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
In this episode, partners Chris Valente and Jackie Celender, along with associates Michael Creta and Peter Ayers, discuss the impact that state anti-arbitration insurance statutes have on the enforceability of international...more
5/26/2022
/ Arbitration ,
Arbitration Agreements ,
Foreign Arbitration Clauses ,
Foreign Entities ,
Insurance Industry ,
Insurance Litigation ,
International Arbitration ,
Mandatory Arbitration Clauses ,
McCarran-Ferguson Act ,
New York Convention ,
Preemption ,
Split of Authority ,
Supremacy Clause
On first glance, one might think that packaged tuna, price-fixing conspiracies, and uninjured class members have little in common. A closer look at the recent Ninth Circuit odyssey of Olean Wholesale Grocery Cooperative, Inc....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
WHAT YOU NEED TO KNOW IN A MINUTE OR LESS -
The New York Convention typically requires U.S. courts to enforce written arbitration agreements covering international disputes, including arbitration clauses in contracts with...more
What You Need to Know in a Minute or Less - When people hear “intellectual property,” they often think first of patents, trademarks, and copyrights. Trade secrets are a fourth type of intellectual property that are critical...more
The COVID-19 pandemic has caused devastating financial losses for businesses across the country. Insurers have responded with reflexive denials of coverage. In response, a growing number of jurisdictions are considering...more
The novel coronavirus (“COVID-19”) has caused severe business disruptions throughout Massachusetts. Many companies doing business in Massachusetts have been forced to indefinitely shut their doors, while others are facing...more
Businesses around the world are currently reeling from the economic impact of the coronavirus (“COVID-19”) pandemic. In an effort to mitigate the financial effects of the virus, a growing number of U.S. states have proposed...more
Colleges and universities across the country have been hit hard by the coronavirus (“COVID-19”) pandemic. In an effort to stop the spread of the virus, many higher education institutions have moved classes online, closed...more
On March 5, 2020, the U.S. District Court for the Northern District of Illinois entered a final judgment on a jury verdict of approximately $764.6 million in a high profile trade secret misappropriation case — Motorola...more
Statutory restrictions on the enforceability of non-compete agreements have gained traction over the last few years, with an unprecedented surge in 2019....more
Employers that have class- or collective-action waivers in their employee arbitration agreements (or are contemplating implementing them) need not wait much longer for the U.S. Supreme Court to decide whether such waivers are...more
Congress created the first statutory private federal cause of action for trade secret misappropriation when it enacted the Defend Trade Secrets Act (“DTSA”) on May 11, 2016. Although the DTSA has some material differences...more
The United States Supreme Court recently granted certiorari in a trio of cases—Epic Systems Corp. v. Lewis, No. 16-285; Ernst & Young LLP v. Morris, No. 16-300; and NLRB v. Murphy Oil USA Inc., No. 16-307—to decide on a...more
1/30/2017
/ Arbitration ,
Arbitration Agreements ,
Certiorari ,
Class Action ,
Class Action Arbitration Waivers ,
Collective Actions ,
Ernst & Young ,
Federal Arbitration Act ,
Mandatory Arbitration Clauses ,
Murphy Oil USA ,
NLRA ,
NLRB ,
SCOTUS