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Alternative Dispute Resolution (ADR) law-news Securities

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

Court Finds that Claims Under New Jersey’s Insurance Fraud Prevent Act Are Subject to Arbitration

Marshall Dennehey on

Gov’t Emps. Ins. Co. v. Mount Prospect Chiropractic Ctr., P.A., 98 F.4th 463 (3d Cir. 2024) - The court found that nothing in the text or legislative history of New Jersey’s Insurance Fraud Prevent Act (IFPA) explicitly or...more

McDermott Will & Emery

Key Takeaways | Planning Ahead for Successful Post-Death Administration

McDermott Will & Emery on

This session of the Private Client West Cost Forum 2024 discussed best avenues for family offices and their advisors to consider when managing a complex post-death administration, including steps to address and anticipate...more

A&O Shearman

UK Financial Conduct Authority Consults on Further Temporary Changes to Handling Rules for Motor Finance Complaints

A&O Shearman on

The U.K. Financial Conduct Authority has published a consultation on further temporary changes to handling rules for motor finance complaints. The FCA explains that following the Court of Appeal's recent judgment on motor...more

McDermott Will & Emery

Key Takeaways | IRS & FTB: Ultra High-Net-Worth Targets, Taxes & Tips

McDermott Will & Emery on

This session of the Private Client West Cost Forum 2024 explored the current state of audits and tax controversy and shared practical advice to prepare for challenges ahead of a contest with the IRS or Franchise Tax Board...more

Foley & Lardner LLP

New Political Decisions Pose Challenges for Foreign and Local Investors

Foley & Lardner LLP on

As the dust settles from the elections in Mexico, a new set of political decisions that have transpired in constitutional amendments pose new and major challenges for local and foreign investors with current or future...more

Pillsbury Winthrop Shaw Pittman LLP

No Longer Appealing: Why Are Contractors Filing Fewer Appeals at the ASBCA?

The Armed Services Board of Contract Appeals’ 2024 annual report reveals—yet again—the lowest number of docketed appeals in 40 years. Where have the contractor appeals gone? Contractors filed fewer appeals with the Board...more

Miles Mediation & Arbitration

“Get Laid Off with Me” on TikTok: What Employers Must Know About This New Trend

TikTok is unquestionably a modern phenomenon that features dancing, pranks, challenges, and unites the world with cat and dog videos. In the employment arena, it has also introduced the world to the ideas of “Quiet Quitting,”...more

Troutman Pepper

Will the California Supreme Court Finally Curtail the State’s Historic Hostility to Arbitration?

Troutman Pepper on

California is famously inhospitable to arbitration. In fact, the U.S. Supreme Court struck down California laws disfavoring arbitration on no fewer than six occasions between 1987 and 2022....more

A&O Shearman

Submission to arbitral tribunal for interim relief may not amount to submission on merits

A&O Shearman on

In a recent judgment, the Singapore Court of Appeal had to decide whether a party could submit to the jurisdiction of an arbitral tribunal to determine an interim application, while at the same time maintaining its...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Law Insights, Issue 11, November 2024

Welcome to our 11th issue of 2024 for our construction industry insights e-newsletter - The Site Report. In this edition, we cover a wide variety of topics of interest for those in the construction industry—from a deep dive...more

Morrison & Foerster LLP

Registration of ICSID Awards in the UK: Normal Service Resumed

Morrison & Foerster LLP on

The English Court of Appeal has clarified the position regarding the interaction between the UK’s State Immunity Act 1978 (the SIA) and the Arbitration (International Investment Disputes) Act 1966 (the “1966 Act”) (which...more

McGlinchey Stafford

Delegation Clause + Mass Arbitration Protocol = Unconscionable Arbitration Agreement

McGlinchey Stafford on

Recently, the Ninth Circuit Court of Appeals affirmed a district court’s decision finding a delegation clause in an arbitration agreement to be both procedurally and substantively unconscionable and, moreover, that...more

Bennett Jones LLP

Ontario Court of Appeal Endorses Objective Standard for Determining Arbitrator Disclosure and Disqualification

