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Alternative Dispute Resolution (ADR) Business Organization

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

Fire At Russian Power Plant Sparks UK Supreme Court Decision On Arbitration Agreement Law

Goodwin on

The UK Supreme Court has recently set out the principles to determine the proper law of an arbitration agreement. While it remains the case that parties are free to choose the systems of law that will govern their contract,...more

Morgan Lewis

UK Supreme Court Establishes Test to Determine Governing Law of Arbitration Agreements

Morgan Lewis on

The Court’s 9 October decision in Enka Insaat Ve Sanayi AS v. OOO “Insurance Company Chubb” (Chubb) not only ends the uncertainly that parties faced in this important question, but is also a call to action to adapt...more

NAM (National Arbitration and Mediation)

Is Mediation Conducted Through Videoconferencing Better?

Time for some good news: We already know that we can hold effective mediations online, but dare we say that videoconferencing may actually be better than in-person hearings? ...more

Nexsen Pruet, PLLC

What to Expect at Mediation

Nexsen Pruet, PLLC on

“This isn’t what I expected.” I hear that comment frequently from people that do not often participate in mediations. If you are involved in the construction industry, you will very likely have to participate in a mediation...more

Dentons

International compliance and FCA notifications: the ARCM case

Dentons on

The UK Financial Conduct Authority (FCA) has published a final notice fining Asia Research and Capital Management Ltd (ARCM) for breaches of short selling disclosure rules. Notably, this is the first time that the FCA has...more

Dentons

Changes to the Singapore Medical Council (SMC) disciplinary process

Dentons on

On 29 November 2019, the Ministry of Health (MOH) Workgroup to Review The Taking of Informed Consent and the SMC Disciplinary Process (Workgroup) issued its Report detailing various recommendations on the taking of informed...more

JAMS

Accessing Justice and Taking Control of Your Case

JAMS on

Because the court system has been largely shut down due to the pandemic, parties should be motivated to resolve their disputes themselves in a litigant-friendly setting such as a domestic mediation. Only constitutionally...more

Carlton Fields

Washington Supreme Court Declines To Intervene in Ongoing Arbitration, Finding Judicial Authority Under FAA Limited To "Gateway"...

Carlton Fields on

Evette Burgess and Lithia Motors were arbitrating an employment dispute when, during the proceedings, Burgess filed a motion with the court seeking to terminate the arbitration and to rescind the arbitration agreement. The...more

Spilman Thomas & Battle, PLLC

Ensuring the Enforceability of Electronic Arbitration Agreements in Virtual Admission Packets

With the continued risk of the spread of COVID-19 in assisted care facilities, more and more facilities are implementing a virtual admissions process. This process includes providing all of the admissions documents, including...more

Akin Gump Strauss Hauer & Feld LLP

Party Nomination of Arbitrators: Égalité of Parties and the 'Dutco Principle'

Party Nomination of Arbitrators - Parties benefit from a broad freedom in nominating arbitrators. In the context of an arbitration seated in France, the French law principle of égalité (equality) between the parties in...more

Hogan Lovells

Enka v Chubb: Supreme Court decision promotes certainty and enforceability

Hogan Lovells on

The court’s judgment also reaffirms that, where English law is the law of the seat, the English courts generally have jurisdiction to grant anti-suit injunctions to restrain breaches of the arbitration agreement, even where...more

K&L Gates LLP

The "Tribunals" and Tribulations of Section 1782: What Constitutes a "Foreign or International Tribunal?"

