News & Analysis as of

Mandatory Arbitration Clauses Mediation

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Appeals Court Finds Employer’s Arbitration Agreement With Cost-Sharing and Out-of-State Law Provisions Unconscionable

In a recent ruling, a California appeals court found an arbitration agreement with an eyewear store employee that was presented on a take-it-or-leave-it basis required an arbitrator to apply the laws of another state,...more

Miles Mediation & Arbitration

Consider Arbitration When Mapping Out Your Resolution

There are alternatives to taking a case to trial other than mediation. Arbitration is the process of settling a dispute through a presentation to a neutral third party or panel. The decision can be either binding or...more

K&L Gates LLP

U.S. Supreme Court to Address Prejudice Requirement for Waiver of Arbitration Agreements

K&L Gates LLP on

Agreements to submit disputes to arbitration are commonplace, with parties attempting to avoid the time, cost, and publicity involved in litigating disputes in court. To facilitate these aims, the Federal Arbitration Act (the...more

NAM (National Arbitration and Mediation)

CCBJ Interview: As Alternative Dispute Resolution Grows In Popularity, Experience Is A Key Differentiator

Interview with Honorable John P. DiBlasi, J.S.C. (Ret.) of NAM (National Arbitration and Mediation) as published in the Corporate Counsel Business Journal (CCBJ) - John DiBlasi is a highly sought-after mediator and...more

Womble Bond Dickinson

Arbitration Clauses in Employee Contracts and Beyond

Womble Bond Dickinson on

Chris Fairey, General Counsel for American Residential Services, one of the nation’s largest residential and commercial heating, air-conditioning, and plumbing services companies, sits down with Mark to discuss arbitration...more

Burns & Levinson LLP

Contractually Mandated Pre-Litigation Dispute Resolution Mechanisms Are Fraught With Peril

Burns & Levinson LLP on

Your company is entering into a contract with a new business partner and everything looks rosy. As a savvy General Counsel, however, you know that even the best of situations can turn sour a few months or a few years into the...more

Butler Snow LLP

Airing Out Jury Trials

Butler Snow LLP on

As Program Chair for the 2019 DRI Products Liability Conference (February 6-8, 2019, in Austin, Texas – mark your calendars NOW), I have had the privilege of working to arrange some pretty amazing speakers and presentations....more

Bennett Jones LLP

Pumping the Procedural Brakes: Arbitration Clause Stays Potential Uber Class Action

Bennett Jones LLP on

Will an arbitration provision in a services agreement between Uber and its drivers prevent the drivers from bringing a class action for being misclassified as contractors? The Ontario Superior Court recently addressed this...more

Lewitt Hackman

FRANCHISOR 101: Injunction Bottleneck

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A restaurant franchisor, World of Beer Franchising ("WOB"), recently lost an appeal to enforce a post-termination restriction against a franchisee launching a competing business. Both the trial and appellate court ruled...more

Gray Reed

Arbitration Clause Tips

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If you decide to agree to an arbitration clause, then you should carefully consider what issues you want to address in the clause. ...more

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