News and Events for Attorneys and Executives

Arbitration & Mediation

Arbitrability Basics: An Illustration of the ‘Autonomy’ Principle

Insight
When considering an arbitration clause in a contract, one must always bear in mind the “separability” or “independence” of the arbitration agreement &mdaqsh; the autonomy principle, writes Narges Kakalia for Mintz Levin.

Continue Reading »

Do You Know Who Will Decide Whether Your Next Dispute Is Subject to Arbitration?

Insight
In a client alert, Pepper Hamilton surveys the effects of incorporating an arbitration provider’s rules or common arbitration provisions on who determines questions of arbitrability.

Continue Reading »

Dissecting Common Basic Arbitration Clauses – You Can Build a Better One

Dissecting Common Basic Arbitration Clauses – You Can Build a Better One

Insight
All too often, parties to arbitration make agreements that leave the decisions on most of their options to others or to chance, warns Daniel Pascucci for Mintz Levin..

Continue Reading »

Supreme Court to Clarify Applicability of Arbitration Act to Transportation Contracts

Supreme Court to Clarify Applicability of Arbitration Act to Transportation Contracts

Insight
The case will be important for in-house and private transactional attorneys who draft contracts with transportation sector independent contractors, as well as litigators handling employee misclassification cases, according to Holland & Knight.

Continue Reading »

Long-Running Construction Defect Fight in Texas Ends With Defense Win

News
A decade-long construction defect battle involving a South Padre Island, Texas, luxury condominium complex damaged during Hurricane Dolly has been resolved in a take-nothing defense win secured by attorneys of the West Mermis law firm for the general contractor.

Continue Reading »

Claim of Fraudulent Inducement of a Construction Contract Does Not Invalidate Arbitration Clause

Insight
Pepper Hamilton LLP’s Constructlaw blog discusses an Ohio case in which a plaintiff sued a building company and attempted to have the arbitration clause in a construction contract declared unenforceable.

Continue Reading »

Sexual Harassment Roundtable: Practical Guidance for Employers

Webinar, March 1, 2018, 1 p.m. EST
Sexual harassment continues to be a significant workplace problem that has moved front and center with continuing prime-time media coverage.

Continue Reading »

‘Home Country’ Arbitration Clause More Trouble Than It’s Worth?

‘Home Country’ Arbitration Clause More Trouble Than It’s Worth?

Insight
The “home country” provision provides that the party initiating arbitration must sue the other party in its home country, explains a post by Skadden, Arps, Slate, Meagher & Flom.

Continue Reading »

On Remand, District Court Breaks New Ground by Vacating Arbitrator’s Class Certification Award

Insight
A federal district court has the authority to vacate an arbitrator’s class certification award based on the due process rights of absent class members, according to a post on the website of K&L Gates.

Continue Reading »

Employer’s Notice of Mandatory Arbitration Program May Be Insufficient to Compel Arbitration

Employer’s Notice of Mandatory Arbitration Program May Be Insufficient to Compel Arbitration

Insight
Something more is required in order to be able to infer the employee’s knowing assent to the new term of employment, the Sixth Circuit ruled.

Continue Reading »

SEC Weighs a Big Gift to Companies: Blocking Investor Lawsuits

News
Bloomberg is reporting that the SEC has privately signaled that it’s open to at least considering whether companies should be able to force investors to settle disputes through arbitration.

Continue Reading »

The Ten Arbitration Trends Of 2017

Insight
Liz Kramer, writing in Stinson Leonard Street’s Arbitration Nation blog, provides a rundown of the top 10 developments in arbitration law during the past year.

Continue Reading »

Governing Law and Jurisdiction or Forum Clauses Same Country/Different Country? How to Decide

Governing Law and Jurisdiction or Forum Clauses Same Country/Different Country? How to Decide

Insight
Contract drafters sometimes confuse governing law clauses and jurisdiction clauses, according to a post on the website of Wilk Auslander.

Continue Reading »

How Forced Arbitration and Non-Disclosure Agreements Can Perpetuate Hostile Work Environments

Insight
It is possible for state lawmakers to crack down on corporate abuse of arbitration and non-disclosure agreements, but the prospects do not seem good, writes Michelle Chen for The Nation.

Continue Reading »

A Twist in Oil Patch Arbitration

Insight
Charles Sartain of Gray Reed discusses a recent case in which parties to the sale of a business sent their dispute to accountants to arbitrate.

Continue Reading »

Segway Competitor Rolls Away from Former CEO’s Attempt to Force Arbitration

News
A former CEO presented a signed employment agreement that required arbitration, but the company contested whether it had agreed to the written contract.

Continue Reading »

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.

Continue Reading »

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.

Continue Reading »

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.

Continue Reading »

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.

Continue Reading »

image_pdfimage_print
Top