News and Events for Attorneys and Executives

Arbitration & Mediation

Arbitration Award Overturned Because Arbitrator Impersonated Lawyer

News
The Ninth U.S. Circuit Court of Appeals overturned an arbitration award in a multimillion-dollar investment case Friday because the lead arbitrator impersonated a California attorney — something he did in dozens of cases before being exposed, the San Francisco Chronicle reports.

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Arbitration Provisions in Employment Agreements: The Pros and Cons

Arbitration Provisions in Employment Agreements: The Pros and Cons

Insight
Deciding whether to include an arbitration provision in an employment agreement requires thorough consideration based upon an employer’s individual circumstances, according to a post in Trenam Law’s Employment Law Update.

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Three Tips for Writing Effective Arbitration Clauses

Three Tips for Writing Effective Arbitration Clauses

Insight
A well-drafted arbitration provision can save companies from expensive and time-consuming class litigation, two defense attorneys say in a report published by Bloomberg BNA.

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Class-Action Attorneys Awarded $555.2 Million for Work in BP Suits

Class-Action Attorneys Awarded $555.2 Million for Work in BP Suits

News
U.S. District Judge Carl Barbier pointed out that award represents about 4.3 percent of the estimated $13 billion that BP is expected to pay under the ongoing settlements, reports The Times-Picayune.

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Arbitration Clauses in Consumer Contracts: Is There Change Afoot?

Arbitration Clauses in Consumer Contracts: Is There Change Afoot?

Insight
Many state and federal government representatives, judges, politicians, and interest groups have been speaking up about arbitration, and some have publicly pulled away from upholding universal “forced arbitration,” according to an article posted by Newsome Melton.

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Ethics Issues in International Arbitration

Event, Oct. 6, 1 p.m. EDT
Practical Law will present a webinar titled “Ethics Issues in International Arbitration” on Thursday, Oct. 6, at 1-2:30 p.m. EDT.

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Wells Fargo Customers May Never See Their Day in Court, Experts Say

Wells Fargo Customers May Never See Their Day in Court, Experts Say

News
Mandatory arbitration contract clauses may protect the bank from class-action suits brought by customers who had bank or credit card accounts opened in their names without their knowledge, reports NBC News.

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When Arbitration Is Favored Despite USERRA Violations

Insight
The Eleventh Circuit found in Bodine v. Cook’s Pest Control Inc. that an arbitration agreement in an employment contract is enforceable despite the fact that certain provisions of the arbitration agreement violate the Uniform Services Employment and Reemployment Rights Act of 1994 (USERRA).

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How to Write an Arbitration Clause for Offshore Outsourcing Deals

How to Write an Arbitration Clause for Offshore Outsourcing Deals

Insight
Incorporating an effective arbitration clause into international outsourcing contracts is critical, writes Stephanie Overby for CIO magazine.

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Circuit Split Widens Over Enforceability of Arbitration Agreements Containing Class/Collective Action Waivers

Insight
Polsinelli shareholder James C. Sullivan writes about how unsettled the law is on employer/employee arbitration provisions containing class/collective action waivers.

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Patent Infringement Claim Exempts Related Counterclaims from Mandatory Arbitration

Patent Infringement Claim Exempts Related Counterclaims from Mandatory Arbitration

Insight
The U.S. Court of Appeals for the Federal Circuit determined that a defendant’s breach of contract counterclaims were related to the plaintiff’s patent infringement claims and thus were exempt from compulsory arbitration under the supply agreement. reports Andrea Coronado for McDermott Will & Emery.

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U.S. Appeals Court Strikes Down Ernst & Young Class Action Waiver

News
The court found that the arbitration agreement violated the National Labor Relations Act by making workers arbitrate work-related claims as individuals in separate proceedings.

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Arbitration Saves Money and Patents in International Disputes

Arbitration Saves Money and Patents in International Disputes

Insight
If parties to a license or industry dispute resolution agreement devote appropriate time and effort to preparing an arbitration provision to meet their specific objectives, arbitration can be a valuable tool in resolving patent disputes, writes Kirk Watkins of Womble Carlyle Sandridge & Rice, LLP.

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No Arbitration For Lawyer Accused of Breaches in Deal With Client

Insight
A California appellate court closely parsed the language in an arbitration clause and reversed an order compelling arbitration of a dispute between a lawyer and his client-turned-business-partner, reports Karen Rubin in Thompson Hine’s blog, The Law for Lawyers Today.

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Time to Update Your Client Arbitration Agreements

Time to Update Your Client Arbitration Agreements

Insight
The failure to incorporate new standards into fee agreements means not only that non-conforming provisions will be deemed unenforceable, writes Edward F. Donohue III of Hinshaw & Culbertson LLP.

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Contract Indemnity and Duty to Defend vs. Insurance Duty to Defend

Insight
An explicit contractual duty to defend against allegations of negligence or breach by the indemnitor may well be construed to require such a defense from the outset, even when parties are still arguing over ultimate liability, writes Stan Martin of Commonsense Construction Law LLC.

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What U.S. GCs Should Know About Drafting International Arbitration Clauses

What U.S. GCs Should Know About Drafting International Arbitration Clauses

Insight
Kevin Perry and Joanne Elieli of of Cooley offer some insight for American general counsel on the drafting of international arbitration clauses, covering preliminary considerations and specific drafting issues.

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Q&A on SCOTUS and Arbitration

Article
In an article posted on their firm’s website, Matthew T. Furton and Julie L. Young, partners in Locke Lord, discuss some recent rulings on arbitration by the U.S. Supreme Court, particularly as they apply to insurance and reinsurance.

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Want to Sue Your Bank? Regulators Push to Make It Easier

News
The Consumer Financial Protection Bureau proposed a rule Thursday that would ban arbitration clauses, which would affect the entire financial industry and the hundreds of millions of bank accounts, credit cards and other financial services Americans use, reports the Associated Press.

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The End of Consumer Arbitration As We Know It?

Article
As a result of the passage of the Dodd-Frank Act in 2010, the use of mandatory pre-dispute arbitration in consumer transactions has become tenuous, according to an article written by Maurice Shevin for Sirote & Permutt, PC.

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