellate Division reiterated the requirements that arbitration provisions in employment agreements must be unambiguous, written in clear language, and...more

FTC Cautions Against Improper Reliance on “Investment-Only” Exemption

Investment manager Third Point LLC and three of its affiliated funds have entered into a proposed settlement agreement with the federal antitrust authorities for violations of the Hart-Scott-Rodino Antitrust Improvements Act...more

Compliance with pre-arbitration and pre-litigation notice procedures is critical to enforcing contractual rights: English High...

When a party to a contract wishes to sue, the contract may include specific procedures for giving notice to the counterparty in a prescribed way prior to the right to litigate or arbitrate in accordance with the contract...more

Decisions Raise Bar on Waiver of Arbitration Agreements Under Texas Law

While employers may enter into arbitration agreements with employees relatively easily, ensuring the enforcement of arbitration agreements can be a different matter. For this reason, employers are rightfully cautious to avoid...more

Use it or lose it: French courts reject procedural objections not raised at the earliest opportunity

The Paris Court of Appeal has issued a stark warning to litigants who fail to raise procedural objections at the earliest opportunity, denying parties the right to raise those objections in a subsequent challenge to the...more

Lewis v. Aimco Properties, L.P, et al., C.A. No. 9934-VCP (Del. Ch. Feb. 10, 2015) (Parsons, V.C.)

In this memorandum opinion, the Court of Chancery (i) granted in part certain defendants’ motion to dismiss for lack of subject matter jurisdiction, specifically ordering a stay pending arbitration; and (ii) granted certain...more

International News: Focus on Mining and Metals

In This Issue: - Features ..Investors in Africa Benefit from Regional Trading Blocs ..Understanding the COMESA Merger Control Regime ..Protecting Your UK Business Against Departing...more

Fifth Circuit Holds Order Remanding Case Back To Arbitrators For Clarification Is Non-Final And Non-Appealable

The appeal arose from a lawsuit to clarify an arbitration award concerning an alleged breach of a corporate merger agreement containing a binding arbitration clause. The federal district court found the arbitration panel had...more

Business Litigation Reporter -- June 2014

Goodwin Procter’s Business Litigation Reporter provides timely summaries of key cases and other developments within dedicated Business Litigation sessions and related courts throughout the country – courts within which...more

Working to restore the efficiencies of arbitration

Commercial arbitration began as an economical and fair alternative to court trials. Critics claim that is has become increasingly lengthy, expensive an more like litigation. Many arbitrators, ADR providers and counsel are...more

Viacom Int'l Inc. v. Winshall, No. 513, 2013 (Del. July 16, 2013)

In this en banc decision, the Delaware Supreme Court affirmed the Court of Chancery’s decision granting summary judgment in favor of Winshall and denying Viacom’s motion for summary judgment to vacate an arbitration...more

Supreme Court Enforces Arbitration Clause And Confines Court Of Appeals To The Arguments Raised By The Parties

In Richmont Holdings, Inc. v. Superior Recharge Sys., L.L.C., an asset purchase agreement included a binding arbitration clause. No. 12-0142, 2013 Tex. LEXIS 71 (Tex. January 25, 2013). The seller of the business signed an...more

Agências de "Rating" e Governança Corporativa: Paradigma ou necessária coexistência

O objetivo deste estudo é demonstrar os pontos positivos e negativos na atuação das chamadas agências de classificação de risco, tanto nos EUA, bem como na Europa e no Brasil. O...more

Keeping disagreements out of court: new problems with expert determination clauses (UK)

A recent case (6 November) casts doubt on the very common "expert determination" clauses used to value shares or property. Review them now!...more

California Court of Appeal Holds Class Action Waiver in Commercial Contract Not Unconscionable

In Walnut Producers of California v. Diamond Foods, Inc., Case No. C060346 (August 16, 2010), the California Court of Appeal for the Third Appellate District held that a class arbitration waiver in an agreement between walnut...more

Lessons from a Corsican Mouse on the Practice of Law

Reprinted/posted with permission of the Daily Journal Corp (2009) I have had one lesson, taught twice, that was very important to my career and life, and rather than subject any of you to the abject humiliation of the...more

Electronic Discovery/Disclosure: From Litigation to International Commercial Arbitration

Electronic Discovery/Disclosure: From Litigation to International Commercial Arbitration" is now published in The International Journal of Arbitration, Mediation and Dispute Management V 74, N 4, Nov 2008, ISSN 00037877 (The...more

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