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Alternative Dispute Resolution (ADR) law-news Professional Practice

Read Alternative Dispute Resolution updates, alerts, news, and commentary from leading lawyers and law firms:
Farrell Fritz, P.C.

Playing Nice in the Litigation Sandbox

Farrell Fritz, P.C. on

I think it’s fair to say that Commercial Division judges have little time for discovery disputes.  If one peruses the individual practice rules of many of the ComDiv judges, one typically finds language all but prohibiting...more

Robinson+Cole Construction Law Zone

New Mexico Holds One-Sided Dispute Resolution Provisions Are Unenforceable

Dispute resolution provisions that grant one party the unilateral right to choose either litigation or arbitration to resolve disputes are common in the construction industry. The main difference between the two forums is...more

U.S. Equal Employment Opportunity Commission...

Restaurant Depot Agrees to Settle EEOC Class Sexual Harassment Case

Federal Investigation Found Store Manager Sexually Harassed Multiple Female Employees And Company Failed to Respond - SEATTLE – Jetro Holdings, LLC, a wholesale food service supplier operating under the name Restaurant...more

Jackson Lewis P.C.

California Court Exempts Entire ‘Case’ from Mandatory Arbitration Under Ending Forced Arbitration Act

Jackson Lewis P.C. on

As courts continue to work out the scope of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA), the California Court of Appeal in two decisions held that a plaintiff cannot be compelled to...more

Kohrman Jackson & Krantz LLP

What Happens When the Court That Ordered Arbitration Lacked Jurisdiction In the First Place?

Once is legally interesting, twice is a trend, and three times is a message. In the last seven years, at least three federal appeals courts (two very recently) have held, following an arbitration ordered by a district court,...more

Hudson Cook, LLP

CFPB Issues Order Against a Private Dispute Resolution Platform

Hudson Cook, LLP on

On October 10, 2024, the CFPB announced that it issued a stipulation and consent order against the Company to resolve allegations that the Company violated the CFPA....more

White & Case LLP

UEFA’s new Authorization Rules for International Club Competitions – a response to the CJEU’s ruling in the Super League case

White & Case LLP on

In June 2024, UEFA adopted its Authorisation Rules governing international football and futsal club competitions, thus responding to the European Court's ruling in the Super League case. The Authorisation Rules lay down...more

WilmerHale

Nonarbitrability and Mandatory Rules: Brothers, Not Twins

WilmerHale on

Notwithstanding the lack of clear legislative intent, Belgian judges have unilaterally prohibited the arbitration of exclusive distribution disputes, unless a specific Belgian pro-distributor statute was applied or unless...more

BCLP

Lessons from UniCredit v RusChemAlliance: What Law Governs Your Arbitration Clause?

BCLP on

The UK Supreme Court decision in UniCredit Bank v RusChemAlliance has confirmed that the English court has jurisdiction to grant an anti-suit injunction (ASI) to restrain foreign court proceedings brought in breach of a Paris...more

Mayer Brown

A Delaware Law Alert: M&A Disputes

Mayer Brown on

Two recent Delaware Superior Court opinions are essential reading for M&A practitioners drafting language with respect to how disputes related to purchase price adjustments, earnouts, and other accounting-related...more

Morrison & Foerster LLP

Singapore International Commercial Court Approves First Cross-Border Pre-Packaged Scheme of Arrangement

Over the Summer, the Singapore International Commercial Court (“SICC”) issued a landmark decision in In Re No Va Land Investment Group Corp [2024] SGHC(I) 17, authored by International Judge (and MoFo alum) James Michael...more

Mayer Brown

Navigating Arbitrator Appointments in disputes caught in geopolitical crossfire

Mayer Brown on

The international arbitration landscape has been significantly reshaped in recent years, particularly in the wake of the ongoing war in Ukraine. The surge in commercial and investor-state Russia-related disputes shows no sign...more

