News & Analysis as of

Alternative Dispute Resolution (ADR) law-news Health

Read Alternative Dispute Resolution updates, alerts, news, and commentary from leading lawyers and law firms:
Cooley LLP

UK Supreme Court Upholds Anti-Suit Injunction in Support of French Arbitration

Cooley LLP on

In UniCredit Bank GmbH v. RusChemAlliance LLC, the UK Supreme Court confirmed the general common law rule that a choice of governing law for a contract as a whole will apply to an arbitration agreement within the contract,...more

Proskauer - California Employment Law

California Inches Closer To Killing Arbitration As We Know It…

It’s not like we didn’t tell you so, cuz we did! Just last year, we predicted that the latest assault on employer arbitration rights had the potential to destroy arbitration everywhere in the country. Is Arbitration Becoming...more

Hinshaw & Culbertson - Lawyers for the...

Arbitration Clause in Attorney-Client Agreement Deemed Unenforceable Due to Lack of Informed Consent

Bryan Dick-Ipsen v. Humphrey, Farrington & McClain, P.C., et al., 2024 IL App (1st) 241043 - Brief Summary - The First District Appellate Court in Illinois affirmed the trial court's denial of a defendant law firm's motion to...more

Vinson & Elkins LLP

Guide to Arbitral Institutions and the Seat of Arbitration in Republic of Uzbekistan

Vinson & Elkins LLP on

When parties plan to resolve disputes by arbitration, there are several key considerations regarding procedure. In the third of a multi-part series, we look at two key features to consider when drafting (and applying) your...more

Rumberger | Kirk

The Virtual Shift: Navigating the New Online Construction Litigation Landscape

Rumberger | Kirk on

The landscape of construction litigation has undergone a seismic shift in recent years. Gone are the days of crowded hotel conference rooms for mediations and face-to-face depositions. Today, construction litigators find...more

Porter Hedges LLP

Owners’ Rights Pursuing Claims Directly Against Subcontractors/Vendors

Porter Hedges LLP on

In construction disputes, owners typically deal with defects within the scope of work of the subcontractor or vendor by pursuing claims directly against the general contractor. The owner, however, may consider pursuing claims...more

Foster Swift Collins & Smith

[Webinar] When Should Your Business Consider Mediation? - October 16th, 9:00 am - 9:30 am ET

Despite the common belief, not all legal action is resolved in a courtroom setting. Mediation is a form of alternative dispute resolution that can be used in most non-criminal cases, including disputes involving contracts,...more

JAMS

Mastering the Art of Construction Dispute Resolution Clauses - A neutral’s perspective on drafting ADR agreements

JAMS on

Many neutrals may assume that they have little need for skills in drafting dispute resolution clauses. If so, they are wrong. In fact, there are good reasons why all ADR participants—including the neutrals—need experience in...more

Morrison & Foerster LLP

Time to Update Your Terms – AAA and JAMS Update Mass Arbitration Rules

Finally addressing costly mass arbitration concerns, the American Arbitration Association (AAA) and Judicial Arbitration and Mediation Services (JAMS) announced major changes to their arbitration rules. The updates aim to...more

Kilpatrick

Third Circuit finds nearly six-year-old case “much ado about nothing” and dismisses appeal of order confirming arbitration award...

Kilpatrick on

As federal courts increasingly scrutinize Article III standing, class action defendants sometimes find themselves winning substantive battles but ultimately losing the standing war. That recently happened in a class action...more

A&O Shearman

UK Payment Systems Regulator Publishes Policy Statement and Guidance on the Identification of Authorized Push Payment Scams and...

A&O Shearman on

The U.K. Payment Systems Regulator has published a policy statement and draft guidance to support payment service providers in assessing whether an authorized push payment scam claim raised by a consumer is not reimbursable...more

Nelson Mullins Riley & Scarborough LLP

Don't Put Your Arbitration Award's Confidentiality At Risk

Is your unfavorable arbitration award confidential?  Probably, but only if you don't contest it. There has been a recent trend by members of the plaintiffs' bar to use the Federal Arbitration Act's confirmation process to...more

Kilpatrick

Seventh Circuit sends Menards in-store pickup fees suit to arbitration

Kilpatrick on

In September 2024, the Seventh Circuit affirmed the grant of a motion to compel arbitration in a proposed class action claiming that Wisconsin-based retailer Menards used a “deceptive bait-and-switch scheme” to charge...more

Jackson Lewis P.C.

