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Mayer Brown

New Year, New Arbitration Act?

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The UK’s Arbitration Bill (“Bill”), which was re-introduced by the Labour government in July 2024, was presented to the House of Commons (“HC”) on 6 November 2024, having completed its passage through the House of Lords the...more

K&L Gates LLP

The Dubai Court of Cassation Restores Ability to Award Legal Costs in ICC Arbitrations

K&L Gates LLP on

Background - In February 2024, the Dubai Court of Cassation (Court of Cassation) issued a surprising decision in Case No. 821 of 2023 (Commercial), in which it upheld the Dubai Court of Appeal’s (Court of Appeal) partial...more

McGlinchey Stafford

Litigation Byte (November Edition)

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A recent opinion from a federal court in North Carolina emphasizes how difficult it is to succeed on a motion to dismiss a lawsuit arising under the FCRA. Rejecting a challenge to a plaintiff’s standing and the timeliness of...more

The Estate Lawyers

Divorce Need Not Ignite Estate Litigation, But Too Often It Does

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Certain life events demand that estate planners work with client testators to adjust their estate plans. Divorce and remarriage are at the top of that list. When matrimony devolves into acrimony – setting the stage for...more

EDRM - Electronic Discovery Reference Model

Keeping the Temperature Just Right for Effective eDiscovery Negotiations

“I’ll see you in court!” It’s the rallying cry of legal dramas, glorifying courtroom battles as the pinnacle of advocacy. In reality, however, it’s skilled eDiscovery negotiation—not trial theatrics—that most often determines...more

A&O Shearman

Mansion House: UK Financial Conduct Authority and Financial Ombudsman Service Call for Input on Modernizing the Redress System

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The U.K. Financial Conduct Authority and the Financial Ombudsman Service have launched a joint call for input on modernizing the redress system. The two main concerns of the FCA and the FOS are mass redress events and FCA-FOS...more

BCLP

Design Responsibility: The Need for Clarity

BCLP on

In this Insight, Shy Jackson and Rebecca Maxwell consider what we can learn from the case of Workman Properties Ltd v Adi Building & Refurbishment Ltd [2024] EWHC 2627 (TCC) which provides a salient reminder of the importance...more

A&O Shearman

UK Financial Ombudsman Service Publishes Feedback to Consultation on Charging Claims Management Companies and other Professional...

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The U.K. Financial Ombudsman Service published a feedback statement to its consultation on its proposals to charge fees to claims management companies and other professional representatives. The statement summarizes the...more

Husch Blackwell LLP

California District Court Compels Arbitration of Reinsurance Dispute

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A California federal district court recently compelled arbitration of a reinsurance dispute, finding that it “had little difficulty concluding that this case falls within the parties’ arbitration agreement.” Truck Insurance...more

Miles Mediation & Arbitration

The Importance of Pre-Mediation Preparation: How to Prepare your Client for Mediation

The ongoing attempts by the United States, Egypt, and Qatar to mediate the war between Hamas and Israel bring to the forefront the potential that mediation can have to resolve conflict. Yet the use of alternative dispute...more

EDRM - Electronic Discovery Reference Model

Pioneering Dispute Resolution: The New JAMS AI Rules

As artificial intelligence becomes more embedded in our daily lives, disputes involving this complex technology are on the rise. Stakeholders in disputes involving AI are particularly concerned about confidentiality of system...more

Mayer Brown Free Writings + Perspectives

SEC Investor Advisory Committee to meet on Mandatory Arbitration Clauses, Alternative Investments, and Finfluencers

The Securities and Exchange Commission’s Investor Advisory Committee (the “Committee”) will meet on Tuesday, December 10, 2024, in an open meeting, that will stream on the SEC’s website.  The Committee will first hear from...more

Miles Mediation & Arbitration

Bridge the Communication Gap: The Benefits of Having (and Being) a Bilingual Mediator

