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Alternative Dispute Resolution (ADR) Intellectual Property

Read Alternative Dispute Resolution updates, alerts, news, and commentary from leading lawyers and law firms:
Mayer Brown

Corporate Veil Piercing Remains Powerful Tool in New York-Seated Arbitrations

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In October 2024 an attempt by Egyptian businessman Michel Lakah to set aside a 2018 ICDR award was rejected by the United States District Court for the Southern District of New York (“SDNY”), marking what the Respondent...more

Seyfarth Shaw LLP

Arbitration Agreement Enforceable By Non-Signatory Alleged Joint-Employers

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Employees who sign an arbitration agreement with one company cannot avoid arbitration with related defendant-companies by arguing they were not parties to the agreement. The California Court of Appeal held that claims against...more

Bradley Arant Boult Cummings LLP

CBCA and ASBCA Issue 2024 Annual Reports

The Civilian Board of Contract Appeals (CBCA) recently published its annual report, providing key statistics on cases filed at and adjudicated by the CBCA in Fiscal Year (FY) 2024. Of note, the CBCA found in favor of the...more

Lewitt Hackman

Beyond the Contract: Non-Signatories to an Arbitration Agreement Can Compel Arbitration

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Departing from the ruling in Soltero v. Precise Distribution earlier this year, the California Court of Appeal in the Second District in Gonzalez v. Nowhere Beverly Hills LLC, created a split of authority regarding an alleged...more

Locke Lord LLP

Federal Government Study Shows Independent Contractor Working Arrangement Steadily ‎Increasing: November 2024 IC Legal News Update

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The most compelling news involving independent contractor compliance and misclassification last month was not a class action lawsuit or a government investigation but rather a government study released by the Bureau of Labor...more

Blake, Cassels & Graydon LLP

With Strings Attached? Alberta Court of Appeal Issues New Guidance About Whether Non-Parties to a Contract Can Be Compelled to...

In a recent decision, Husky Oil Operations Limited v. Technip Stone & Webster Process Technology Inc., the Alberta Court of Appeal provided guidance about whether a non-party to a contract can be bound to arbitrate disputes...more

Fox Rothschild LLP

Time to Update that California Arbitration Agreement for 2025

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Mandatory arbitration is legal in California. As you are updating your handbooks and other policies for 2025, don’t forget to revisit your arbitration agreement. Some key issues to look for include: •If you have an...more

Lerch, Early & Brewer

Should You Mediate Your Divorce?

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The decisions that need to be made in a divorce have far-reaching consequences, not just for the parties but for their entire family. The outcome of a divorce can impact both childhoods and old age, two of the most vulnerable...more

EDRM - Electronic Discovery Reference Model

Court Appointed a Special Master to Negotiate ESI Protocol

The Hon. James “Jay” Francis IV appointed Special Master in UMG Recordings, Inc. v. Uncharted Labs, Inc. - In UMG Recordings, Inc. v. Uncharted Labs, Inc., 2024 WL 4986962 (S.D.N.Y. Dec. 5, 2024), the parties could not agree...more

White & Case LLP

LCIA releases new EDI Guidelines for International Arbitration

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On 5 December 2024, the London Court of International Arbitration (the "LCIA") released new Equality, Diversity and Inclusion ("EDI") Guidelines (the "Guidelines") which are available here. While non-binding, the...more

MG+M The Law Firm

EPA Proposes Partial Ban on Chlorpyrifos: Navigating the Regulatory Shift for Food Producers and Consumers

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Recently, the US Environmental Protection Agency (EPA) proposed a rule to revoke most food crop tolerances for chlorpyrifos, a pesticide extensively used in agriculture. This decision comes after the US Eighth Circuit Court...more

Fox Rothschild LLP

Appeals Down, ADR Up at CBCA in 2024

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The Civilian Board of Contract Appeals (CBCA) recently posted its Annual Report for Fiscal Year 2024 (Report). In Fiscal Year 24 (FY24), Contract Disputes Act (CDA) appeals were down, while Alternative Dispute Resolution...more

Carey Olsen

Bermuda Insurance Litigation Guide 2024 (Chambers)

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Bermuda is a British Overseas Territory. The modern legal system of Bermuda is established by the Bermuda Constitution Order 1968, an Order in Council of the United Kingdom that established the Supreme Court as the primary...more

Blake, Cassels & Graydon LLP

La Cour d’appel de l’Ontario confirme la nullité de la convention d’arbitrage d’une société de crypt

La Cour d’appel de l’Ontario (la « CAO ») a rendu récemment une décision dans l’affaire Lochan v. Binance Holdings Limited (l’« affaire Lochan »), confirmant la décision de première instance selon laquelle la convention...more

Proskauer - Minding Your Business

French Supreme Court on Track to Annul a US$15 Billion Award against Malaysia

On November 6, 2024, the French Supreme Court rejected the enforcement of an interim award on jurisdiction in the legal saga opposing Malaysia to the heirs of the Sultan of Sulu and spanning several jurisdictions. The Supreme...more

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

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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

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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

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