The Subpoena Playbook
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Mock Jury Exercises: Enhancing Litigation Strategy in Consumer Financial Services Cases — The Consumer Finance Podcast
Building and Exiting Business Partnerships
Consumer Finance Monitor Podcast Episode: “Accidental Arbitration” -- A New Theory that Would Rein in Consumer Arbitration Clauses and the Scope of the FAA
Navigating Executive Orders: Strategies for Managing Stop Work Orders and Terminations
How Much an Arizona Divorce Will Cost
Recent Developments in California's Arbitration Landscape — FCRA Focus Podcast
Employment Law Now VIII-156 - The Art, Skill, and Strategy of Mediation
TortsCenter Podcast | Episode 7 | Fair Game: Diving into Sports ADR
AGG Talks: Cross-Border Business Podcast - Episode 14: Resolving Cross-Border Conflicts Through International Arbitration
Resolving FCRA Disputes With e-OSCAR: Insights from Joel Strickland — FCRA Focus Podcast
Through the Lens: Advancing through adversity with a hard working and multifaceted approach - Focus on Ann Marshall
What's the Tea in L&E? When Employees Refuse to Play Nicely in the Sandbox: Does it Call for a Mediator?
Work This Way: A Labor & Employment Law Podcast - Episode 2: Labor Dispute Mediations with Drew Rogers, Senior Federal Mediator with the Equal Employment Opportunity Commission, Part 2
Life After Love Gone Wrong Podcast: Season 3, Episode 3 - Understanding the Role of Parent Coordinators
One IMS: Acquisition Stories | Trial Division of Precise, Inc.
Keith Matthews and Kim Reynolds: Talking Ag Biotech Episode 6
Survey Woes: CMS Ramps Up Hospice Survey Program and Consequences
Jewish Divorce Talk: Episode 8 - Narcissism and Parental Alienation Talk
In the fourth and final post on our series on Disputes 101 we look at boilerplate provisions on: entire agreements, non-reliance, oral variation (aka oral modification) and waiver. Entire agreement and non-reliance - Entire...more
The High Court has ruled that earn-out calculations, emailed by the buyer to the sellers in relation to a share sale, were not validly communicated. Earnout calculations and notice provisions - Under an earnout provision...more
Beware of a penalty shoot-out - The rule against penalties is rooted in public policy, aiming to prevent contractual provisions that punish the breaching party rather than protecting the interests of the innocent party. The...more
The Arbitration Act 2025 (the “2025 Act”) is a welcome update to English arbitration law and one which seeks to further London’s place as a leading seat for international arbitration. The 2025 Act received Royal Assent on 24...more
On 24 February, the UK Arbitration Act 2025 received Royal Assent. The new Act introduces a series of enhancements to the Arbitration Act 1996 following a review by the Law Commission. These changes aim to ensure the UK’s...more
On 24 February 2025, the Arbitration Act 2025 received Royal Assent, bringing into effect long-touted amendments to the English Arbitration Act 1996 (the “1996 Act”). This soft-touch reform introduces several changes aimed at...more
In this Insight, first published in the March 2025 edition of the NEC Newsletter, Shy Jackson considers the topic of the “battle of the forms” in the context of a recent Scottish case, Caledonia Water Alliance v Electrosteel...more
In EE Ltd v. Virgin Mobile Telecoms Ltd, the Court of Appeal upheld the High Court’s decision that EE’s claim against Virgin was excluded under the terms of the parties’ telecommunications supply agreement. While the decision...more
Cases on Material Adverse Effect (“MAE”) clauses (also known as Material Adverse Change, or MAC, clauses) rarely come before the English courts, so there are limited English authorities on their construction. The High Court...more
The Arbitration Act 2025 introduces a small number of significant reforms designed to ensure that London maintains its status as one of the world's leading seats of international arbitration. It received Royal Assent on 24...more
The High Court’s recent decision in Djanogly v. Djanogly [2025] EWHC 61 (Ch) is a rare example of a successful challenge to an arbitration award under s.68 of the Arbitration Act 1996. It also highlights a feature of...more
While disputes can occur in any type of commercial transaction, construction contains a unique mix of “ingredients” that increase the likelihood that disputes will arise. Whereas most commercial transactions involve only a...more
If you draft contracts, you want to ensure, if there's ever a dispute, that the court agrees with your meaning. As a litigator, you will want the words to mean whatever your client wants them to mean. Either way, you need to...more
The English Commercial Court has handed down an important decision highlighting the approach adopted by the English court when there are competing jurisdiction and arbitration clauses (“Competing Clauses”) and the effect of a...more
Not everyone will be familiar with the 1994 Latham Report that advocated the use of good faith, but the government’s Construction Playbook and the equivalent private sector Trust and Productivity report are more recent...more
Entire agreement clauses are very common. This recent decision confirms their effectiveness: JMW Solicitors v Injury Lawyers 4U. Background – shareholder dispute - Some firms of solicitors, including JMW, set up a...more
Parties drafting a contract often see dispute resolution clauses as boilerplate formalities. Other times, a deal team will draft a clause without ever having to experience one tested in anger. A poorly worded clause can...more
Where two vessels were returned late by a charterer, only nominal damages were recoverable, since even if the vessels had been returned on time, the owners could not have chartered them out owing to obligations under...more
Singapore and England & Wales have longstanding reputations as arbitration-friendly jurisdictions. Where parties have entered into an arbitration agreement but one party nonetheless commences court litigation over a claim...more
The High Court in URE Energy v Notting Hill Genesis found that whether a party is aware of its termination right under a contract depends solely on the evidence and requires actual, not constructive, knowledge. However,...more
In recent years, technology advancement has introduced new methods for contract formation. In particular, the rise of blockchain technology has led to the emergence of “smart contracts”, which are digital contracts which...more
On 9 July 2024, the Supreme Court unanimously held that collateral warranties deriving from or reflective of the primary building contract, and merely promising continued construction, are not generally considered agreements...more
An article considering the Supreme Court’s decision in Abbey Healthcare, which decided that a typically worded collateral warranty is not a construction contract for the purposes of the Housing Grants, Construction and...more
While main contract suites offer standard dispute resolution clauses, these are often amended in practice. A recent case gives a warning of what happens when such bespoke provisions are not clear. Originally published by...more
In the crypto world, does it really matter where you are? Is there a sunny offshore paradise perspective on the click of a button and a fintech trade? The answer lies as usual in how to unravel a problem should it arise. Both...more