K&L Gates LLP on

With the continuing globalization of litigation and arbitration, counsel engaged in arbitral proceedings outside of the United States are becoming more familiar with a powerful U.S. statute: 28 U.S.C. § 1782 (titled...more

Orrick, Herrington & Sutcliffe LLP

New LCIA and ICC rule updates: increased flexibility and virtual hearings

Despite one of the perceived advantages of arbitration being the absence of overly detailed rules and strictures, there is an increasing trend amongst the more well-known arbitration institutions to keep tweaking their rules...more

Kilpatrick Townsend & Stockton LLP

SCOTUS declines review of Second Circuit ruling endorsing class arbitration

Takeaway: The concept of class arbitration has endured stiff headwinds. In Lamps Plus, Inc. v. Varella, 139 S. Ct. 1407 (2019), the Supreme Court ruled that a party cannot be required to participate in a class arbitration...more

Pierce Atwood LLP

What’s So Different About Class Action Mediation?

Pierce Atwood LLP on

The author presented the following paper at the 2020 Class Actions National Institute of the American Bar Association. What makes mediating a class action different from mediating an individual case? In both settings,...more

JAMS

Access to Justice and Lessons Learned During a Pandemic

JAMS on

Mediation can play an important role in improving access to justice during the pandemic and after. As a JAMS mediator and former federal judge for over two decades, I am mindful of the command of Rule 1 of the Federal Rules...more

Miles Mediation & Arbitration

Mediation Strategies to Overcome Bias, Prejudgments and Assumptions

One of the bedrocks of our profession is the ability to help those who are most in need, without regard to race, gender, socio-economic status or the like. In fact, the Supreme Court of Georgia has included as part of the...more

Miles Mediation & Arbitration

How does BigLaw Resolve Commercial Litigation Cases in Mediation?

The short answer to this question is “by preparing their cases thoroughly.” However, like most things in life, the true answer to resolving commercial litigation cases lies in the details...more

Miles Mediation & Arbitration

Mediation for Corporate Counsel

Most corporate counsel do not like litigation. For many, it is a distraction from the main task of keeping the company moving forward and can expose the company to reputational damage and financial loss, even if successful....more

Jaburg Wilk

What Will Happen at My Mediation?

Jaburg Wilk on

Commercial litigator Thomas Moring discusses the mediation process and how it can be a useful way to handle disputes quickly and less costly than trial. ...more

Latham & Watkins LLP

Chinese Court Decision Reinforces Need for Clear and Precise Drafting of China-Related Arbitration Agreements

Latham & Watkins LLP on

Shijiazhuang Intermediate People’s Court declares arbitration agreement providing for ICC Rules arbitration seated in China invalid. In a dispute between Hebei Zhongxing Automobile Manufacturing Co., Ltd. (HZAM), a Chinese...more

K&L Gates LLP

Second Circuit Reaffirms That Section 1782 Discovery Is Not Available In Aid of Private International Arbitration, Deepening...

K&L Gates LLP on

In July 2020, in In re Guo,1 the U.S. Court of Appeals for the Second Circuit reaffirmed that in the Second Circuit, a party may not use 28 U.S.C. § 1782 (Section 1782) to obtain documents or other discovery for use in a...more

Arent Fox

340B Entities Sue HHS Over Lack of Dispute Resolution Process

Arent Fox on

Three organizations serving primarily HIV and AIDS patients and who each are also considered “Covered Entities” under the 340B Drug Pricing Program (the Plaintiffs) filed a lawsuit against Department of Health and Human...more

World Law Group

[Webinar] Protecting Trade Secrets When Facing Lawsuits or Alternative Dispute Resolution Procedures - October 27th, 9:30 am ET

World Law Group on

Join WLG's HR Law, IP/IT, and Litigation, and Dispute Resolution groups as they discuss what companies can do to protect their Trade Secrets when it comes to lawsuits or alternative dispute settlement procedures (including...more

Dentons

At a Glance: Summary of UK temporary insolvency and enforcement restrictions as a result of COVID-19 – with expiry dates

Dentons on

Many permanent and temporary changes to insolvency laws have been made during the COVID-19 pandemic to help companies (and individuals) in financial distress. In particular the introduction of three key permanent measures: a...more

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JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

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Collection of Information

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We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

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How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

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Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
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You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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There are different types of cookies and other technologies used our Website, notably:

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JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
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Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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