Searching Content indexed under Arbitration & Dispute Resolution by Fenwick & West LLP ordered by Published Date Descending.
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Supreme Court Reinforces Enforceability Of Delegation Clauses In Arbitration Agreements
Last week, the U.S. Supreme Court held unanimously that when an arbitration delegates gateway issues of arbitrability to the arbitator to decide ...
United States
21 Jan 2019
Top SCOTUS Cases That Matter For Tech, Life Sciences And Games Industries – 2018 Term Preview
As the U.S. Supreme Court kicks off its 2018 term this week, it prepares to take up a series of firsts, including questions about the America Invents Act, securities fraud and privacy-related class action litigation.
United States
4 Oct 2018
All The World's A Stage, And Some Players Are De Minimis Under Copyright Law
The out-of-doors world abounds with copyrighted works, and visual authorship is everywhere on display: giant visuals on buses, designs on T-shirts, public sculpture, caps with artsy graphics, advertising posters ...
United States
18 Jul 2018
Non-Marking Sole? Lessons From Adidas V. Skechers
California trademark attorneys have been waiting five years to get clarification on the requirements for injunctive relief and hoped that a new case between adidas and Skechers ...
United States
18 Jul 2018
Avoiding "Genericide": Lessons From A Recent Case
When does a trademark stop being a trademark? ASPIRIN, CELLOPHANE and ESCALATOR are all examples of words that were once trademarks, but ultimately came to be used and understood by the public...
United States
8 Jan 2018
Crowdsourced Content In Video Games: How Ownership Issues Almost "Ganked" A Copyright Case
In Blizzard Entertainment v. Lilith Games (Shanghai) Company, a federal court denied a motion for partial summary judgment for alleged copyright infringement involving some of the biggest names...
United States
8 Jan 2018
Top SCOTUS Cases Tech Companies Should Watch – Fall 2017 Preview
The upcoming U.S. Supreme Court term promises to be a big one, featuring a patent case that could be a game changer for many clients and a host of other cases that may affect how tech...
United States
9 Oct 2017
PTAB Hints At How Follow-On Petitions Might Succeed
The recent Patent Trial and Appeal Board decision in General Plastic Industrial v. Canon Kabushiki Kaisha (PTAB September 6, 2017; Paper 19) has caused many commentators to note that patent owners...
United States
27 Sep 2017
Employees Of Temporary Staffing Agencies May Be Forced To Arbitrate Claims Against Agency Clients
A California appellate court ruled, in Garcia v. Pexco, that a temporary worker could be made to arbitrate his California Labor Code claims against both the staffing agency that employed him...
United States
24 Aug 2017
Consumer Financial Protection Bureau Issues Final Rule On Arbitration Agreements
The Consumer Financial Protection Bureau published its final rule regulating arbitration provisions in contracts between certain financial service providers in the core consumer financial markets of lending money...
United States
24 Jul 2017
CA Supreme Court Holds Arbitration Provisions Waiving Right To Seek Public Injunctive Relief "In Any Forum" Are Unenforceable
In a closely-watched case, the California Supreme Court recently held in McGill v. Citibank, N.A. that arbitration clauses that foreclose a plaintiff's right to pursue public injunctive relief in any forum are invalid and unenforceable.
United States
19 Apr 2017
ABA Section Of Litigation Hosts Inaugural Forum For LGBT Attorneys And Allies (Video)
Dedicated to the professional success of LGBT lawyers and allies, the ABA Section of Litigation will be hosting an inaugural LGBT Forum​ May 2-3 in San Francisco.
United States
4 Apr 2017
On The Leading Edge: What's Next For The ABA Section Of Litigation (Video Content)
Fenwick's Laurence Pulgram​, the incoming chair of the American Bar Association's Section of Litigation, discusses the section's exciting initiatives for the upcoming year...
United States
10 Aug 2016
Purchasing Flowers Ends In Reforming Browsewrap Agreements
A California Court of Appeal has taken its first stance on the website design requirements necessary for an enforceable browsewrap agreement.
United States
30 Mar 2016
U.S. Supreme Court Supports Validity Of Class-Action Waivers In Arbitration Agreements
On December 14th, the United States Supreme Court ruled in DirecTV v. Imburgia, in a 6-3 decision, that California consumers can be bound by the satellite-TV provider's mandatory arbitration clause, which includes a class action waiver.
United States
24 Dec 2015
Settlement Scrutiny: The Decline Of Delaware Disclosure-Only Settlements
A new line of Delaware decisions promises to reshape settlement norms surrounding stockholder litigation challenging mergers.
United States
20 Nov 2015
And The Winner Is… The SEC Touts Record Number Of Cases For Its FY2015, And Highlights Innovative Firsts
The SEC's enforcement numbers are in for its fiscal year ended September 2015, and to no one's surprise, the agency filed a record number of enforcement cases.
United States
20 Nov 2015
DOL Reaches $18 Million Settlement With Haliburton For Employee Misclassification
Both employee and contractor misclassification are hot button issues for the DOL and state agencies.
United States
27 Oct 2015
Ninth Circuit Affirms Iskanian Ruling Rendering PAGA Waivers Illegal
In Sakkab v. Luxottica Retail North America, Inc., the Ninth Circuit affirmed the California Supreme Court's Iskanian v. CLS Transportation Los Angeles, LLC decision...
United States
26 Oct 2015
28 U.S.C. § 1782: A Powerful Tool In Global Disputes
As the number and complexity of cross-border and multi-jurisdictional disputes increase, companies can use 28 U.S.C. § 1782 to obtain evidence from U.S.-based entities for use in those foreign proceedings.
United States
1 Oct 2015
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