News & Analysis as of

Alternative Dispute Resolution (ADR) Updates

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

Key California Employment Law Cases: September 2019

by Payne & Fears on

ZB, N.A. v. Super Ct. of San Diego Cty., 8 Cal. 5th 175, 252 Cal. Rptr. 3d 228 (2019) - Summary:  Employee may not recover unpaid wages under Labor Code section 558 through PAGA. Facts:  Plaintiff Lawson worked for...more

Carlton Fields

Court Enforces Arbitration Agreement Incorporated Into “Notice to Employees”

by Carlton Fields on

The U.S. District Court for the Northern District of Texas compelled arbitration in a putative Fair Labor Standards Act class action based on language in a “notice to employees” that put the plaintiffs on notice that they...more

Carlton Fields

Texas Magistrate Denies Motion for Attorneys’ Fees Incurred in Seeking Confirmation of Arbitration Award

by Carlton Fields on

The plaintiff successfully confirmed an arbitration award concerning certain franchise agreements and then sought attorneys’ fees and costs incurred in connection with its confirmation action based on the attorneys’ fees...more

Pierce Atwood LLP

Pierce Atwood Attorneys Attend Construction Industry Dispute Resolution Meeting in Washington, DC

by Pierce Atwood LLP on

Last week, John Bulman and I attended the National Construction Dispute Resolution Committee’s (NCDRC) Annual Meeting in Washington, DC. The NCDRC is an advisory committee formed by the American Arbitration Association (AAA)...more

Burr & Forman

Arbitrator: Produce Those Construction Documents . . . And Me: You Have No Authority!

by Burr & Forman on

Construction disputes often involve voluminous amounts of discovery, including documents in the hand of third parties.  And if the case is subject to arbitration, it is likely that there will be a dispute about whether the...more

Morgan Lewis

Is Mandatory Individual Arbitration Another Tool for the Plan Design Toolbox?

by Morgan Lewis on

Recent decisions by the US Court of Appeals for the Ninth Circuit have reinvigorated the debate over whether mandatory individual arbitration provisions are enforceable with respect to ERISA claims and, if so, whether these...more

Holland & Hart - Persuasion Strategies

Be “Tough and Firm” Rather than “Warm and Friendly” in Negotiations

There’s an old expression: “You can catch more flies with honey than with vinegar.” Assuming that your goal is not to actually catch flies, but instead, to get what you want in some kind of negotiation, the expression means...more

Constangy, Brooks, Smith & Prophete, LLP

Employers Need To Start Caring About Arbitrator Disclosure.

Know thy provider. (Last in a four-part series.) In Monster Energy Company v. City Beverages, LLC, the U.S. Court of Appeals for the Ninth Circuit recently vacated an arbitration decision where the arbitrator had disclosed...more

Carlton Fields

Court Vacates Arbitration Award on Grounds of Evident Partiality

by Carlton Fields on

City Beverages LLC, doing business as Olympic Eagle Distributing, and Monster Energy Co. entered into an agreement under which Monster had exclusive distribution rights for its products in a certain territory for 20 years....more

Carlton Fields

Southern District of New York Holds That Arbitrator’s Refusal to Postpone Hearing and Consider Witnesses Not “Misconduct”...

by Carlton Fields on

The petitioner moved to confirm an arbitration award, and the respondent cross-moved to vacate, claiming the arbitrator was guilty of misconduct in refusing to postpone the hearing upon the unexpected passing of a witness’...more

Hogan Lovells

Foreign Arbitral Institutions Allowed to Administer Foreign-Related Arbitrations in Shanghai Lin-Gang Pilot Free Trade Zone in...

by Hogan Lovells on

The Shanghai Municipal Bureau of Justice recently released the Administrative Measures for Business Offices Established by Overseas Arbitration Institutions in Lin-Gang Special Area of China (Shanghai) Pilot Free Trade Zone...more

Carlton Fields

Court Denies Motion to Reconsider Order Compelling Arbitration

by Carlton Fields on

Plaintiffs Kevin Struss, Struss Farms LLC, and Struss & Cook Farms brought certain tort and breach of contract claims against Rural Community Insurance Co. (RCIC) and Scott Laaveg, RCIC’s claims representative. The claims...more