According to the U.S. Census, the number of people in this country who speak a language other than English at home has tripled in the last four decades. Now nearly 70 million people speak a language other than English at...more

Seward & Kissel LLP

Employment Litigation Roundup: November 2024

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In May 2024, two TD Bank entities (“TD Bank”) sued two former employees and their new employer Raymond James Financial Services, Inc. and one of its subsidiaries (together, “Raymond James”) in Connecticut federal court,...more

Proskauer - Labor Relations Update

Consent Orders Are Gone But Board Consent Remains…For Now

On November 26, 2024, the National Labor Relations Board’s (“NLRB” or the “Board”) General Counsel, Jennifer Abruzzo, released GC Memorandum 25-02 to all Regional Directors, Officers-in-Charge, and Resident Officers, seeking...more

Carlton Fields

SDNY Confirms Arbitration Order, Holding Order Was Final and Arbitrator Did Not Exceed Authority

Carlton Fields on

In Subway Franchise Systems of Canada ULC v. Subway Developments 2000 Inc., the U.S. District Court for the Southern District of New York addressed whether an arbitrator exceeded her authority when ordering that one of the...more

Porter Hedges LLP

Choice of Law and Federal Preemption: Why Texas Law May Not Govern Your Texas Project Despite the Home Rule Statute

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When entering into construction contracts, the question of which state’s laws will govern is a pivotal consideration. Choice of law has real-world implications for how construction disputes are resolved. Different states have...more

TNG Consulting

To Conjoin or Not to Conjoin: Title IX Complaint Analysis  

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I recently had the opportunity to be the decision-maker in two cases at a private university in California. The cases were factually and procedurally complex, which taught me some valuable lessons that I thought were worth...more

Buchalter

California Court of Appeal Holds Individual Wage and Hour Arbitration Award Precludes Subsequent PAGA Action

Buchalter on

A recent ruling in California’s Second District Court of Appeal has reaffirmed the importance of having employees sign comprehensive arbitration agreements. In Rodriguez v. Lawrence Equipment, Inc., 2024 WL 4719479, —...more

DarrowEverett LLP

[Webinar] Digital Defense: Safeguarding Your Business and Website From Privacy Act Risks - December 18th, 12:00 pm - 12:45 pm ET

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Businesses operating public-facing websites should be aware of a troubling (and potentially expensive) trend: Mass arbitration claims are being filed against site operators, with plaintiffs arguing that website operators' use...more

Cozen O'Connor

Employment Law Now VIII-156 - The Art, Skill, and Strategy of Mediation

Cozen O'Connor on

Michael Schmidt is joined by Jason Marsili of Marsili Mediation to discuss the often over-looked art and skill involved with mediation, and the important considerations for employers when determining whether, when, and why to...more

K&L Gates LLP

UAE Law on the Enforceability of Unilateral Arbitration Agreements

K&L Gates LLP on

In a recent decision dated 29 October 2024, the Dubai Court of Cassation (Court of Cassation) in Case No. 735 of 2024 (Commercial) confirmed that a unilateral (or asymmetric) arbitration agreement—an agreement which provides...more

A&O Shearman

Blood, BITs, and Arbitration: English High Court pours cold water on Czech Republic’s outstanding ss.67 and 68 challenges to...

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The judge provided further guidance on the English court’s approach to jurisdictional issues, finding on this set of facts that the UNCITRAL tribunal had properly exercised its jurisdiction in rendering its award. This post...more

A&O Shearman

Immunity objections to registration of ICSID awards rejected

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The English Court of Appeal has rejected Spain’s and Zimbabwe’s appeals against orders registering arbitration awards made against them pursuant to the Convention on the Settlement of Investment Disputes between States and...more

BCLP

Mediation and the Limits of Without Prejudice Privilege

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Mediation is a common way to resolve disputes and one of its advantages is that any discussions are undertaken on a without prejudice basis, so that parties can speak freely. Indeed, the without prejudice privilege that...more

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