Assembly Bill 1034: Construction Industry PAGA Exemption Extended Until 2038

Jackson Lewis P.C. on

Governor Newsom signed Assembly Bill (AB) 1034, which extends the exemption from the California Private Attorneys General Act (PAGA) for certain employees in the construction industry until January 1, 2038. This extension...more

Jenner & Block

Amendments to the English Arbitration Act on Hold

Jenner & Block on

In our September 2023 newsletter, we wrote about proposed amendments to the English Arbitration Act as it approaches its 30th anniversary. The proposed amendments were seen as very light touch, but included changes to: -...more

Husch Blackwell LLP

Scope and Enforceability of Arbitration Clauses in Florida

Husch Blackwell LLP on

In October 2023, a New York medical doctor sat down for a fateful meal with her husband and her mother-in-law at a Florida restaurant owned by the adjacent theme park. The doctor, who suffered from severe nut and dairy...more

Jenner & Block

Drafting Oversight Costs Seller $109 Million: The Save Mart Case

Jenner & Block on

On February 28, 2024, the Delaware Court of Chancery “reluctantly” confirmed an arbitrator’s award, leaving many in the private equity community surprised. This decision led to MP Seller Holdings LLC (Seller), seller of a $40...more

Stinson LLP

U.S. Supreme Court Provides Guidance on Litigation Over Arbitration Clauses

Stinson LLP on

Arbitration agreements are intended to preclude litigating disputes in court, but the U.S. Supreme Court has clarified in two recent decisions — Coinbase Inc. v. Suski and Smith v. Spizzirri — that in certain circumstances,...more

Morgan Lewis

Russia Limits Enforcement of International Arbitration Awards Rendered by ‘Unfriendly’ Arbitrators

Morgan Lewis on

The Supreme Court of the Russian Federation on 26 July 2024 issued a ruling (the 26 July Ruling) which effectively restricts enforcement of international arbitration awards against Russian parties rendered by arbitrators from...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Standard Formula: A Guide to Solvency II – Chapter 11: The Valuation of Assets and Liabilities

This chapter discusses the valuation of assets and liabilities under Solvency II. Given that strategic asset allocation and investment management are key aspects of an insurer’s business, especially for life insurers, this is...more

McGlinchey Stafford

Litigation Byte (September Edition)

McGlinchey Stafford on

Court Finds Mass Arbitration Bellwether and Delegation Provisions Unconscionable - The district court for the Northern District of California recently denied a defendant’s motion to compel arbitration and, in so ruling,...more

BCLP

Smart Contracts and the Use of Arbitration to Resolve Related Disputes

BCLP on

In recent years, technology advancement has introduced new methods for contract formation. In particular, the rise of blockchain technology has led to the emergence of “smart contracts”, which are digital contracts which...more

Dechert LLP

Dechert Cyber Bits - Issue 62

Dechert LLP on

FTC and DOJ Reach US$2.95 Million Settlement with Verkada for Alleged Violations of the FTC Act and CAN-SPAM Act - On August 30, 2024, the Federal Trade Commission (“FTC”) announced a proposed order with Verkada Inc....more

Smith Gambrell Russell

Managing Construction Disputes and Contracts in the Aftermath of Severe Weather

Smith Gambrell Russell on

As Hurricane Helene makes landfall in the Southeastern United States, contractors will be halting work on projects throughout the region while awaiting the passage of the severe weather event. When the rain and wind subside,...more

Esquire Deposition Solutions, LLC

Remote Deposition Convenience Doesn’t Defeat Forum Shopping Objections

The convenience and widespread use of remote depositions and virtual hearings will not, in seems, make it any easier for plaintiffs to choose what they believe is the most advantageous forum for litigating their cases....more

10,404 Results
 / 
View per page
Page: of 417

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide