Non-Parties

Court Holds Non-Parties May Enforce Arbitration Agreement Even Though The General Rule Is That They Can’t

by Keith Paul Bishop | Allen Matkins Leck Gamble Mallory & Natsis... on 5/24/2013

The Financial Industry Regulatory Authority, more commonly known as FINRA, has adopted a Code of Arbitration for Customer Disputes (FINRA has a separate code for industry disputes). Under FINRA’s Customer Code, a claim by or...more

Non-Party Employer Made to Pay Costs in Restraint Litigation

by Bryan Belling, Matthew Parker | K&L Gates LLP on 5/8/2013

On 1 May 2013, the Supreme Court of New South Wales handed down judgment in HRX Pty Ltd v Scott [2013] NSWSC 451 (HRX v Scott). In doing so, the Court sent a clear message to employers about the risks associated with...more

Subpoena of AOL Senior Executive Under the "Apex Rule" Disallowed Absent Special Knowledge

by Daniel Brown | Sheppard Mullin Richter & Hampton LLP on 3/7/2013

In Daou v. Huffington, No. 651997/2010 (N.Y. Sup. Ct., N.Y. Cnty. Feb. 14, 2013), the Supreme Court (J. Ramos) granted nonparty Timothy Armstrong’s (“Armstrong”) motion to quash a subpoena served on him by political...more

REGULATORY: FERC: D.C. Circuit Affirms FERC’s Authority to Grant Mobile-Sierra Protections to Non-Contract Rates

by King & Spalding on 3/6/2013

On February 15, 2013, the U.S. Court of Appeals for the District of Columbia Circuit issued an opinion upholding the authority of the Federal Energy Regulatory Commission (“FERC”) to grant protections similar to those offered...more

Subpoenas To Non-Parties: A Few Ground Rules

by Mack Sperling | Brooks Pierce on 3/6/2013

If you are in NC state court and want to take the deposition of an out-of-state non-party, the Order last week in Out of the Box Developers, LLC v. Logicbit Corp. carries a few lessons. Serving A Subpoena. You can't...more

Treble Damages Not Assessed Against Representative Who Was Not A Party To The Contract

by Schecter Law on 3/4/2013

In Home Construction Management, LLC v. Comet, Inc., 4D11-4022 & 4D12-21 (Fla. 4th DCA 2013), Home Construction Management, LLC. (“HCM”) and representative Abraham Omer appealed a final judgment and damage award for claims...more

Burr Alert: Doctrinal Split Over Nonparty Discovery In Arbitration Continues

by Mignon Lunsford | Burr & Forman on 2/26/2013

The Federal Arbitration Act (FAA) was enacted to ensure the enforceability and validity of arbitration agreements. Through the enactment of this sweeping legislation, Congress signaled its approval of arbitration as a form of...more

Broad Federal Policy Favors Arbitration Agreements, Can Extend to Non-Parties

by Kenneth Vanko | Clingen Callow & McLean, LLC on 2/25/2013

With the Supreme Court last year strengthening the case for the arbitratrion of non-compete disputes, count me in as one who is fairly confident we're going to see businesses utilizing such clauses more in employment and...more

The Expansive Breadth and Scope of Arizona’s New Revised Uniform Arbitration Act

by Richard Herold, Benjamin Reeves | Snell & Wilmer L.L.P. on 1/18/2013

Recently, the Arizona Court of Appeals determined that under the 2010 Arizona Revised Uniform Arbitration Act, A.R.S. §12-3001, et seq. (the AZ-RUAA), a contractual agreement to arbitrate extends to: (i) arbitration of claims...more

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