Bennett Jones LLP on

In Aroma Franchise Company, Inc. v Aroma Espresso Bar Canada Inc., 2024 ONCA 839, the Court of Appeal for Ontario confirmed that arbitrator disclosures and arbitrator disqualification under Article 12(1) of the UNCITRAL Model...more

Mayer Brown

Comprehensive Review of the functioning of Credit Derivatives Determinations Committees

Mayer Brown on

WHAT ARE DETERMINATIONS COMMITTEES AND WHY ARE THEY IMPORTANT? Credit derivative Determination Committees (DCs) are specialised regional panels which have been established to make binding decisions on issues related to...more

Blake, Cassels & Graydon LLP

Ontario Court Confirms: Rules Chosen by Arbitration Parties Govern Analysis of Arbitrator Bias

The Court of Appeal for Ontario (Court) recently issued its ruling in Aroma Franchise Company, Inc. v. Aroma Espresso Bar Canada Inc. (Aroma). The decision clarifies the law governing an arbitrator’s duty to disclose...more

Jaburg Wilk

Proper Mediation Preparation

Jaburg Wilk on

Mediation is a voluntary process where parties jointly select a neutral third-party facilitator to help reach settlement agreements for all or some of the issues in their divorce proceeding. The mediator is a private party...more

PilieroMazza PLLC

Should You Protest? Takeaways for Government Contractors from GAO’s 2024 Bid Protest Annual Report

PilieroMazza PLLC on

The Government Accountability Office (GAO) recently released its 2024 Bid Protest Annual Report (Report), providing statistics on protests, cost claims, and requests for reconsideration at GAO this year. In this blog,...more

ArentFox Schiff

Rodriguez v. Lawrence Equipment, Inc.: Employee Lacks Standing to Pursue Representative PAGA Claim After Loss in Arbitration

ArentFox Schiff on

In Rodriguez v. Lawrence Equipment, Inc., Case No. B325261 (Nov. 8, 2024), the California Court of Appeal held that an employee who loses their Labor Code claims in an individual arbitration no longer has standing to pursue a...more

Jenner & Block

Client Alert: Government Contractors Get Relief in More Than Half of GAO Bid Protests

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On November 14, 2024, the Government Accountability Office (GAO) released its Bid Protest Annual Report to Congress for Fiscal Year 2024. The statutorily mandated report contains an array of information about GAO’s bid...more

Miles Mediation & Arbitration

Business Breakups: Why Business and Commercial Cases Are Well-Suited to Mediation

Breaking up is hard to do, as the old song says, and perhaps especially so in the case of partnership breakups and business disputes. Emotion and pride can easily cloud sound business judgment and make it difficult to reach a...more

JAMS

Recent Developments in the Enforcement of ERISA Class Action Waiver and Arbitration Clauses

JAMS on

In recent months, various federal district and circuit courts have considered the enforceability of language in employer-sponsored retirement and welfare plans requiring that participants arbitrate their claims for breach of...more

Epstein Becker & Green

Quashing an Out-of-State Subpoena: No Easy Task

Epstein Becker & Green on

On October 30, 2024, in Alternative Global One, LLC v. Feingold, the New Jersey Appellate Division affirmed a trial court’s orders denying a New Jersey litigant’s motion to quash a subpoena for his deposition in underlying...more

Hicks Johnson

The 23rd Annual Energy Litigation Conference: Key Takeaways Regarding Construction Litigation Issues on Renewable Projects

Hicks Johnson on

Last week we were lucky enough to attend the Institute of Energy Law’s 23rd Annual Energy Litigation Conference in Houston, TX, and hear its unique collection of industry professionals exchange insights and address some of...more

Bradley Arant Boult Cummings LLP

Get the F*** Off My Site! Court Upholds Verbal Contract Termination

An Idaho court has confirmed an arbitration award for a general contractor who left a project and did not return after being told by the owner to “get the f*** off my site.” The case involves the construction of five...more

Farrell Fritz, P.C.

Is an LLC Bound by its Own Operating Agreement?

Farrell Fritz, P.C. on

Is a limited liability company a party to and bound by its own operating agreement? Many folks would say, “Yes, of course.” But it turns out the answer varies depending upon the law of the company’s state of...more

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