Dispute Resolution

News & Analysis as of

Diversity and Mediation

Imagine two parties locked in a bitter and acrimonious dispute that has gone through six years of hotly contested litigation. At issue are the ownership and control of at least a dozen commercial and residential properties...more

Healthcare Litigation - October 2016

Recently, California Governor Jerry Brown signed into law “surprise medical bill legislation,” seeking to curb out-of-network medical bills. This law, designated AB 72, amends California’s Health and Safety Code to limit the...more

Health Update - October 2016

Defining and Resolving the Provider Data Dilemma - Editor’s Note: Provider data drives the most fundamental processes in the healthcare system. Inaccurate provider data puts patient care and billions of dollars at risk....more

Using ADR to Streamline the Complex Case

Handling complex or “bet the company” litigation in a cost effective and timely manner is often a significant challenge for litigation counsel. These cases frequently have secondary and collateral issues that take on a...more

Diversity and Mediation

Imagine two parties locked in a bitter and acrimonious dispute that has gone through six years of hotly contested litigation. At issue are the ownership and control of at least a dozen commercial and residential properties...more

What’s Different about Energy ADR?

The energy industry is quite diverse (utilities, oil and gas explorers and producers, pipelines and more) and encounters an equally diverse number of disputes. Perhaps a difference is that the capital intensity of the energy...more

An Emerging Structure of ADR in Mass Torts and MDLs

The official statistics provided by the Judicial Panel on Multidistrict Litigation in recent years count Products Liability as nearly one quarter of all pending multidistrict litigations (MDLs), making it the largest category...more

[Webinar] Meritas Capability Webinar - Brexit The Constitutional Legal Hurdles to leaving the EU - October 26th, 9:00a.m. CDT /...

Mark will talk about the legal implications which flow from the UK's Referendum on 23 June which decided that the country should leave the European Union....more

SIAC Publishes Average Cost and Duration of Arbitrations

The study shows that SIAC arbitrations may provide faster dispute resolution than LCIA arbitrations. On 10 October, the Singapore International Arbitration Centre (SIAC) published its study on the average cost and...more

CFPB Finalizes Sweeping Prepaid Account Rule

On October 5, 2016, the Consumer Financial Protection Bureau (“CFPB”) issued its long-awaited final rule to further regulate prepaid card products, or “prepaid accounts” (the “Final Rule” or “Rule”). The Final Rule follows...more

Should You Sue Your Client or Customer?

Business owners, executives and managers are well aware of something more frustrating than rush hour traffic: clients or customers who don’t fulfill their obligations. So, what are your options? One option is to take legal...more

Top Reasons to Mediate Employment Disputes

As an employment attorney and mediator, I believe mediation is a good alternative to protracted employment litigation. Below are the top reasons why. 1. Mediation is a Voluntary Process. Unlike litigation in which...more

California Joins New York and Florida, Passes Out-Of-Network Legislation

Last month the California legislature passed AB-72, which amends the Health & Safety Code to address reimbursement for out of network (OON) providers who provide services at in-network facilities, such as hospitals and...more

Mediate or Lose Your Claim. A Salutary Reminder for Claimants in French Court and Arbitration Proceedings

In France, a failure to mediate, conciliate or even negotiate prior to initiating claim, can be a source of significant risk to a claimant in arbitration and court proceedings. Such failure can in fact be terminal for the...more

HUD Finalizes New Fair Housing Rule for Quid Pro Quo, Hostile Environment Harassment

The U.S. Department of Housing and Urban Development (HUD) has issued a final rule that creates liability for housing providers for occurrences of "quid pro quo harassment" or "hostile environment harassment." The new rule,...more

WTO Panel Report: Russia – Pigs (EU)

Decision: A WTO Panel has ruled that the Russian Federation violated its WTO obligations by imposing an EU-wide ban on live pigs and pork products, in breach of the food safety rules of the WTO Agreement on the...more

Energy Update - April 2016

We are pleased to release the latest issue of our client newsletter, Energy Update, designed to inform clients and friends of the firm about important developments affecting US and international energy markets. Please...more

Doing Business in Australia

With 25 years of uninterrupted GDP growth, a robust regulatory environment and diverse, globally competitive industries, Australia remains an exceptional place to do business. As the fourth largest economy in the...more

Traders Must Provide Information to Consumers About Alternative Dispute Resolution

As the Department for Business Innovation & Skills succinctly puts it: - Alternative dispute resolution (ADR) refers to ways of resolving disputes between consumers and traders that don’t involve going to court. The...more

Dispute Adjudication Boards: Are they the future of dispute resolution?

Contractors who are working in international markets will almost certainly have encountered the Dispute Adjudication Board ("DAB") contained in each of the FIDIC Red, Yellow, Silver and Gold Books. However, they may be left...more

Enforcing Foreign Arbitral Awards where assets are in Saudi Arabia

A recent case may represent a tangible sign that the enforcement of foreign arbitral awards in KSA has entered a new era. Saudi Arabia has recently enforced a US$18.5 million foreign arbitral award rendered under ICC Rules,...more

Board Ties Judges’ Hands In Settling Cases Directly

Seyfarth Synopsis: Overturning 25 years of precedent, the NLRB rules that an ALJ may only enter an order approving and incorporating settlement terms proposed by a respondent over the objections of the General Counsel and...more

CFPB Outlines New Proposals For Third Party Consumer Debt Collection

The Consumer Financial Protection Bureau (CFPB) in the U.S. published an outline of proposals on July 28, 2016 to govern consumer debt collection by debt collectors including third-party collection agencies, debt buyers,...more

Treating with the Enemy: Civil Collaborative Practice

If you feel sure you have been cheated by a business partner, an employee, or a contractor, your first instinct may be to file a lawsuit, in the hope that you can annihilate the person who did you wrong....more

New 340B Dispute Resolution Process: Will It Level the Playing Field?

On August 12, HRSA published a formal proposed rule regarding a 340B Drug Pricing Program administrative dispute resolution (ADR) process. HRSA’s use of the administrative rulemaking process is a rare occasion given its...more

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