On 13 June 2022, the U.S. Supreme Court narrowed the scope of 28 U.S.C. § 1782 (Section 1782), holding that the statute does not permit federal courts to order discovery for use in foreign private commercial arbitrations or...more
With the increasing use of arbitration clauses and agreements, courts have been required to address challenges to the enforceability of such contracts. One such situation is where one party to an arbitration agreement delays...more
In this episode, partners Jackie Celender and Lindsay Sampson Bishop, along with associate John Gavin, discuss the oral argument recently heard by the U.S. Supreme Court in Morgan v. Sundance dealing with the question of...more
In this episode, partners Lindsay Bishop, Carolyn Branthoover, and Jackie Celender, along with associate John Gavin, discuss the recent oral argument heard by the Supreme Court concerning a circuit split over two consolidated...more
The U.S. Supreme Court heard oral argument yesterday in two consolidated cases—ZF Auto. US v. Luxshare, Ltd. and AlixPartners v. The Fund for Prot. of Inv. Rights in Foreign States—on whether 28 U.S.C. § 1782 (Section 1782)...more
As the popularity and pace of international arbitration has continued to grow, parties engaged in such arbitration outside the United States have increasingly relied on 28 U.S.C. § 1782 (Section 1782) to obtain discovery in...more
Agreements to submit disputes to arbitration are commonplace, with parties attempting to avoid the time, cost, and publicity involved in litigating disputes in court. To facilitate these aims, the Federal Arbitration Act (the...more
3/1/2022
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Contract Terms ,
Dispute Resolution ,
Employment Contract ,
Fair Labor Standards Act (FLSA) ,
Federal Arbitration Act ,
Legal History ,
Mandatory Arbitration Clauses ,
Mediation ,
SCOTUS
Another industry felt the impact of coronavirus (COVID-19) on Monday, March 16, when, amid growing concerns over the spread of COVID-19, Boston Mayor Martin J. Walsh announced a two-week halt to all construction projects in...more
Many professional liability insurance policies include what are referred to as “consent-to-settle” clauses, which require an insurer to seek its insured’s consent prior to settling a covered claim. ...more