News & Analysis as of

Confidential Information Arbitrators

Proskauer - Minding Your Business

Arbitrator Awards Company $155M for Competitor’s Use of Its Confidential Information

An American Arbitration Association arbitrator recently awarded Black Knight, Inc. (BK) $155M stemming from Pennymac Loan Services, LLC’s (Pennymac) alleged use of its mortgage-loan servicing platform to develop its own...more

McGlinchey Stafford

Codes of Arbitration Procedure: FINRA Announces Amendments

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On February 6, 2024, the Financial Industry Regulatory Authority (FINRA) published Regulatory Notice 24-03, which announced certain amendments to the Codes of Arbitration Procedure (the Codes). Among those were changes to the...more

BCLP

The Arbitration Act 2024: an Aggregation of Marginal Gains

BCLP on

The Law Commission of England and Wales has concluded its review of the Arbitration Act 1996. In our International Arbitration Survey 2022, we canvased views on the potential areas for reform of the Act....more

NAM (National Arbitration and Mediation)

[Webinar] Resolving Technology Disputes Through Alternative Dispute Resolution - July 19th, 1:00 pm - 2:00 pm EST

As part of this program, our presenter will share best practices for resolving technology disputes through arbitration and mediation and will also review provisions that should be included in an arbitration clause or an...more

Cranfill Sumner LLP

Can My Arbitrator Mediate or Help Settle My Case?

Cranfill Sumner LLP on

A recent trend in discussions in the international arbitration industry involves the arbitrator’s role in suggesting settlement to the parties or even mediating the dispute. In some civil law countries, the practice of having...more

Ward and Smith, P.A.

A Primer on Mediation in North Carolina's State and Federal Courts

Ward and Smith, P.A. on

Litigation is costly, both in time and money.  Making this worse, court dockets often are backlogged, so it can take even longer—sometimes years—to resolve a lawsuit.  To save litigants and courts time and resources, most...more

JAMS

[PODCAST] JAMS Introduces Key Changes to International Arbitration Rules

JAMS on

A podcast from JAMS featuring Kim Taylor, Robert Davidson and Ranse Howell on recent changes to JAMS’ International Arbitration Rules & Procedures (Rules) and how they respond to the modern practice of ADR and the COVID-19...more

Sheppard Mullin Richter & Hampton LLP

California Court Strikes Down Overbroad Confidentiality Agreement as a de facto Non-Compete

Trade secrets and other proprietary information can be among a business’ most valuable assets and drive its competitive advantage. It is therefore ordinarily critical that employees be bound by an enforceable agreement that...more

NAM (National Arbitration and Mediation)

Med-Arb: Is It the Wave of the Future?

The New York Law Journal Alternative Dispute Resolution (ADR) Special Report - The Covid-19 pandemic has caused tremendous stress to the litigation capabilities of our court system. Jury trials have been, for the most...more

Bennett Jones LLP

Confidential Arbitrations Are Not Always Confidential

Bennett Jones LLP on

In its recent decision, Flock Estate v Flock, 2019 ABCA 194, the Alberta Court of Appeal considered the extent to which evidence and submissions proffered in an arbitration might be admissible in a related court proceeding....more

Latham & Watkins LLP

English High Court: Public Interest Outweighed Confidentiality of Arbitration

Latham & Watkins LLP on

Non-parties are entitled to obtain documents related to an arbitration if the case falls within the “interests of justice” exception. In The Chartered Institute of Arbitrators v B, C and D, the English High Court granted...more

Jones Day

Singapore Court Affirms Power of Arbitral Tribunals to Order Attorneys' Eyes Only Disclosure

Jones Day on

The Situation: In a recent application to set aside a Singapore arbitral award, the Singapore High Court considered whether a tribunal could order one of the parties to disclose certain documents only to the other party's...more

K&L Gates LLP

Arbitration World

K&L Gates LLP on

Welcome to this 35th edition of Arbitration World, a publication from K&L Gates’ International Arbitration Group that highlights significant developments and issues in international and domestic arbitration for executives and...more

Butler Snow LLP

Arbitration Agreements: Make Your Own Rules of Civil Procedure

Butler Snow LLP on

Generally, a party in litigation is constrained to follow the applicable State or Federal Rules of Civil Procedure as they navigate through each stage of the case. One of the perks of arbitration (in addition to the commonly...more

JAMS

JAMS Global Construction Solutions Newsletter, Fall 2015

JAMS on

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

Morgan Lewis

An Introductory Guide to Arbitration in Asia

Morgan Lewis on

International arbitration in Asia has seen a dramatic surge in popularity in recent times. It has grown up alongside an increase in cross-border investment within and from outside Asia. There are three key reasons for this...more

Morgan Lewis

An Introductory Guide to Arbitration in Singapore

Morgan Lewis on

With the high volume of trade and business involving Asian companies, Singapore is increasingly seen as the most attractive seat of arbitration for the reliable resolution of disputes within the Southeast Asian region. ...more

JAMS

Whistleblower Cases are Custom Tailored for ADR

JAMS on

Various state and federal statutes exist to protect and compensate employees whose employers retaliate against them after they disclose certain fraudulent practices to the employers or government agencies. These are known as...more

Mintz - Securities & Capital Markets...

Delaware Legislature Introduces Rapid Arbitration Act

The Delaware Rapid Arbitration Act, House Bill 49, was recently introduced in the Delaware General Assembly. The proposed Act would establish a streamlined arbitration procedure to resolve disputes involving Delaware business...more

Dorsey & Whitney LLP

Quirky Question #248, Is arbitration really better than court?

Dorsey & Whitney LLP on

Question: My company is considering implementing a policy of mandatory arbitration of employment disputes. Putting aside the legal considerations, is this practically a good idea?...more

Polsinelli

Delaware Program Struck Down: Independent Legal Counsel Still Best Avenue for Private Arbitration

Polsinelli on

The U.S. Supreme Court decided last Monday to not hear a case involving the State of Delaware's effort to create a state-sponsored program where sitting judges could confidentially arbitrate business disputes. Lower courts...more

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