Cozen O'Connor

When Payments Halt Progress: Dispute Resolution Via Parenting Coordination

Cozen O'Connor on

Canadian courts encourage parents and guardians to resolve conflict other than through court intervention, but some families still need a neutral decision-maker to move forward. Enter the parenting coordinator, an alternative...more

Littler

New Developments on the Enforceability of Releases in Brazil

Littler on

In 2017, companies in Brazil welcomed changes to its labor code that introduced the option for securing enforceable releases to employment law claims. The changes to the labor code included allowing parties to seek a...more

Morrison & Foerster LLP - Social Media

Social Links: Going Back To Cali

California Governor Gavin Newsom has vetoed SB-1047. The controversial bill was intended to establish safety guidelines for artificial intelligence models and would have been the first significant piece of state AI...more

TransPerfect Legal

IBA 2024 Mexico City Takeaways for Global Construction Trends and Mediation for Construction Disputes

TransPerfect Legal on

What Does It Take, Is It Worth It, and What Are the Cost Implications of Alternative Dispute Resolution? The volume of disputes and associated financial fallout in global construction claims is steadily rising, indicating...more

BCLP

HK Security of Payment Bill: Government Responds to Submissions from the Public

BCLP on

The Hong Kong Government received 37 submissions from the public in July 2024 regarding the Construction Industry Security of Payment Bill (“Bill”) and held discussions with deputations from different stakeholders at a LegCo...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Total Employment and Management for Breaching Conciliation Agreement

Federal Suit Charges Staffing Agency Failed to Honor Agreement Concerning National Origin Discrimination - LONGVIEW, Wash. – Total Employment and Management (TEAM), a staffing agency based in Moses Lake, Washington,...more

Bradley Arant Boult Cummings LLP

Mistake No. 7 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Not Paying Attention to Your Arbitrator or Judge...

Helen Christakos a partner in our U.S. Privacy and Data Security practice, Tom Butcher a partner in our international Telecommunications, Media and Technology (TMT) group and Head of Middle East Communications, Technology and...more

McDonnell Boehnen Hulbert & Berghoff LLP

In re Cellect in View of Supreme Court's "Long Conference" – Part II

In view of the Supreme Court's "long conference" on September 30th, it seems timely to review the arguments, pro, con, and amicus briefs submitted to the Court asking for certiorari over the Federal Circuit's In re...more

Hogan Lovells

From default to contempt: security trustee obtains contempt ruling against Ukrainian businessmen

Hogan Lovells on

A recent judgment of the English court obtained by Madison Pacific Trust Limited, represented by Hogan Lovells, demonstrates that the English courts are prepared to exercise their substantial coercive powers against...more

BCLP

Without Prejudice Privilege: High Court Guidance on the Scope of Privilege Protection for Parties Attempting to Resolve a Dispute

BCLP on

The High Court has reaffirmed the strength of protection given to parties seeking to resolve a dispute through reliance on the ‘without prejudice’ rule during negotiations. ...more

Troutman Pepper

Fourth Circuit Affirms Denial of Motion to Compel Arbitration Finding Duty to Read a Contract Does Not Encompass Scrolling Through...

Troutman Pepper on

The U.S. Court of Appeals for the Fourth Circuit recently affirmed a district court’s decision denying a defendant’s motion to compel arbitration, underscoring the importance of clear and conspicuous notice in online...more

Paul Hastings LLP

CPR Changes Bring Mandatory ADR, From 1 October 2024

Paul Hastings LLP on

The Civil Procedure Rules (“CPR”) have been amended to reflect the Court of Appeal decision in Churchill v Merthyr Tydfil County Borough Council [2023] EWCA Civ. 141. The courts in England and Wales can now order parties to...more

Cooley LLP

UK Supreme Court Upholds Anti-Suit Injunction in Support of French Arbitration

Cooley LLP on

In UniCredit Bank GmbH v. RusChemAlliance LLC, the UK Supreme Court confirmed the general common law rule that a choice of governing law for a contract as a whole will apply to an arbitration agreement within the contract,...more

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