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Read Alternative Dispute Resolution updates, alerts, news, and commentary from leading lawyers and law firms:
Kelley Drye & Warren LLP

CA Courts Still Reluctant to Enforce Arbitration Agreements For PAGA Claims

Courts have little leeway to avoid enforcement of an arbitration clause. Indeed, the United States Supreme Court has spilt much ink reinforcing the power and scope of the Federal Arbitration Act (“FAA”), the legislation...more

Seyfarth Shaw LLP

Prejudice will no longer be considered when deciding if a waiver of arbitration occurred; Not to worry, arbitration clauses still...

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Supreme Court held that no showing of prejudice is necessary to establish a waiver of the right to arbitrate. The validity and enforceability of arbitration agreements themselves is not affected by this...more

NAM (National Arbitration and Mediation)

[Webinar] Inside the Mind of A Mediator: Avoiding Impasse and Maximizing Outcomes in Mediation - June 6th, 5:30 pm - 6:30 pm EDT

Although mediation resolves most disputes, some mediations end in impasse. Such disappointments can usually be avoided, and positive resolutions achieved, when advocates are armed with knowledge of common mediation pitfalls...more

Bryan Cave Leighton Paisner

Failed application for setting aside an arbitral award before Hong Kong Court on the grounds of the lack of proper notice of the...

K v T ([2022] HKCFI 1194, HCCT 53/2021, 26 April 2022) was a court application made by the Respondent in the arbitration for an extension of time to set aside an arbitral award. Brief facts - The sum in dispute was...more

K&L Gates LLP

HUB Talks: Arbitration World: U.S. Supreme Court to Address Prejudice Requirements For Waiver of Arbitration Agreements

K&L Gates LLP on

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

Jones Day

Conditional Fee Arrangements Now Permitted in Singapore for SIAC Arbitrations and SICC Proceedings

Jones Day on

Features of the New CFA Framework - From 4 May 2022, lawyers in Singapore can enter into CFAs with clients for international and domestic arbitration proceedings (including arbitrations conducted under the SIAC rules) and...more

Patterson Belknap Webb & Tyler LLP

Commercial Division Permanently Stays International Arbitration

Earlier this year, in In re New York State Dept. of Health (Rusi Tech. Co., Ltd.), Albany County Commercial Division Justice Richard Platkin issued a decision to permanently stay the arbitration before the China International...more

Faegre Drinker Biddle & Reath LLP

Assessing the LCIA’s 2021 Annual Casework Report

On May 17, 2022, the London Court of International Arbitration (LCIA) released its Annual Casework Report, which provides an insight into the LCIA’s caseload in 2021. This follows statistics released by the International...more

Ulmer & Berne LLP

More Thoughts On The Age Of FINRA Arbitrators

Ulmer & Berne LLP on

Not too long ago, I wrote a piece complaining about (among other things) the fact that the potential arbitrators that FINRA rolled out to the parties in a particular arbitration I was handling skewed juuuuuuust a bit towards...more

Hogan Lovells

Las modificaciones a las Reglas del CIADI entrarán en vigor el 1 de julio de 2022

Hogan Lovells on

Conozca más sobre los cambios para mejorar la transparencia y la eficiencia en las modificaciones a las Reglas del CIADI, que entrarán en vigor el 1 de julio de 2022....more

JAMS

“My Story” Featuring Randy Choy

JAMS on

A video snapshot of JAMS mediator Randy Choy - Randy Choy joined JAMS after 43 years of practicing personal injury, family, commercial and construction litigation. His interest in mediation started early in his career and...more

JAMS

How Best to Resolve Conflicts in the Health Care Setting

JAMS on

The world of health care has changed dramatically during the past two years. It was already experiencing various pressures, and with the arrival of the COVID-19 pandemic, existing problems, like increasing costs and worker...more

Akin Gump Strauss Hauer & Feld LLP

After Viking River Cruises, Plaintiffs Will Continue to Resist Arbitration in Pending Cases

In Viking River Cruises, Inc. v. Moriana, Case No. 20-1573, the U.S. Supreme Court granted certiorari to decide whether representative claims under the Private Attorneys General Act (PAGA) may be compelled to individual...more

Akin Gump Strauss Hauer & Feld LLP

The PAGA Report Explores the Future of Private Attorney General Litigation in 'After Viking River Cruises'

In Viking River Cruises, Inc. v. Moriana, Case No. 20-1573, the U.S. Supreme Court granted certiorari to decide whether representative claims under the Private Attorneys General Act (PAGA) may be compelled to individual...more

Foley & Lardner LLP

Watch The Fine Print: Ninth Circuit Majority Opinion Requires Heightened Standards for Reasonably Conspicuous Notice of Browsewrap...

