From Court to Code: Smart Contracts and Arbitration
AGG Talks: Cross-Border Business Podcast - Episode 14: Resolving Cross-Border Conflicts Through International Arbitration
Navigating Mass Arbitration: New Rules and Strategies — The Consumer Finance Podcast
#WorkforceWednesday: Avoiding Legal Illusions - Crafting Effective Arbitration Agreements - Employment Law This Week®
Through the Lens: Advancing through adversity with a hard working and multifaceted approach - Focus on Ann Marshall
Through the Lens: From serial entrepreneur to neutral who gets deals done - Focus on Daniel Garrie
Business Disputes: Key Canadian Rulings of 2023
Do You Need an Arbitration Clause in Your Energy Contract? Pros and Cons
RICO Lawsuit Against Shein — RICO Report Podcast
Report from IMPACT 2023: Richard Davies on Collaborative Integrity in Business
RICO and Foreign Arbitration Enforcement - RICO Report Podcast
California Employment News: The State of Mandatory Arbitration Agreements in California Employment
The New Playbook for Depositions - Speaking of Litigation Podcast
3 Key Takeaways | Successful Arbitration of International Construction Disputes
Clearing the Pandemic Backlog with Special Judges | Judge John Wooldridge | Texas Appellate Law Podcast
6 Key Takeaways | Presenting Damages in International Arbitration
Identifying and Quantifying Government Contract Claims
Podcast - Finding the Balance
Podcast - A Tortured Journey with the Lying Witness
Podcast - The Four Horsemen of the Lying Witness Apocalypse
The UK Supreme Court recently handed down its judgment in UniCredit Bank GmbH v. RusChemAlliance, reaffirming the English court’s support for arbitration and for holding parties to their agreement to arbitrate. However, to...more
On 23 July 2024, a distinguished international arbitral tribunal issued a significant decision on provisional measures in Klesch Group and Raffinerie Heide v. Germany (ICSID Case No. ARB/23/49). The three arbitrators – Mr....more
The arbitration award stemmed from the pro se complaint of Joseph Ruzindana for wrongful termination against his former employer, FCA US. In the arbitration, Ruzindana claimed that he was harassed and discriminated against by...more
On October 28, 2024, the Ninth Circuit affirmed the district court’s ruling in Heckman v. Live Nation, finding Live Nation’s Ticketmaster arbitration agreement unconscionable and therefore unenforceable based on their terms...more
Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business. 4th Circuit Holds Rental Applicant Lacks Standing...more
How should parties seek and agree to ADR, and what advantages does your jurisdiction offer?...more
We previously wrote about a California federal district court decision in Heckman v. Live Nation Entertainment that denied Ticketmaster’s motion to compel arbitration of Sherman Act antitrust claims based in large part on the...more
During a recent webinar, “Dispute Resolution Considerations in Construction Contracts”, I was joined by my colleagues Chris Kolosov and Emily Anderson to discuss the dispute resolution alternatives available to parties...more
On September 10, 2024, the International Bar Association (IBA) published the Site Visit Model Protocol for International Arbitration (the Site Visit Model Protocol). This comprehensive document sets out international best...more
The Sixth Circuit recently reversed a district court’s dismissal, and order requiring arbitration of, a proposed class action alleging fiduciary breaches in connection with the Kellogg Company 401(k) plan. Fleming v. Kellogg...more
In the nonprofit sector, organizations often face unique legal challenges that require efficient and cost-effective dispute resolution mechanisms. Arbitration provisions in contracts can offer nonprofits a strategic advantage...more
Artificial Intelligence is no longer just a tool for automating mundane tasks—it’s now stepping into arenas traditionally dominated by human judgment and empathy. One of the most intriguing applications of AI is in dispute...more
The EV industry is facing multiple headwinds in 2024 including consumer pullback, but future dealmaking prospects look solid as buyers seek to safeguard future growth, with China leading the way - Dealmaking in the global...more
On September 25, 2024, the U.S. Court of Appeals for the First Circuit issued its decision in Toth v. Everly Well, Inc. Socially Aware spoke to Lawrence Gallick (of counsel in Morrison Foerster’s Austin office) about the case...more
US Case Law Update - US Supreme Court Decides That Courts, Not Arbitrators, Must Resolve Questions Over Conflicting Contracts - In May 2024, the U.S. Supreme Court issued an important ruling on the “gateway” issue of...more
Two ICSID tribunals have recently upheld Spain’s intra-European Union (EU) jurisdictional objections in two arbitrations pursuant to the Energy Charter Treaty (“ECT”). Both cases arise out of Spain’s decision to modify its...more
This September saw the publication of the International Bar Association Site Visit Model Protocol for International Arbitration, offering a framework of rules for conducting site visits in international arbitration. ...more
Arbitration clauses in home purchase agreements and warranties can be powerful tools for resolving disputes efficiently. But as highlighted in a recent Florida appellate case, Osborne v. Drees Homes of Florida, it's essential...more
In this article, we briefly outline the current landscape of mediation in Ireland and how it is increasingly a go-to tool for resolving complex disputes. What is Mediation?...more
With the widespread availability of domain registration and hosting services and the advent of low-cost generative artificial intelligence (“AI”) software, the creation of fraudulent websites has never been easier—or more...more
Nearly a century ago, and recognizing the courts’ historic hostility toward arbitration agreements, Congress, followed shortly by the California Legislature, adopted laws intended to “favor” arbitration. In recent decades,...more
Navigating employment disputes across borders presents unique challenges for employers and employees alike. Legal frameworks, cultural sensitivities and ethical considerations can vary greatly from one jurisdiction to...more
1. AN AGREEMENT TO AGREE IS UNENFORCEABLE – OR IS IT? An agreement to agree is not enforceable. For example, in a sale of goods contract, price is an essential ingredient, and if still to be agreed between the parties,...more
Avoiding Risk and Responding to It - You are cordially invited to a panel discussion with industry leaders from the energy sector, hosted by BakerHostetler's Energy, International Trade and International Arbitration and...more
Real World Impact: A recent New Jersey Superior Court decision interpreting the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) may require New Jersey employers to defend an employee’s...more