Mondaq USA: Litigation, Mediation & Arbitration > Arbitration & Dispute Resolution
Mayer Brown
As many of our readers know, the Supreme Court will hear arguments next term in a trio of cases examining whether class waivers in employment arbitration agreements are enforceable under...
Carlton Fields
Plaintiffs-Appellees brought suit against short-term lender PLS Financial Services, Inc., and PLS Loan Store of Texas, Inc. (collectively "PLS"), alleging the following scheme.
Haug Partners
An arbitral tribunal typically possesses broad powers to set the procedures within an arbitration, including the appointment and management of its own expert to assist the tribunal with technical subjects...
Orrick
Clauses requiring a party to use best endeavours, reasonable endeavours, all reasonable endeavours and variations on the same theme, are commonplace in negotiated commercial contracts.
Womble Carlyle
On Tuesday, June 6, Womble Carlyle's International Arbitration Team organized an event for clients who are involved in international business transactions and may need assistance in drafting...
Troutman Sanders LLP
Attorney General Jeff Sessions recently issued a memorandum rolling out a new policy prohibiting settlement payments to third parties.
Lewis Brisbois Bisgaard & Smith LLP
The California Legislature has created a new class of highly expedited time frames for appeals from an order denying a petition to compel arbitration in cases involving a claim under the Elder...
Ogletree, Deakins, Nash, Smoak & Stewart
The Sixth Circuit Court of Appeals—apparently unable to wait a few months for the Supreme Court of the United States to rule on the issue—has now cast its lot with the National Labor Relations Board (NLRB)
Fisher Phillips LLP
Although it did not affirmatively adopt the NLRB's standard...
Carlton Fields
Recently, the National Labor Relations Board (NLRB) ordered Dish Network, LLC to rescind or revise its arbitration agreement, finding that provisions in the agreement violated the NLRA Act.
BakerHostetler
The court's decision sides with the Seventh and Ninth Circuits, which have reached similar holdings, to create a slight majority in the circuit split on the enforceability of such provisions.
Carlton Fields
Plaintiff Gaspar Salas, a former employee of defendant GE Oil & Gas, brought suit in 2014 in Texas federal court against GE for discrimination and retaliation.
Carlton Fields
A New York Court vacated an arbitration award, finding that a party appointed arbitrator's undisclosed relationships with the appointing party amounted to a relatively infrequent instance...
Sheppard Mullin Richter & Hampton
On May 23, the NLRB issued Road Sprinkler Fitters Local Union 669, finding that U.A. Local 669 (Union) violated the NLRA when it sought to apply and enforce facially valid anti-double breasting language...
Troutman Sanders LLP
The Operation Agreement coordinates the operation of three transmission lines, collectively referred to as the "California-Oregon Intertie," ...
WilmerHale
On June 9, 2016, the New York Court of Appeals issued its decision in Ambac Assurance Corp. v. Countrywide Home Loans Inc. and held that the common interest doctrine protects...
Parker Poe
This decision deepens the circuit split on the enforceability of class action waivers in employment disputes, an issue the Supreme Court will take up during its October 2017 term.
Reed Smith
In a clear turnabout from its previous position, the CMS issued a proposed rule on June 5, 2017 that would lift the agency's ban on pre-dispute arbitration agreements in the long term care setting.
BakerHostetler
In a strangely timed opinion, the Sixth Circuit has entered the fray over whether class and collective waivers in employee arbitration agreements violate the National Labor Relations Act (NLRA).
Holland & Knight
On June 1, 2017, the Health and Human Services Office of Inspector General (HHS OIG) issued its Semiannual Report to Congress summarizing the activities of that office from October 1, 2016...
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Kirkland & Ellis LLP
Seizures of multinational companies' assets in Venezuela have become all too common in recent years.
Anderson Kill
In television programs and movies, following some slight or wrong, an aggrieved party will turn to the aggressor and say, "I'll see you in court!"
Foley & Lardner
On Monday, May 15, 2017, the Supreme Court issued its latest reminder to state and lower federal courts that they must treat arbitration agreements as equally valid as all other contracts.
Ogletree, Deakins, Nash, Smoak & Stewart
The Sixth Circuit Court of Appeals—apparently unable to wait a few months for the Supreme Court of the United States to rule on the issue—has now cast its lot with the National Labor Relations Board (NLRB)
Carlton Fields
Last week, the U.S. Supreme Court rejected the Kentucky Supreme Court's use of a clear-statement rule to require that powers of attorney specifically authorize a representative to enter into an arbitration agreement, finding that the rule violated the Federal Arbitration Act's ("FAA") equal treatment principle.
Holland & Knight
The U.S. Supreme Court recently heard oral argument in Trinity Lutheran Church of Columbia, Inc. v. Comer, No. 15-577.
Stoll Keenon Ogden PLLC
Earlier this week, the United States Supreme Court issued an opinion in which it rejected Kentucky's hostility to agreements to arbitrate disputes.
Carlton Fields
Recently, the National Labor Relations Board (NLRB) ordered Dish Network, LLC to rescind or revise its arbitration agreement, finding that provisions in the agreement violated the NLRA Act.
BakerHostetler
The court's decision sides with the Seventh and Ninth Circuits, which have reached similar holdings, to create a slight majority in the circuit split on the enforceability of such provisions.
Proskauer Rose LLP
The recent case of Jarvis v. BMW of North America, LLC is an important reminder to attorneys to avoid inadvertently reaching a settlement agreement that is unacceptable to the client...
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