News & Analysis as of

Dispute Resolution Disclosure

Miles Mediation & Arbitration

To Lie or Not to Lie: That Is the Question

In a recent mediation, it became clear to me that one of the lawyers was not being forthright with the facts. He kept claiming that he had information that would have a major negative impact on the other side’s case. However,...more

A&O Shearman

The new product liability

A&O Shearman on

On October 10, 2024, the Council of the EU adopted the new EU Directive on Liability for Defective Products, which replaces the previously applicable Product Liability Directive of 1985, thereby fundamentally changing the...more

Conyers

Asset Tracing Services - BVI Norwich Pharmacal Orders: How to Obtain One and Key Points to Keep in Mind

Conyers on

Norwich Pharmacal orders have long been a powerful tool employed in the BVI in aiding foreign proceedings. It is also quite a welcome development that the BVI Commercial Court has confirmed that a Norwich Pharmacal order is...more

Skadden, Arps, Slate, Meagher & Flom LLP

Arbitrator Ethics and the Panama Canal Case: the Eleventh Circuit Rejects an “Evident Partiality” Challenge to an Arbitration...

Users of commercial arbitration — particularly those that employ the top institutional rules, such as those of the ICC or ICDR-AAA — have a number of basic expectations. They want their dispute to be decided by competent,...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

Core Considerations for Out-of-Network BNPL Payments

Much has been written about the Buy Now, Pay Later (BNPL) industry in the recent past. Consumers enjoy the payment flexibility and interest-free features of many BNPL products and frequently use them as a substitute payment...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

Littler

Washington State Legislature Responds to the #MeToo Movement

Littler on

Washington has adopted four new laws addressing workplace harassment and discrimination. Three prohibit limitations on an employee’s disclosure or public pursuit of discrimination or harassment claims, while the fourth...more

Mintz - Arbitration, Mediation, ADR...

An Employer’s Notice to Employees of a Mandatory Arbitration Program May be Insufficient Basis to Compel Arbitration

Arbitration is of course a creature of contract, and so a party may not be compelled to arbitrate unless it has agreed, or is deemed to have agreed, to arbitrate a dispute. An offeree may be deemed to have manifested its...more

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