News & Analysis as of

Business Disputes

Resources for Doing Business in the United States - Installment #12 - Commercial Litigation

by Garvey Schubert Barer on

Imagine you are focused on the latest growth trends of your business, working hard to forecast where your next sales will come from. You're thinking about what new staff you will need to support that growth. While you are...more

Expect Focus - International - March 2018

by Carlton Fields on

Trends Against BITS and Investor State Dispute Resolution - In my first Expect Focus International article (http://bit.ly/2G9Demu), I suggested that investors doing business outside the United States should do so in...more

Trends Against BITS and Investor State Dispute Resolution

by Carlton Fields on

In my first Expect Focus International article, I suggested that investors doing business outside the United States should do so in countries that have entered into bilateral investment treaties (BITs) with the United States....more

Corporate law. Major Russian Legislation Changes for 2017

by Dentons on

The year 2017 was marked by a number of changes in the regulation of corporate affairs, some of which may be quite significant for Russian companies in the future....more

Receiverships: Not Just for Lenders

by Jaburg Wilk on

A receivership is an invaluable tool for managing, accounting for, marshaling, and preserving assets of whatever nature or kind. Although most often utilized by lenders, a receiver can be beneficial in any number of...more

[Webinar] Closely Held Family Business Disputes – the Law and Beyond - February 20th, 11:00am CT

by Robins Kaplan LLP on

Tuesday, February 20, 2018, 11:00 A.M. CST -- Closely held business disputes possess elements of garden-variety commercial litigation, and elements of family conflicts (even when the business is not a family business)....more

A Case Doesn't Have To Be "Complex" To Be Designated To The NC Business Court

by Brooks Pierce on

The North Carolina Business Court sent a message to all lawyers practicing in the Business Court last week in Barclift v. Martin, 2018 NCBC 5. Judge Gale said in the ruling that: The Court is publishing this Order &...more

Singapore International Arbitration Centre Proposal on Cross-Institution Consolidation Protocol

by WilmerHale on

On 19 December 2017, the Singapore International Arbitration Centre ('SIAC”) released a proposal on cross-institution cooperation for the consolidation of international arbitral proceedings. The innovative proposal envisages...more

A River’s Divide: Time for the Manhattan and Brooklyn Appellate Courts to Agree on Marketability Discount in Fair Value...

by Farrell Fritz, P.C. on

The East River and roughly five miles as the pigeon flies separate the equally beautiful courthouses of the Appellate Division, Second Department in Brooklyn and the Appellate Division, First Department in Manhattan. Because...more

From majlis to courtroom an interview with Peter Shaw

by Dentons on

Having been a leading construction and engineering lawyer and arbitrator for over 40 years, as well as a prominent figure in the UAE legal landscape for close to two decades, Dentons' Peter Shaw has witnessed the ups and...more

Controversy surrounds UAE Resolution relating to arbitrations

by Dentons on

New law fuels concern in the legal community - The UAE has spent years investing in international arbitration and has become a well-known hub for large scale disputes. The country has developed well-respected and renowned...more

An Emerging Trend: ICC Guidance Further Encourages Summary Determination of Unmeritorious Claims in International Arbitration

by White & Case LLP on

The ICC has published new guidance encouraging the use of summary procedures to determine unmeritorious claims and defences. The ICC's move is the latest in a recent trend by arbitral institutions to encourage arbitrators to...more

Alternative Dispute Resolution in England and Wales

by Hogan Lovells on

A guide to mediation and the other main types of alternative dispute resolution (ADR) in England and Wales. Please see full Publication below for more information. ...more

Chancery Declines Confidential Treatment to Nonparty’s Claimed Sensitive Business Info

by Morris James LLP on

American courts have long recognized that the public enjoys a First Amendment right of access to judicial proceedings and records. While forceful, the right is only presumptive, and the public’s interest in access may be...more

Has Rule 11-c Made Nonparties’ Yoke Easy and Burden Light When It Comes to e-Discovery?

by Farrell Fritz, P.C. on

As we have come to expect, the Commercial Division Advisory Council periodically makes recommendations to amend and/or supplement the Rules of the Commercial Division, many of which are eventually adopted following a...more

Court Defines “True Deadlock”

by Farrell Fritz, P.C. on

I’ve said it before, I’ll say it again: for professionals who dwell in the world of LLCs, whether as transactional, tax, or litigation counsel, attending the annual, two-day LLC Institute, sponsored by the LLCs, Partnerships...more

Texas Supreme Court Enforces Forum-Selection Clause In Breach Of Fiduciary Duty Case Arising From A Shareholder Agreement

by Winstead PC on

In Pinto Tech. Ventures, L.P. v. Sheldon, the Texas Supreme Court held that business tort claims, including breach of fiduciary duty, were subject to a forum-selection clause in a shareholders agreement. No. 16-0007, 2017 WL...more

Should You Mediate Your Family-Owned Business Dispute?

by Murtha Cullina on

Disputes between and among owners of family-owned businesses are sometimes unavoidable. When such disputes progress to litigation, they can be extremely costly, time-consuming, and disruptive for the business and its owners....more

Navigating Rocky Shoals and Safe Harbors When Board Members Fix Their Own Compensation

by Farrell Fritz, P.C. on

Board members’ decisions to award compensation packages for themselves can present some thorny issues. In a close corporation, shareholders typically serve as officers and directors, and have a reasonable expectation of...more

La CCI lanza nuevas reglas de Procedimiento Abreviado

by Latham & Watkins LLP on

La Cámara de Comercio Internacional ofrece un nuevo procedimiento de arbitraje más rápido, fácil y simple para disputas de menor cuantía - El pasado 1 de marzo de 2017 entró en vigor el nuevo Reglamento de Arbitraje de la...more

Incorporating By Reference In Your NC Business Court Brief? Don't Do It!

by Brooks Pierce on

If you have ever drafted a Complaint, you have undoubtedly used the words that your previous numbered allegations were "incorporated by reference." It's a way of not having to repeat yourself. That shortcut is specifically...more

The Federal Circuit Grapples With a Messy Breakup and Trademark Ownership

by Dorsey & Whitney LLP on

Last week, the U.S. Court of Appeals for the Federal Circuit provided important guidance on the standard applicable to resolving disputes over the rightful ownership of a trademark where the mark has been used by a group of...more

The ICC Launches New Expedited Procedure Rules

by Latham & Watkins LLP on

The International Chamber of Commerce offers a new procedure to provide faster, easier and streamlined arbitration for smaller disputes. On 1 March 2017, the revised International Chamber of Commerce Arbitration Rules (the...more

Litigation Alert - "L.A. Lakers Story: When a Family Feud Disrupts the Family Business"

by Porter Hedges LLP on

A family-owned business brings with it a unique set of issues and complicated family dynamics can often result in major difficulties. Sports franchises are not immune. As the NBA playoffs continue (Go Rockets!), the family...more

The Tennessee Business Court Matures From Start-Up To Growth

by Butler Snow LLP on

In 2015, to much fanfare, the Tennessee Supreme Court created the Davidson County Business Court Pilot Project (“Business Court”). Tennessee joined over half of the states in the union with the establishment of a court...more

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