Carlton Fields

SDNY Compels Arbitration Based on Severability Doctrine, Finds Fee-Shifting Clause Not Unconscionable

by Carlton Fields on

The Southern District of New York granted a motion to compel arbitration of an employment dispute between the petitioners and the respondent. The petitioners also filed a motion to dismiss or stay a concurrent proceeding that...more

Payne & Fears

Key California Employment Law Cases: August 2019

by Payne & Fears on

OTO, L.L.C. v. Kho, 8 Cal. 5th 111, 251 Cal. Rptr. 3d 714 (2019) - Summary:  Mandatory arbitration agreement may be unenforceable against employee wage claims if agreement requires employee to forego Labor Commissioner...more

Carlton Fields

Fifth Circuit Affirms Confirmation of Arbitration Ruling in Favor of Ameriprise Financial

by Carlton Fields on

The Fifth Circuit affirmed the confirmation of an arbitration ruling in favor of Ameriprise Financial Services Inc. In 2015, Ameriprise sought a temporary restraining order against Jeremy Walker, a former employee of an...more

Dentons

When do challenges for serious irregularity in arbitration succeed and what can you do to avoid them?

by Dentons on

An arbitration award can be challenged under section 68 of the English Arbitration Act 1996 (s.68) if there has been a serious irregularity that has caused or will cause substantial injustice to the applicant. It is no secret...more

JAMS

Fintech Disputes on Trial

by JAMS on

Will the Fintech revolution lead to a greater appreciation of the benefits of arbitration, and therefore its greater use, in the financial sector? Traditionally, the financial services sector has preferred to resolve its...more

Pierce Atwood LLP

The District of Massachusetts Orders that Comcast Subscribers Must Individually Arbitrate Privacy Class Action Claims

by Pierce Atwood LLP on

On November 4, 2019, in Wainblat v. Comcast Cable Communications, LLC, et. al., No. 19-cv-10976, the District of Massachusetts ordered that a consumer privacy class action against Comcast must be arbitrated on an individual...more

White & Case LLP

Why managing dispute risks in NPP projects is important

by White & Case LLP on

Understanding dispute risks inherent in all new nuclear power plant projects could go a long way in helping all involved to manage these disputes when they arise...more

Fisher Phillips

Web Exclusive - Top 13 Employment Law Stories From October 2019

by Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Bryan Cave Leighton Paisner

Halliburton v Chubb: The Future of Repeat Appointments

by Bryan Cave Leighton Paisner on

The English Supreme Court (Lord Reed, Lord Hodge, Lady Black, Lord Lloyd-Jones, and Lady Arden) has finished hearing two days of submissions in the Halliburton Company v Chubb Bermuda Insurance Limited appeal.  The core...more

Arent Fox

ICC award against a PDVSA subsidiary annulled for non-conformity with public policy of the seat of arbitration

by Arent Fox on

To protect enforceability, an arbitral award must conform to the fundamental principles of public policy in the seat of arbitration. The arbitral tribunal’s “clear and convincing evidence” standard of proving corruption...more

Latham & Watkins LLP

English High Court Confirms Costs Award Part and Parcel of Substantive Award

by Latham & Watkins LLP on

The Court’s ruling supports the general principle that costs follow the event. In Andrew Martin, Nicholas Greene, Coban 2017 LLP (formerly named Strutt & Parker LLP) v. Michael Harris [2019] EWHC 2735 (Ch), the English...more

Epiq

You Can’t Always Get What You Want

by Epiq on

Courts have consistently exercised discretion when allowing discovery in foreign proceedings under the 1782 discovery statute. A foreign tribunal or interested party in a foreign proceeding must petition the appropriate...more

Carlton Fields

Court Orders Stay of New Arbitration Over Disputed Reinsurance Billings and Compels Parties to Proceed Before a Predecessor...

by Carlton Fields on

The case involved a “second layer special casualty excess agreement of reinsurance” under which reinsurers General Reinsurance Corp. and SCOR Reinsurance Co. agreed to cover a certain amount in excess of Chicago Insurance...more

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JD Supra Privacy Policy

Updated: May 25, 2018:

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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.

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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.

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California Privacy Rights

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

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Access/Correct/Update/Delete Personal Information

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Changes in Our Privacy Policy

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Contacting JD Supra

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How We Use Cookies and Other Tracking Technologies

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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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