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Alternative Dispute Resolution (ADR) law-news Professional Practice

Read Alternative Dispute Resolution updates, alerts, news, and commentary from leading lawyers and law firms:
Mandelbaum Barrett PC

Preventing Employee Litigation: Proactive Legal Strategies

Mandelbaum Barrett PC on

Every year, Forbes estimates a staggering 36% to 53% of small businesses are affected by business litigation. This statistic highlights the importance of taking proactive measures to set the foundation for a thriving...more

JAMS

Five Tips for Making Better Use of Outside Counsel and Mediators

JAMS on

Having served as a mediator for over 30 years, I have observed in-house counsel trying, with varying success, to manage outside counsel and others in the mediation process, including the neutral. Optimal results in mediation...more

Lathrop GPM

Michigan Federal Court Grants Motion to Dismiss Claims Against One Owner of Franchisor, Denies Motion to Dismiss Claims Against...

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A federal court in Michigan recently granted a motion to dismiss for lack of personal jurisdiction against one owner of a franchisor, while denying the motion to dismiss against the other owner and granting the franchisor’s...more

Orrick, Herrington & Sutcliffe LLP

11th Circuit enforces delegation provisions in arbitration agreements for tribal loan

On October 3, the U.S. Court of Appeals for the Eleventh Circuit reversed and remanded a decision regarding the applicability of an arbitration agreement within a loan agreement. The loan agreement included arbitration and...more

Benesch

Know Your Arbitration Clause: What Remains of State Arbitration Statutes under the Ever-Growing FAA

Benesch on

Arbitration is a prevalent method for dispute resolution, and most contracts include an arbitration clause. A recent Ohio Eighth District Court of Appeals decision emphasizes the importance of careful drafting and picking the...more

Carey Olsen

Freezing injunctions in the BVI: a recent development from England

Carey Olsen on

The recent English Court of Appeal decision in Dos Santos v Unitel SA [2024] EWCA Civ 1109 provides welcome clarification as to the test for obtaining a freezing injunction. The English Court of Appeal found that an...more

Seyfarth Shaw LLP

Effecting The EFAA: California Appellate Courts Make It Harder To Enforce Arbitration Agreements In Cases Alleging Sexual Assault...

Seyfarth Shaw LLP on

Seyfarth Synopsis: In line with recent anti-arbitration trends, the California Court of Appeal recently decided two cases – Doe v. Second Street Corp. and Liu v. Miniso Depot CA, Inc. – that apply the federal Ending Forced...more

Sheppard Mullin Richter & Hampton LLP

CFPB Permanently Bans Arbitration Company from Arbitrating Consumer Financial Disputes

On October 10, the CFPB settled an action against a California-based private arbitration company permanently banning it from arbitrating disputes related to consumer financial products or services. The company operates an...more

Farrell Fritz, P.C.

Playing Nice in the Litigation Sandbox

Farrell Fritz, P.C. on

I think it’s fair to say that Commercial Division judges have little time for discovery disputes.  If one peruses the individual practice rules of many of the ComDiv judges, one typically finds language all but prohibiting...more

Robinson+Cole Construction Law Zone

New Mexico Holds One-Sided Dispute Resolution Provisions Are Unenforceable

Dispute resolution provisions that grant one party the unilateral right to choose either litigation or arbitration to resolve disputes are common in the construction industry. The main difference between the two forums is...more

U.S. Equal Employment Opportunity Commission...

Restaurant Depot Agrees to Settle EEOC Class Sexual Harassment Case

Federal Investigation Found Store Manager Sexually Harassed Multiple Female Employees And Company Failed to Respond - SEATTLE – Jetro Holdings, LLC, a wholesale food service supplier operating under the name Restaurant...more

Jackson Lewis P.C.

