JAMS

Employment Matters Newsletter, Spring 2016

Employee versus Independent Contractor: The Latest - Courts have been dealing with the issue of whether a worker is considered an employee or an independent contractor for many years. The common law established specific…more
| Labor & Employment Law

Diversity Matters

A casual look around the room at any major mediation conference will quickly confirm that women and minorities are still significantly under represented. It may be a long slow journey to create more representative panels…more
| Alternative Dispute Resolution (ADR)

JAMS Global Construction Solutions Newsletter, Spring 2016

Spearin Lite? The Limited Implied Warranty in a Construction Management at Risk Project - We are all familiar with the Spearin doctrine: In the classic design-bid-build project delivery system, an owner furnishes stamped…more
| Alternative Dispute Resolution (ADR), Commercial Law & Contracts, Construction Law, Government Contracting

Early Mediation of Insurance Coverage Disputes

Mediation of insurance coverage disputes prior to the filing of a lawsuit is becoming more common. In part, this trend is the result of ADR provisions in insurance policies that require that the policyholder and insurer mediate…more
| Alternative Dispute Resolution (ADR), Commercial Law & Contracts, Insurance

Beware the midnight clause: Hold the champagne?

Is it time to celebrate? - It’s midnight. The champagne is on ice. It was a tough negotiation but your attorney got all the key terms you wanted. With a few finishing touches on the contract, the deal will be done and…more
| Alternative Dispute Resolution (ADR), Commercial Law & Contracts

Witnesses in Arbitration – Federal Arbitration Act

Testimony and documents may be obtained in arbitration in accordance with the parties’ agreement, the applicable institutional arbitration rules and provisions of law (federal and state arbitration acts, as applicable). My…more
| Alternative Dispute Resolution (ADR), Civil Procedure

Fees & FINRA

Following are two interesting and recent federal court rulings related to arbitration. Award of Attorney’s Fees Associated with Motion to Confirm Reversed on Appeal - Zurich American Insurance (as subrogee of Vinmar…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Civil Remedies, Commercial Law & Contracts, Finance & Banking

Make the Most of your Mediation: The Employment Case

Mediating employment disputes before legal action is filed gives parties an opportunity to settle their differences before incurring impressive attorney’s fees and expending valuable effort. Yet, it’s no easy thing to settle a…more
| Alternative Dispute Resolution (ADR), Civil Rights, Labor & Employment Law

Don’t Let Coverage Issue Delay Settlement

There are a number of steps in-house counsel can take to increase the likelihood of mediation while working with outside counsel on cases defended by carriers. Some mediations directly involve insurance, such as those…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Insurance

Achieving Workable – and Just – ADR Results in Family Law

Mediation, the ADR vehicle most commonly used in family law cases, frequently results in a final settlement – but often only after a marathon session dealing with the many important issues in the lives of family members…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Family Law

Responding to a Security Breach: Insurance

It is an otherwise normal day until you, the General Counsel, receive a call from the CIO: “We have a cyber-security breach. We’ve identified some unusual activity and it appears that data has been sent out through unknown IPO…more
| Commercial Law & Contracts, Insurance, Privacy, Science, Computers, & Technology

Uber, DirecTV and Beyond

Much of corporate America is determined to require consumers and employees to arbitrate disputes, including waiving their right to participate in class action lawsuits. …more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Labor & Employment Law

JAMS Global Construction Solutions Newsletter, Fall 2015

Reflections from the ADR Summit - GEC panelist Judge Nancy Holtz recently spoke with some of the attendees of the ABA Forum on Construction Law Fall Meeting in Austin, Texas, which included the Chair of the Forum, Harper…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Construction Law

An Update on Dilts v. Penske Logistics

In May 2015, the U.S. Supreme Court denied the petition for certiorari in Dilts v. Penske Logistics, LLC. The 9th Circuit Dilts decision had reversed the District Court’s determination that the Federal Aviation Administration…more
| Civil Procedure, Elections & Politics, Labor & Employment Law, Transportation

Technological Advances Help Resolve Disputes

The modern lawyer has a very different lexicon from her predecessors, and an entirely new array of tools for practicing law and managing the practice of law. This is the era of the Internet of Things, where Big Data is…more
| Alternative Dispute Resolution (ADR), Science, Computers, & Technology
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