News and Events for Attorneys and Executives

Arbitration & Mediation

Enforce Arbitration Agreement or Waive Right to Arbitrate Trade Secret Misappropriation Claims

Enforce Arbitration Agreement or Waive Right to Arbitrate Trade Secret Misappropriation Claims

Insight
A recent federal court ruling on arbitration offers three key lessons for plaintiff-employers, according to a post on the website of Orrick, Herrington & Sutcliffe.

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Enforcing Nursing Home Arbitration Agreements Post-Kindred

Enforcing Nursing Home Arbitration Agreements Post-<i>Kindred</i>

Insight
A recent ruling for a state supreme court may be indicative of what litigation over nursing home arbitration agreements will look like after the U.S. Supreme Court’s ruling in Kindred Nursing Centers v. Clark, according to Arbitration Nation.

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A Lesson from the 3rd Circuit on Arbitration Clauses: Say What You Mean

Insight
A recent decision by the United States Court of Appeals for the Third Circuit is a reminder that – for an arbitration clause to apply in certain situations or to certain parties – that intention must be built into the plain terms of the contract.

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Senate Kills Rule On Class-Action Suits Against Financial Companies

Senate Kills Rule On Class-Action Suits Against Financial Companies

News
Vice President Pence cast the tie-breaking vote to rollback the Consumer Financial Protection Bureau rule banning restrictive mandatory arbitration clauses found in the fine print of credit card and checking account agreements.

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Will the Supreme Court End Employment Contract Arbitration Clauses?

Will the Supreme Court End Employment Contract Arbitration Clauses?

Insight
The relevant cases being considered are from the 5th Circuit, which found the arbitration clause did not violate the NLRA, and the 7th and 9th circuits, which found similar clauses unenforceable.

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Just How Broad is That Arbitration Clause in Your Transportation Contract?

Just How Broad is That Arbitration Clause in Your Transportation Contract?

Insight
Holland & Knight’s Transportation Blog covers a case of first impression that presents a reminder to companies to review their arbitration clauses and confirm if they are drafted properly.

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Trump’s Impact Felt in Supreme Court Labor Rights Cases

News
When the Supreme Court opens its 2017 term on the first Monday in October, its very first cases will serve as a stark reminder of why elections matter, predicts USA Today.

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Landmark Second Circuit Ruling Clarifies the Standards for Mobile Contracts

Landmark Second Circuit Ruling Clarifies the Standards for Mobile Contracts

Insight
A recent ruling clarifies the standards for contract formation in the age of smartphones and mobile contracting, providing important guidance to companies about how to design enforceable mobile contracts, reports Coblentz Patch Duffy & Bass.

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Construction Contracts and Arbitration Provisions: Is the Word “May” Mandatory? Maybe!

Insight
the Supreme Court of Virginia held that the parties’ use of the word “may” in the dispute resolution provisions of their construction contract required mandatory participation in arbitration at the election of one of the parties.

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No Signature? No Problem! Enforcing Arbitration Even Without Everyone Signing

Insight
California courts are often hostile toward defendants that seek to require litigious employees to honor their arbitration agreements, warns Michael Wahlander of Seyfarth Shaw.

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What In-House Counsel Need To Know About Their Form Arbitration Clauses

Insight
Because the arbitration clause in a commercial contract is so critical, careful review of that clause surely must be a component of an enterprise’s risk analysis, according to Mintz Levin’s ADR: Advice From the Trenches blog.

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Has the Era of the Consumer Class Action Waiver Passed?

Insight
As a result of a rule imposed by the Consumer Financial Protection Bureau, consumer contracts entered into after March 19, 2018, with a wide range of consumer financial services companies will need to be revised in regard to their agreements’ arbitration clauses.

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11th Circuit Holds Arbitrators Have Venue-Setting Authority in International Arbitrations

11th Circuit Holds Arbitrators Have Venue-Setting Authority in  International Arbitrations

Insight
Alston & Bird asks and answers the question: In an international arbitration, when an arbitration provision is ambiguous about the seat of the arbitration, who resolves the question?

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Republicans Introduce Bills to Scrap New Bank Arbitration Rule

News
The new Consumer Financial Protection Bureau rule would ban banks and other financial institutions from forcing arbitration clauses on customers to prevent them from bringing or joining class-action suits, reports The Los Angeles Times.

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Should I Have an Arbitration Clause in My Construction Contract?

Insight
Paul W. Norris of Stark & Stark writes there are numerous factors to consider in determining whether mandatory arbitration is the preferred dispute resolution mechanism, or whether the state court system is preferred.

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CFPB Hits Back at Efforts to Kill Rule Easing Bank Lawsuits

CFPB Hits Back at Efforts to Kill Rule Easing Bank Lawsuits

News
Under the new rule, financial firms are restricted from forcing consumers to resolve their disputes through arbitration, a practice that has been used by the industry for years to keep grievances tied to payday loans, credit cards and other products out of courts, reports Bloomberg.

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Consumer Watchdog Makes It Easier to Sue Banks and Other Companies

Consumer Watchdog Makes It Easier to Sue Banks and Other Companies

News
The government’s consumer watchdog has finalized a rule that will make it easier for people to challenge financial companies in court, reports The Washington Post.

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Post M&A Disputes: Breach of Indemnification Clauses in M&A Contract

Insight
Baker McKenzie’s Global Arbitration News has posted an article discussing the difficult questions raised in both substantive and procedural law by indemnification clauses in share purchase agreements. 

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Drafting and Negotiating IP & IT Provisions in M&A Transactions

Drafting and Negotiating IP & IT Provisions in M&A Transactions

Event, June 28, 2017, 1 p.m. EDT
Practical Law will present a free 75-minute webinar discussing IP and information technology considerations in drafting and negotiating M&A agreements.

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Tips for Drafting Arbitration Clauses in Smart Contracts

Insight
While arbitration may be a preferable alternative to court for smart contract disputes, it doesn’t happen on its own – it typically requires a properly drafted arbitration clause, notes Steptoe & Johnson’s Blockchain Blog.

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