California Court Exempts Entire ‘Case’ from Mandatory Arbitration Under Ending Forced Arbitration Act

Jackson Lewis P.C. on

As courts continue to work out the scope of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA), the California Court of Appeal in two decisions held that a plaintiff cannot be compelled to...more

Kohrman Jackson & Krantz LLP

What Happens When the Court That Ordered Arbitration Lacked Jurisdiction In the First Place?

Once is legally interesting, twice is a trend, and three times is a message. In the last seven years, at least three federal appeals courts (two very recently) have held, following an arbitration ordered by a district court,...more

Hudson Cook, LLP

CFPB Issues Order Against a Private Dispute Resolution Platform

Hudson Cook, LLP on

On October 10, 2024, the CFPB announced that it issued a stipulation and consent order against the Company to resolve allegations that the Company violated the CFPA....more

White & Case LLP

UEFA’s new Authorization Rules for International Club Competitions – a response to the CJEU’s ruling in the Super League case

White & Case LLP on

In June 2024, UEFA adopted its Authorisation Rules governing international football and futsal club competitions, thus responding to the European Court's ruling in the Super League case. The Authorisation Rules lay down...more

WilmerHale

Nonarbitrability and Mandatory Rules: Brothers, Not Twins

WilmerHale on

Notwithstanding the lack of clear legislative intent, Belgian judges have unilaterally prohibited the arbitration of exclusive distribution disputes, unless a specific Belgian pro-distributor statute was applied or unless...more

BCLP

Lessons from UniCredit v RusChemAlliance: What Law Governs Your Arbitration Clause?

BCLP on

The UK Supreme Court decision in UniCredit Bank v RusChemAlliance has confirmed that the English court has jurisdiction to grant an anti-suit injunction (ASI) to restrain foreign court proceedings brought in breach of a Paris...more

Mayer Brown

A Delaware Law Alert: M&A Disputes

Mayer Brown on

Two recent Delaware Superior Court opinions are essential reading for M&A practitioners drafting language with respect to how disputes related to purchase price adjustments, earnouts, and other accounting-related...more

Morrison & Foerster LLP

Singapore International Commercial Court Approves First Cross-Border Pre-Packaged Scheme of Arrangement

Over the Summer, the Singapore International Commercial Court (“SICC”) issued a landmark decision in In Re No Va Land Investment Group Corp [2024] SGHC(I) 17, authored by International Judge (and MoFo alum) James Michael...more

Mayer Brown

Navigating Arbitrator Appointments in disputes caught in geopolitical crossfire

Mayer Brown on

The international arbitration landscape has been significantly reshaped in recent years, particularly in the wake of the ongoing war in Ukraine. The surge in commercial and investor-state Russia-related disputes shows no sign...more

Cozen O'Connor

When Payments Halt Progress: Dispute Resolution Via Parenting Coordination

Cozen O'Connor on

Canadian courts encourage parents and guardians to resolve conflict other than through court intervention, but some families still need a neutral decision-maker to move forward. Enter the parenting coordinator, an alternative...more

Littler

New Developments on the Enforceability of Releases in Brazil

Littler on

In 2017, companies in Brazil welcomed changes to its labor code that introduced the option for securing enforceable releases to employment law claims. The changes to the labor code included allowing parties to seek a...more

Morrison & Foerster LLP - Social Media

Social Links: Going Back To Cali

California Governor Gavin Newsom has vetoed SB-1047. The controversial bill was intended to establish safety guidelines for artificial intelligence models and would have been the first significant piece of state AI...more

TransPerfect Legal

IBA 2024 Mexico City Takeaways for Global Construction Trends and Mediation for Construction Disputes

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What Does It Take, Is It Worth It, and What Are the Cost Implications of Alternative Dispute Resolution? The volume of disputes and associated financial fallout in global construction claims is steadily rising, indicating...more

BCLP

HK Security of Payment Bill: Government Responds to Submissions from the Public

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The Hong Kong Government received 37 submissions from the public in July 2024 regarding the Construction Industry Security of Payment Bill (“Bill”) and held discussions with deputations from different stakeholders at a LegCo...more

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