Foley & Lardner LLP on

A recent decision from the Ninth Circuit illustrates that to be enforceable, website agreement terms must be “reasonably conspicuous” and users must “manifest unambiguous assent” to those terms. In Berman v. Freedom Financial...more

Robinson+Cole Class Actions Insider

Class Action Fairness Act Does Not Override the Federal Arbitration Act, According to the Sixth Circuit

A recent Sixth Circuit decision caught my eye because it addressed an important issue on which I have not seen any other appellate decisions (and none were cited in the opinion). The plaintiff argued that the Class Action...more

Felicello Law PC

Beware Defaulting Parties in Arbitration Proceedings

Felicello Law PC on

If you represent clients in dispute resolution matters for any substantial period of time, eventually you will encounter an adversary who refuses to appear and participate in an arbitration proceeding. Perhaps this adversary...more

Constangy, Brooks, Smith & Prophete, LLP

Delay didn't defeat employer's right to arbitrate, CA appeals court says

A pleasant surprise for employers. A California appeals court ruled last week that an employer did not waive its right to arbitration -- despite the fact that the parties had been in litigation for more than 13 months...more

Felicello Law PC

You Can’t Always Get What You Want (In Federal Court)

Felicello Law PC on

We all know that federal courts are courts of limited jurisdiction. What does that mean in the arbitration context? Something new as of March 31st! Federal courts do not have stand-alone jurisdiction to hear any...more

Hogan Lovells

Arbitral Interim Measures No More Prohibited in Italy: Towards a Renewed Pro-Arbitration Attitude

Hogan Lovells on

Italy is moving towards being a more popular arbitral seat thanks to the upcoming abrogation of the legislative prohibition of provisional measures issued by arbitrators, which was considered the main factor for the scarce...more

Charles E. Rounds, Jr. - Suffolk University...

Is a trust term directing that internal trustee-beneficiary fiduciary disputes be arbitrated judicially enforceable?

A recent narrowly focused decision of the Supreme Court of Virginia holds that a trust term directing that trustee-beneficiary disputes be arbitrated is unenforceable. See Boyle v. Anderson, 871 S.E.2d 226 (Virginia 2022)....more

JAMS

Top Tips for Attorneys Representing Clients in Arbitrations

JAMS on

Planning and preparation are key components for any successful arbitration. Over the years, as a former litigator and current arbitrator, I have gleaned a number of lessons and tips that I believe will help any attorney who...more

Parker Poe Adams & Bernstein LLP

Delivery Drivers Not Excluded from Federal Arbitration Act Coverage

The Federal Arbitration Act (FAA) provides broad preemption of state laws that seek to limit the ability of employers to compel mandatory arbitration of disputes with employees. However, the FAA contains carve-outs that...more

JAMS

The Importance of AAPI Heritage Month and Why It’s the Perfect Time to Learn More

JAMS on

As the son of a Chinese restaurant owner in Seattle and a self-described food fanatic, I was intrigued when a friend suggested that I visit Las Vegas’ Chinatown on a recent trip. Las Vegas has a Chinatown? Expectations were...more

Locke Lord LLP

Scope of Transportation Worker Exemption to Federal Arbitration Act Under Review by U.S. Supreme Court

Locke Lord LLP on

Employers in the transportation and shipping industry should keep their eyes out for the Supreme Court’s decision in Southwest Airlines Co. v. Saxon, as it may clarify—or shake up—how these industries utilize arbitration...more

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

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Collection of Information

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We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

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How We Protect Your Information

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Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

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  • Your Rights
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You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

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  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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There are different types of cookies and other technologies used our Website, notably:

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JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

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Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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