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Alternative Dispute Resolution (ADR) Updates

Read Alternative Dispute Resolution updates, alerts, news, and commentary from leading lawyers and law firms:

First Circuit Upholds Arbitrator’s Denial Of Arbitrability Of Reinsurance Agreement, Finding No Manifest Disregard Of The Law

by Carlton Fields on

Mountain Valley Property, Inc (MVP) entered into a three-year reinsurance participation agreement with Applied Underwriters Captive Risk Assurance Co. Inc. (AUCRA), which contained a mandatory arbitration clause as well as a...more

Professor Sovern Disagrees with Senator Warren and Concedes that Consumers Do Well in Arbitration But Raises Another Red Herring

by Ballard Spahr LLP on

Professor Jeff Sovern has responded to our recent blog, “Senator Warren’s Numbers Don’t Add Up,” with a blog of his own. He does not contest the main point of our blog, which was that Senator Warren’s claim that consumers...more

Lessons From the Ezekiel Elliott Arbitration

by Baker Donelson on

As most football fans know, the NFL suspended Dallas Cowboys’ star running back Ezekiel Elliott for the first six games of the 2017 – 2018 season for violating the league’s personal conduct policy. His suspension was based on...more

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

In Allied v. OSMI, the Circuit affirms dismissal of a declaratory judgment action even though Allied’s Mexican distributors had been sued in Mexico on a corresponding Mexican patent. In a first Waymo v. Uber case, the panel...more

Africa Focus: Arbitration in Africa - Managing risk in a growing market

by White & Case LLP on

Today, many areas of the African economy are still growing despite challenges due to sharp reductions in the price of oil and other natural resources. Besides the industries related to the continent's natural resources,...more

CMS Lifts Ban on Arbitration Agreements and Proposes Rules for Transparency in the Arbitration Process

by Baker Ober Health Law on

In a new proposed rule published in June 2017, the Centers for Medicare and Medicaid Services (CMS) proposed to abandon its previous rule prohibiting long term care facilities from entering into pre-dispute arbitration...more

Senator Warren’s Numbers Don’t Add Up

by Ballard Spahr LLP on

In a press release issued earlier this week, Senator Elizabeth Warren argued that the CFPB’s arbitration rule should not be repealed under the Congressional Review Act because consumers recovered “in only 9 percent of the...more

Health Care Matters, Summer 2017

by JAMS on

The Uses of Arbitration / Judicial Reference in Complex Health Care Litigation - Everyone knows that using a mediator with health care experience is valuable in complex health care matters. But there are many other ways...more

Chris Lazarini Discusses Application of Inter-American Convention on International Commercial Arbitration

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini discussed a case involving an international family dispute over the holdings in a brokerage account. In this instance, the primary owner of the account – a mother living in Columbia...more

Federal District Court in South Dakota Compels Arbitration Despite Defendant’s Failure to First Submit the Dispute to the Project...

by Pepper Hamilton LLP on

Dlorah, Inc. v. KLE Constr., LLC, No. CIV. 16-5102-JLV, 2017 U.S. Dist. LEXIS 11043 (D.S.D. July 17, 2017) - Plaintiff, Dlorah, Inc. (“Dlorah”), filed suit against defendant, KLE Construction, LLC (“KLE”), in connection...more

Arbitration: a new forum for business and human rights disputes?

by Hogan Lovells on

As the international community turns its focus to the third pillar of the UN Guiding Principles on Business and Human Rights – “Access to Effective Remedy” is the central theme of the upcoming 2017 UN Forum on Business and...more

Ninth Circuit Finds Plaintiff Entitled To Trial On Issue Of Whether An Arbitration Agreement Was Executed

by Carlton Fields on

Defendant provided the district court with copies of two contracts – a Reinsurance Participation Agreement and a Request to Bind – that were purportedly signed by Plaintiff’s CEO and contained arbitration clauses....more

Chris Lazarini Examines Unconscionability Claims in Arbitration Clause

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini examined a case in which a plaintiff filed a breach of fiduciary duty claim in federal court and opposed defendants' efforts to move the claims to arbitration. The plaintiff claimed...more

Second Circuit Court of Appeals Reaffirms Strong Federal Preference for Enforcing Arbitration Agreements in the Evolving Era of...

by Foley & Lardner LLP on

In a big win for the tech industry and app developers, and for other companies seeking to enforce arbitration agreements through web-based interactions, last week the Second Circuit Court of Appeals held that the plaintiff in...more

Who Is Presumptively Authorized To Order Class Arbitration? Circuit Courts Weigh In

by Latham & Watkins LLP on

Recent circuit court decisions have strategic implications for companies facing potential class arbitration claims. Key Points: - The Eighth and Ninth Circuits both found in separate cases that the authority to...more

What to Watch - Supreme Court to Consider Whether Agreements to Waive Employees' Class or Collective Action Rights are Enforceable

by Poyner Spruill LLP on

In recent years, employers have increasingly been subject to class and collective actions lawsuits by employees alleging various employment law violations, including claims under the Fair Labor Standards Act. In response,...more

Should You Mediate Your Family-Owned Business Dispute?

by Murtha Cullina on

Disputes between and among owners of family-owned businesses are sometimes unavoidable. When such disputes progress to litigation, they can be extremely costly, time-consuming, and disruptive for the business and its owners....more

Upcoming Programs On CFPB Arbitration Rule

by Ballard Spahr LLP on

In July, the CFPB issued its Final Arbitration Rule on the use of arbitration provisions in consumer financial services products and services.  I will be participating in two upcoming programs related to the Rule....more

Sixth Circuit Affirms Vacatur Of Arbitration Award Based On Prior Termination Of Sales Contract

by Carlton Fields on

The Sixth Circuit has affirmed an order vacating an arbitration award, agreeing with the district court that the mandatory arbitration clause at issue was unenforceable upon termination of the agreement in which it was...more

Equifax And The CFPB Arbitration Rule: A Tempest In A Teapot

by Ballard Spahr LLP on

The recent data breach disclosure by Equifax raised an outcry from consumer advocates trying to link the data breach to the Consumer Financial Protection Bureau’s (CFPB) final arbitration rule. They are portraying this...more

Ninth Circuit: “Zombie” Cookie Installer Cannot Compel Arbitration Based on Verizon Arbitration Agreement

Takeaway: Non-parties who seek to rely on equitable estoppel to compel arbitration of claims based on an arbitration agreement they did not sign face an uphill battle in the Ninth Circuit. In In re Henson, No. 16-71818, 2017...more

Gig Employers, Arbitration Agreements, and the Power of the “Click”

by Fisher Phillips on

How important is your businesses’ terms of service (TOS) agreement, usually presented to users of your business model through a process requiring them to click “I agree” before they can access your platform? A recent case...more

Lessons From Two Auto Dealer Arbitrations About Nonsignatories

In two recent decisions, the Alabama Supreme Court made clear that if an arbitration clause specifies it only applies to disputes between the two parties who sign the clause, that will be strictly enforced. No third party...more

Second Circuit Vacates District Court’s Confirmation Of Class Certification Award

by Carlton Fields on

The question presented was whether the arbitrator had the authority to certify a class that included absent class members, i.e., employees other than the named plaintiffs and those who have opted into the class. Finding the...more

Equifax Breach Checker – Curiosity May Have A Cost (But It’s Refundable)

by Fox Rothschild LLP on

Individuals who have received notice of a HIPAA breach are often offered free credit monitoring services for some period of time, particularly if the protected health information involved included social security numbers. I...more

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