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Miles Mediation & Arbitration

When Settlement is Dying in the Room: Seven Mediation Killers and How to Disarm Them  

While settlement is the goal at mediation, mediations do fail for a variety of reasons. After participating in countless mediations (both as a trial lawyer for thirty-five+ years, and now as the mediator for the last two), I...more

Constangy, Brooks, Smith & Prophete, LLP

A plausible sexual harassment allegation bars arbitration of other claims, court says

A single sexual harassment allegation may now be enough to keep an entire lawsuit out of arbitration. In Bruce v. Adams and Reese, LLP, a panel of the U.S. Court of Appeals for the Sixth Circuit held 2-1 that when a complaint...more

Carlton Fields

Southern District of New York Compels Arbitration in Commission Dispute

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The U.S. District Court for the Southern District of New York recently rejected a party’s efforts to avoid arbitration and granted the opposing party’s motion to compel....more

Kilpatrick

The Enforceability of Plan Arbitration Provisions under ERISA

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Are mandatory arbitration provisions with class action waivers a viable strategy for plan sponsors to address the onslaught of class action litigation involving 401(k) plans in recent years? ...more

Latham & Watkins LLP

Healthcare & Life Sciences: Drug Pricing Digest - March 2026

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Our Drug Pricing and Market Access team tracks recent developments in healthcare reform, the Medicaid Drug Rebate Program, the 340B Program, Medicare, and state law....more

Ervin Cohen & Jessup LLP

Employers Use Arbitration Awards to Preclude Private Attorneys General Act Claims

California employers are still adjusting to the post‑Adolph Private Attorneys General Act landscape, where individual claims can be compelled to arbitration while a representative PAGA claim proceeds in court. ...more

Phelps Dunbar

Sixth Circuit Holds #MeToo-Era Law Bars Arbitration of All Claims in Lawsuit

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The U.S. Court of Appeals for the Sixth Circuit issued a significant ruling interpreting the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA). This is the first time a court has held that the...more

Miles Mediation & Arbitration

How Many Matches Does It Take to Start a Fire?

During a recent mediation, plaintiff’s counsel stressed the fact that his client’s lawsuit had multiple counts and multiple claims against the defendant, reminding the opposing counsel that his success on even one count would...more

Hinshaw & Culbertson - Consumer Crossroads

Ohio Court Rules a Party Cannot Circumvent the Statutory Timeframe to Vacate an Arbitration Award

The Ohio Eighth Appellate District found that a party could not circumvent the statutory timeframe to seek to vacate an arbitration award by the use of civil rules of procedure. The decision affirms that Ohio courts have...more

Davis Wright Tremaine LLP

CA Appellate Court Upholds FAA Governed Arbitration Agreement

In a significant win for the state's employers, a California appellate court recently found that express consent to be governed by the Federal Arbitration Act (FAA) (9 U.S.C. § 1 et seq.) in an employment contract is binding...more

Morrison & Foerster LLP

UK Supreme Court Clarifies State Immunity in ICSID Award Enforcement

The recent UK Supreme Court decision in The Kingdom of Spain v Infrastructure Services Luxembourg S.À.R.L. and Border Timbers v Zimbabwe [2026] UKSC 9 marks a significant development in the enforcement of ICSID awards against...more

Marshall Dennehey

Checking the Box? Supreme Court Holds Order Compelling Arbitration is Not Immediately Appealable.

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Plaintiffs cannot avoid arbitration through premature appeals challenging the validity of an arbitration agreement. In a landmark decision, the Supreme Court of Pennsylvania, in a 6-0 opinion, recently held that a trial court...more

Thompson Coburn LLP

From Warehouse Floors to Courtroom Doors: What a Costco Case Illustrates About Settlement Agreement Drafting

Thompson Coburn LLP on

Costco and its former employee Susanna Villalobos reached a tentative settlement to end her federal lawsuit alleging workplace sexual harassment by a male colleague who allegedly asked her out on dates repeatedly. Although...more

JAMS

Lessons From the Trenches on the Divorce Process - Insights from a former judge, attorney and mediator on fear, conflict and...

JAMS on

For many years, I worked as a divorce attorney, and before that, I believed, like many people do, that divorce was primarily a legal problem—a matter of facts, filings, negotiations and outcomes. I thought that if people had...more

Hogan Lovells

Credit card complaints in the UK

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Review and objectives We reviewed a sample of credit card FOS decisions, upheld in the customers favour and upheld in the providers favour. The purpose of the analysis was to: understand weighting of customer evidence versus...more

Orrick, Herrington & Sutcliffe LLP

District court orders arbitration in cryptocurrency ATM scam dispute

On February 26, the U.S. District Court for the Southern District of Indiana granted a motion to compel arbitration and stayed proceedings in a case brought by a retired professional alleging deceptive sales practices,...more

Hogan Lovells

Resolving reinsurance conflicts: The battle of jurisdiction and arbitration in cross-border contracts

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In a recent decision, the English Court of Appeal considered the construction and effect of a hierarchy clause in reinsurance agreements. The issue arose because the Appellant, GIC Re, India, Corporate Member Ltd (GIC) had...more

Miles Mediation & Arbitration

Mediation After 20 Years on the Chancery Bench: Resolving Complex Business Disputes 

For 20 years, I ruled on a number of complex business disputes. As chancellor, I followed my personal philosophy that time is valuable, and disputes did not get better by letting time drag on. I attempted to keep the lawyers...more

Mayer Brown

High Court Re-Affirms Principle of "One-Stop" Dispute Resolution in Section 67 (Jurisdiction) Challenge to Arbitral Award

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The English High Court has dismissed a challenge under section 67 of the Arbitration Act 1996 to an ICC arbitral award, confirming that the arbitrator appointed under the settlement agreement in question had jurisdiction to...more

JAMS

Boomers to Zoomers: Generational Friction in Litigated Employment Mediations

JAMS on

Certain workplace behaviors may be interpreted very differently depending on the generation of the co-worker receiving them. What begins as a minor misunderstanding can escalate into workplace conflict or worse—litigation. By...more

Hogan Lovells

UK Supreme Court confirms that States cannot invoke sovereign immunity to prevent registration of ICSID awards in the English...

Hogan Lovells on

On 4 March 2026, the UK Supreme Court (“Court”) held that Contracting States to the ICSID Convention (“Convention”) cannot invoke sovereign immunity to prevent the registration of ICSID awards in England and Wales...more

Miles Mediation & Arbitration

The Argument for Greater Use of Non-Binding Arbitration

Recent changes in Florida law and the guidelines for judges under the Florida Rules of Judicial Administration have resulted in a significantly increased number of pending civil cases. At the same time, judges are being...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Ontario Labour Arbitration Decision Shows Proving Cannabis Impairment Is Key to Upholding Termination

A recent Ontario labour arbitration decision provides helpful guidance for employers managing cannabis use in safety-sensitive workplaces. In MSC Toronto o/a Continuous Colour Coat Limited v United Steelworkers Local 3950-65,...more

Seyfarth Shaw LLP

No Signature, No Arbitration: Fifth Circuit Sends Strong Warning to Employers

Seyfarth Shaw LLP on

In a decision that is likely to surprise many employers who have mandatory pre-dispute arbitration programs where they have obtained the unequivocal assent of their employees to arbitrate their disputes, a federal appeals...more

Knobbe Martens

Trademark & Brand Protection Update | February 2026

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While the UDRP can be a fast and cost effective way to recover domain names registered in clear bad faith, it may not succeed in disputes involving legitimate competing rights, complex business relationships, or unresolved...more

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