News & Analysis as of

Disclosure Arbitration

Bradley Arant Boult Cummings LLP

Grounds for Vacating an Arbitration Award Remain Extremely Limited

The Eleventh Circuit Court of Appeals issued a decision last week upholding an arbitral award, despite the failure of the arbitrators to make certain pertinent disclosures. The case involves an international arbitration...more

Jenner & Block

English Court Thwarts Spain’s Latest Attempt to Resist Enforcement of ECT Awards

Jenner & Block on

Some readers will be familiar with the many claims made against Spain for the alleged violation of its obligations to foreign investors under the Energy Charter Treaty (the ECT). In May 2023, the English Commercial Court...more

Spilman Thomas & Battle, PLLC

Plaintiffs Pursuing Increased Class Action Claims for Overdraft Fees and Charges Against Customers

With plaintiff attorneys seeing potential large dollar settlements and verdicts, along with increased regulatory scrutiny, banks need to review their overdraft practices. As noted by the American Bankers Association, banks...more

Morrison & Foerster LLP

Hong Kong Arbitration Week Recap: Implications of PRC’s Evolving Data Protection Laws in International Arbitration

Morrison & Foerster LLP on

On the first day of Hong Kong Arbitration Week 2022, Morrison Foerster hosted a hybrid panel on “Implications of PRC’s Evolving Data Protection Laws on Disclosure and Participation of PRC Parties in International...more

Verrill

Is it Ruff To Run an Internet Currency Sweepstakes?

Verrill on

Last month, a class action lawsuit was dismissed, in part, against plaintiffs who opted into Coinbase Global’s $1.2 Dogecoin sweepstakes. Dogecoin is an open source peer-to-peer digital currency (say that twice), with a cute...more

Goodwin

Litigation Insights - July 2021

Goodwin on

FOREWORD - On behalf of the new and expanding Goodwin London litigation team I am delighted to welcome you to our first ever ‘Litigation Insights’: a series of quarterly updates on important and interesting developments...more

Pillsbury Winthrop Shaw Pittman LLP

How Scared Should We Be? Arbitrator Disclosure and Award Enforceability in the Wake of Monster Energy

Ninth Circuit’s interpretation of Federal Arbitration Act may lead to many efforts to have arbitration awards thrown out. The Ninth Circuit’s decision in Monster Energy Co. v. City Beverages, LLC—and the U.S. Supreme...more

Troutman Pepper

The Nuts And Bolts Of Local Practice In The Eastern District Of Michigan (Part 3): A Guide To Practicing In The U.S. District...

Troutman Pepper on

A civil jury trial is a risky proposition in any court, state or federal. To manage that risk, it is usually in each party’s interest to engage in some form of alternative dispute resolution, or ADR. Knowledge of the local...more

Epstein Becker & Green

Maryland Enacts New Sexual Harassment Law

Epstein Becker & Green on

On May 15, 2018, Maryland Governor Lawrence Hogan approved new legislation intended to respond to the #MeToo movement. Effective October 1, 2018, the “Disclosing Sexual Harassment in the Workplace Act of 2018” (“Act”)...more

Carlton Fields

Two Federal Appellate Courts Decline To Find “Evident Partiality” Due To Trivial Omissions In Arbitrator’s Disclosures

Carlton Fields on

In two separate appellate decisions, two circuit courts of appeal declined to overturn orders enforcing arbitration awards where the appellants had challenged the respective awards based on “evident partiality” under the FAA....more

Jones Day

Singapore Court Affirms Power of Arbitral Tribunals to Order Attorneys' Eyes Only Disclosure

Jones Day on

The Situation: In a recent application to set aside a Singapore arbitral award, the Singapore High Court considered whether a tribunal could order one of the parties to disclose certain documents only to the other party's...more

Carlton Fields

Eighth Circuit Upholds Arbitral Immunity In Challenge To AAA’S Removal Of Arbitrator

Carlton Fields on

Owens, a terminated CEO, engaged in a AAA arbitration with his former company before a three-member panel. In the course of the proceeding, the company sought to remove an arbitrator for making an incomplete disclosure...more

Carlton Fields

Court Partially Allows Post-Proceeding Modification Of Protective Order For Documents Sought In Arbitration

Carlton Fields on

A federal district court dealt with a novel approach where parties to an arbitration wanted to gain access to documents from a previous proceeding. The original case before the court pitted one plaintiff against three...more

K&L Gates LLP

Franchising Update

K&L Gates LLP on

While dispute resolution clauses may be straightforward for domestic franchise agreements as a result of the Franchising Code, dispute resolution clauses can be one of the most neglected provisions in international master...more

Goodwin

Business Litigation Reporter October 2015

Goodwin on

Goodwin Procter’s Business Litigation Reporter provides timely summaries of key cases and other developments within dedicated Business Litigation sessions and related courts throughout the country – courts within which...more

Fisher Phillips

Can I Get A Witness (Or At Least A Witness Statement)? NLRB Rules Witness Statements Are Now Fair Game

Fisher Phillips on

For over 35 years, the National Labor Relations Board (NLRB) held that witness statements obtained by unionized employers during pre-arbitration investigations were exempt from disclosure to the union. However, on June 26,...more

Mintz - Employment, Labor & Benefits...

NLRB Removes Blanket Exemption on Mandatory Disclosure for Witness Statements. What’s an Employer To Do?

The NLRB recently reversed 37 years of precedent in deciding to adopt a new standard for a union’s access to witness statements taken in pre-grievance arbitration employer investigations. For years, under the blanket...more

Manatt, Phelps & Phillips, LLP

FINRA: Firms Should Not Restrict Whistleblower Rights

Why it matters - In a new regulatory notice, the Financial Industry Regulatory Authority (FINRA) reminded regulated firms not to prohibit the exercise of whistleblower rights in settlement agreements with employees and...more

Akerman LLP - HR Defense

Failure to Disclose Procedures Dooms Arbitration Agreement

Akerman LLP - HR Defense on

As a general rule, courts will uphold agreements that require employees to arbitrate their employment disputes. But an employer seeking to compel arbitration must show that the employee signed a valid written arbitration...more

19 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide