Alternative Dispute Resolution Seminar
Allison J. Snyder of Greenberg Peden P.C.
Arbitration is the referral of a dispute to one or more impartial persons for final and binding determination.
Take Care in Modifying Construction Industry Form Contracts
Wray & Pierce, L.L.P.
All of us are familiar with AIA Form Contracts, particularly AIA document A201, General Conditions of the Contract.
Consumer Finance Alert
Pepper Hamilton LLP
This alert summarizes a US District Court of Delaware's decision holding mandatory arbitration clauses in a "pay day" loan agreement as unenforceable on the grounds that it frustrated the purposes of the Truth in Lending Act (TILA) and the Electronic Funds Transfer Act (EFTA).
How Does Arbitration Differ From Mediation and Civil Litigation?
David A. Pluchinsky of Beirne, Maynard & Parsons, L.L.P.
In an attempt to control litigation costs, many companies are looking to employ alternative dispute resolution mechanisms ? commonly referred to as "ADR" ? to avoid the courthouse. Two of the most commonly used ADR mechanisms are mediation and arbitration. Mediation is a voluntary process in which the parties use an objective third-party facilitator to try to negotiate a resolution to their dispute.
North Dakota Supreme Court Refuses To Allow Contracting Parties To Fashion Special Reviewing Standard For Private Arbitration Awards: John T. Jones Construction Co. v. City Of Grand Forks
James Duffy O'Connor of Maslon Edelman Borman & Brand, LLP
John T. Jones Construction Co. was the general contractor on an expansion project for the City of Grand Forks. The city refused the general contractor's claim to have encountered differing site conditions, causing it to deliver the project late, and demanded liquidated damages from Jones Co. for the delay. The dispute was submitted to an arbitrator who ruled against the contractor and in favor of the city.
Employment Law Group Update: Ninth Circuit Says Federal Arbitration Act Does Not Apply to Employment Contracts
Wilson Sonsini Goodrich & Rosati
This update discusses the Ninth Circuit's opinion in Craft v. Campbell Soup Co., in which the court held that the Federal Arbitration Act ("FAA") does not apply to employment contracts or collective bargaining agreements.
Enforceability of Agreements to Arbitrate Employment Disputes
Smith, Currie & Hancock LLP
Due to the explosion of civil litigation and administrative charges against employers, it is not surprising that al.
Alternative Dispute Resolution Basics for Those in Business
David A. Pluchinsky of Beirne, Maynard & Parsons, L.L.P.
In an attempt to control litigation costs, many companies are looking to employ alternative dispute resolution mechanisms ? commonly referred to as ADR -- to avoid the courthouse. Two of the most commonly used ADR mechanisms are mediation and arbitration. Mediation is a voluntary process through which the parties meet and try to negotiate a resolution to their dispute by using an objective third-party facilitator. Arbitration is a process that results in a binding decision that the parties can seek to enforce through the courts. Outlined below are the basics that can be expected in the typical mediation or arbitration.
Is an Arbitration Panel A "Tribunal"?
David W. Kenna of Mound Cotton Wollan & Greengrass
In the course of an arbitration in England under the English Arbitration Act of 1996, entitled Medway Power Limited.
International Arbitration Clauses Keep Trading Partners on Track
Beirne, Maynard & Parsons, L.L.P.
A Conroe-based designer and builder of electrical power plants has been contacted by a regional government entity to build a power plant in the Ukraine using local labor. While the project sounds lucrative, the prospect of labor strikes, corruption and red tape, delays, withdrawal of government approval and the ability to enforce breaches and delays raises concerns about the risks of the project.
Drug Testing Program Upheld For Job Applicants But Not For Current Employees
Cooley Godward Kronish LLP
This article concerns a recent decision by the California Supreme Court that details the rights and liabilities a employer may face when requiring mandatory drug testing.
Intellectual Property Disputes Under the Amended AAA International Rules
Paul S. Schmidtberger of Coudert Brothers LLP
The arbitration of international intellectual property disputes presents unique challenges. Intellectual property.
The Plot Thickens -- A Post Duffield Update on Pre-Dispute Arbitration Agreements and Statutory Discrimination Claims
Paul C. Marazita of Paul, Hastings, Janofsky & Walker LLP
The May 1998 issue of Workforce included an article entitled "Pre-Dispute Arbitration Agreements and Their Applica.
U.K. Arbitrators Construe Hand-Written Settlement Agreement
Mark S. Katz of Mound Cotton Wollan & Greengrass
Intermittently over the past four years, an arbitration panel in London has been the forum for a complex insurance .
Ninth Circuit Holds Title VII Prohibits Compulsory Arbitration of Civil Rights Claims
This article concerns a California case which decided whether private employers can require their employees to arbitrate discrimination claims under Title VII, rather than take them to court.
Pre-Dispute Arbitration Agreements and Their Application to Statutory Discrimination Claims
Christopher A. Barreca of Paul, Hastings, Janofsky & Walker LLP
Pre-dispute arbitration agreements are those agreements between an employer and an employee that require an em.
Parties can Contract for Broad Judicial Review of Arbitral Awards According to U.S. Appellate Court
Coudert Brothers LLP
The U.S. Ninth Circuit Court of Appeals, on December 9, 1997, ruled that parties to an agreement can contract for .
Court of Appeals to Review Whether Pre-Hire Arbitration Agreements are Enforceable
Bodman LLP
The Michigan Court of Appeals has convened a special conflict panel to review the issue of whether pre-hire arbitra.
The California Supreme Court Leaves A Window Of Opportunity For Class Action Waiver Clauses In Employment Arbitration Agreements
Henry D. Lederman and Lisa C. Chagala of Littler Mendelson, P.C.
On June 27, 2005, the California Supreme Court issued a long-awaited decision in Discover Bank v. Superior Court, Case No. S113725, and held that, "at least under some circumstances," class action and class arbitration waiver clauses in consumer contracts are not enforceable. Although Discover Bank may not represent the best of all possible results for employers, the California Supreme Court left open a window of opportunity for the use and enforcement of class action and class arbitration waiver clauses in the employment context.
Steering Clear of the Runaway Jury
Ryan Griffitts of Thompson, Coe, Cousins & Irons, LLP
Over the last few years, courts have made it clear that they will allow employment-related disputes to be submitted to arbitration where the employer and employee have agreed to do so. However, arbitration does have its downsides. One alternative to arbitration agreements is a "jury waiver agreement."
To Arbitrate or Not to Arbitrate: Clients should carefully consider agreement for binding arbitration
Slattery & Jespersen, P.C.
Clients often view arbitration as a method to resolve disputes that is preferable to litigation in the court system.
California Federal Court Further Limit Arbitration of Employment Claims
Pillsbury Winthrop Shaw Pittman LLP
Duffield v. Robertson Stephens & Company, __ F.3d __ (9th Cir. May 8, 1998), and Davis v. LPK Corporation, (N.
Pre-Dispute Arbitration of Discrimination Claims
Jeffrey S. Klein,Nicholas J. Pappas and Janet Goldberg of Weil, Gotshal & Manges LLP
This article reviews the Desiderio v. National Association of Securities Dealers, Inc. case and examines the issues employers should be aware of in constructing mandatory pre-dispute arbitration programs.
Despite Strong Federal Policy in Favor, EEOC Takes Substantial Steps Against Arbitration of Federal Discrimination Claims
L. Julius M. Turman of Littler Mendelson, P.C.
This article summarizes the conflict with current EEOC and Federal policy in which the EEOC is taking substantial steps away from allowing employers to require mandatory arbitration for discrimination claims.
ICC Arbitration Rules to be Revised
Coudert Brothers LLP
Introduction Despite the growth of other international arbitration institutions throughout the world, arb.
Negotiating the Lower Levels of Dante's Inferno: The Litigation Process
Jonathan P. Sauer of Jonathan P. Sauer,PC
One of the least understood aspects of the litigation process is the litigation process.
Revisiting Arbitration of Employment Discrimination Disputes--A Cost Efficient Method of Resolution?
Dykema Gossett PLLC
Employment litigation is on the rise. Current and former employees disgruntled with their termination, lack of pro.
Arbitration Clause May Prevent Private Suit
Paul, Hastings, Janofsky & Walker LLP
The United States Supreme Court has granted certiorari to address the issue of "whether a general arbitration clause in a collective bargaining contract bars an employee covered by the contract from filing his own lawsuit under a federal anti-discrimination statute.
Industry Custom & Practice: The Important of Arbitration Clauses in International Entertainment Contracts
Coudert Brothers LLP
Like many other agreements, contracts with overseas companies or subject matter often contain standard arbitration.
Ninth Circuit Limits Arbitration of Title VII Claims
Michael J. Tonsing of Littler Mendelson, P.C.
This article details a ruling by the 9th Circuit Court of Appeals in San Francisco which has limited virtually every mandatory employment arbitration agreement in the western United States.
CA Decisions Clarify Enforceability of Arbitration Agreements
Thomas H. Reilly and Christopher S. Andre of Arter & Hadden LLP
This article reviews Armendariz v. Foundation Health Psychcare Services whereby the California Supreme Court analyzed the enforceability of arbitration agreements and added a new criterion for determining whether arbitration agreements required as a condition of employment are enforceable.
First Circuit Provides Guidance to Employers Who Wish to Communicate Contractual Arrangements to Their Employees
Amy L. Nash of Littler Mendelson, P.C.
Calling it a "close case," the First Circuit deemed the employer's notice of a new arbitration policy insufficient to bind the employee to arbitration when he brought a claim under the ADA. The court's analysis, however, provides guidance to employers on providing adequate notice via e-mail.
What it all means
Federal Trade Commission
This is a glossary of ADR terms.
Arbitration v. Litigation In Court: Which To Choose If You Have The Choice
Edward C. Mengel of White and Williams LLP
When you have a choice of forums in which to litigate a dispute you can't otherwise resolve, which is cheaper, liti.
Dispute Resolution In Mexico
Margaret M. Gatti of Gatti & Associates
(Article appeared in the 1998 North American Trade Guide) All Rights Reserved International business disputes .
Resolving Measurement Disputes
Brit T. Brown and Benjamin A. Escobar of Beirne, Maynard & Parsons, L.L.P.
Over the last several years, legal disputes involving energy companies have been on the rise, increasingly resulting in litigation before courts or arbitration panels. Both upstream and downstream businesses have experienced significant legal attack by other interests over a wide range of activities. This business hostility against energy companies is further fueled by recent news of record earnings and profits and record high prices at the pump.
Dispute Avoidance and Dispute Resolution in China
U.S. Department of Commerce
While conducting business in China, foreign companies occasionally find themselves embroiled in disputes with Chinese individuals, companies, or the Chinese Government. The number of cases involving the first two categories far exceeds those of the third.
Resolving Employment Disputes
Paul Jerome Richey of Buchanan Ingersoll & Rooney PC
INTRODUCTION This final chapter will address responding to and resolving employment disputes after the employee ha.
The Arbitration of International Technology Disputes Under the English Arbitration Act 1996[1]
Gary L. Benton of Coudert Brothers LLP
I. INTRODUCTION MANY INDUSTRIES have come to benefit from the unprecedented expansion of the global economy and.
Pre-Dispute Agreements to Arbitrate Statutory Discrimination Claims: Are Plaintiffs Gaining the Upper Hand?
Christopher A. Barreca of Paul, Hastings, Janofsky & Walker LLP
Pre-dispute arbitration agreements have again become a hot topic in the employment arena, not only because they pro.
Recent Developments in Arbitration of Employment Disputes:
David Eugene Dubberly of Duff, White & Turner, LLC
Fourth Circuit Takes Leading Role The U.S. Court of Appeals for the Fourth Circuit has taken a leading role .
MI Court of Appeals Rejects Prospective Arbitration Agreements Involving Civil Rights Claims
Dykema Gossett PLLC
In Heurtebise v Reliable Computers, Inc., (1994) the Michigan Court of Appeals ruled that, by placing mandatory arb.
Alternative Dispute Resolution Developments
Sidley Austin LLP
This article examines Kahn Lucas Lancaster, Inc. v. Lark International, Ltd. and KKW Enterprises, Inc. v. Gloria Jean's Gourmet Coffees.
Reading The Fine Print: Unhappy Consumers Not Necessarily Bound To Arbitration
Robert N. Rapp of Calfee, Halter & Griswold LLP
It is common today for consumer goods and services
purchase and financing agreements, and credit card
agreements, to include a provision requiring disputes
to be submitted to arbitration. These provisions identify
the arbitration forum in which the dispute will be
determined, and often spell out procedural requirements,
limitations and other aspects of the process.
Waging War Against Binding Arbitration: Will Trial Lawyers Win the Battle?
Erika Birg*
We all likely consume goods or services subject to standard contracts with vendors, contracts that we often do not even bother to read before we sign. Only when a problem with the vendor ? or the provided goods or services ? arises do we even pull the contract out (if we can find it) to peruse the promises and obligations
Resolving Consumer Disputes: Mediation and Arbitration
Federal Trade Commission
Brochure from the Federal Trade Commission advising consumers on the mediation and arbitration process.
Designing an Arbitration Clause
Frank E. Riggs of Smith, Currie & Hancock LLP
When first introduced to the construction industry, arbitration was hailed as a light at the end of the frequently .
Arbitration in Florida: Voluntary or Court Ordered
Leonard P. Reina of
Today's trial practice requires that attorneys be familiar with the most common forms of alternative dispute .
Fourth Circuit Upholds Arbitration Clause in Employee Handbook Acknowledgment Form
Duff, White & Turner, LLC
In O'Neil v. Hilton Head Hospital, the Fourth Circuit Court of Appeals (which reviews decisions of federal distric.
Arbitration-Domestic Commercial
Kenneth McEwan of Farris, Vaughan, Wills & Murphy
Recent authority in both Ontario and British Columbia has considered the enforceability of arbitration agreements to forestall intended class proceedings.
The "Separability Doctrine:" The Continuing Impact of Prima Paint in Georgia, Alabama, and the Eleventh Circuit
Ashby L. Kent of Burr & Forman LLP
The Alabama state law policies favoring judicial determination of "arbitrability" clearly conflict with the Eleventh Circuit's policy preferences favoring arbitration and its emphasis on the parties' presumptive assent. This conflict may be of particular interest in the construction context, in light of the numerous lawsuits brought under Alabama's harsh qualification statutes.
Constitutional Amendment Benefits The Turkish Power Market
Cadwalader, Wickersham & Taft LLP
Background With a booming economy1 and a seemingly insatiable demand for power, Turkey long ago recognized the n.
Court Refuses To Compel Mandatory Arbitration of Sexual Harassment Claim against Hooters Restaurant Chain
Duff, White & Turner, LLC
Despite the courts' general acceptance of even-handed and properly adopted mandatory arbitration policies, a feder.
Resolving Disputes
Missouri Bar Center
This article considers the costs and benefits of various dispute resolution processes.
UK / US Construction Comparison
Vincent W. King, P.A.
There are interesting parallels as well as interesting .
Choice of Forum in Franchise Agreements Still Subject of Debate
Joel Siegel of Brobeck Phleger & Harrison LLP
This article discusses the on-going problem of choosing a forum for franchise agreement suits.
Labor & Employment Update--April 1999
Brobeck Phleger & Harrison LLP
This update contains articles entitled: Is a job seeker with no disability protected from improper interview questions under the Americans with Disabilities Act; U.S. Supreme Court to decide when to award punitive damages for intentional job discrimination; Arbitration agreements under continued attack; and California daily overtime resurrectedÂchange in law likely.
High Technology Arbitration
Coudert Brothers LLP
Introduction Many industries have ridden the wave of unprecedented growth in international business in recen.
Arbitration Award Vacated
Philip L. Fortune of Smith, Currie & Hancock LLP
The trend to alternative dispute resolution (ADR) procedures has gained national support and recognition. Many cou.
Bullet-Proofing Your International Arbitration: 6 Important factors your lawyer should consider when writing your contracts
Nicolas C. Ulmer of Winston & Strawn LLP
International traders inevitably encounter arbitration, or at least arbitration clauses. When all is said and done, commercial parties from one country will rarely agree to submit their disputes to the courts of their foreign commercial partners. Reprinted from World Trade Magazine, Copyright 2000.
Arbitration Agreements
Songstad & Randall
The enforceability of agreements to arbitrate employment disputes remains an open question.
Michigan Court Of Appeals Rules That Employers May Contract With Employees To Arbitrate Statutory Civil Rights Claims
Bodman LLP
Diane L. Akers, a partner in our Detroit office, has achieved a significant ruling from the Michigan Court of Appea.
Pre-Hearing Discovery in Arbitration: Is It Illusory?
Roseann Oliver of Cahill, Christian & Kunkle, Ltd.
Introduction In the past few years, more litigation has moved away from the courtroom and into the arbitration .
Arbitration Expert Predicts 21st Century Trends
Dykema Gossett PLLC
Thomas J. Stipanowich, a law professor at the University of Kentucky and a nationally- recognized expert in the fie.
Automotive Manufacturer/Dealer Litigation will Likely Increase as a Result of the Changing Economic and Regulatory Landscape
Brit T. Brown of Beirne, Maynard & Parsons, L.L.P.
Automotive manufacturers and dealers are confronted with an increasingly competitive environment wherein too many competitors offer an excessive supply of an increasingly redundant and deflationary product to a saturated marketplace. To increase sales and profit margins, manufacturers and dealers have been forced to adopt strategies that may conflict with one another, the manufacturer's international and national strategies often at odds with the dealers' regional and local competitive requirements. These economic forces, coupled with procedural and regulatory laws, are increasingly resulting in litigation.
Another Look at Remedies in Arbitration
Harvey W. Berman of Bodman LLP
It is widely recognized that arbitrators have broad authority to order any type of relief, even if the relief could.
Enforcement of Foreign Judgements and Arbitration Awards in Indonesia
Michael S Horn of Coudert Brothers LLP
This memorandum will explain the enforcement of foreign judgements and arbitration awards in the Republic of Indon.
Consumer Arbitration Agreement Which Failed to Specify Allocation of Costs Held Unenforceable
Sidley Austin LLP
This article examines Randolph v. Green Tree Financial Corp. and Fradella v. Petricca.
Mediation vs. Arbitration vs. Litigation: What's The Difference?
Leonard P. Reina of
Everyone in our society is familiar with litigation and its ramifications. One party hires an attorney and files a lawsuit requiring the other party to also hire an attorney and defend the lawsuit. Anyone who has ever been involved in litigation knows that it is expensive, time consuming, emotionally draining and unpredictable.
California Supreme Court issues two important and long awaited decisions interpreting California's Unfair Competition Law
George S. Howard of Pillsbury Winthrop Shaw Pittman LLP
This article reviews the two recent decisions from the California Supreme Court interpreting California's unfair competition law.
India Adopts New Arbitration Law
Coudert Brothers LLP
India has adopted a new arbitration law based upon the United Nations Commission on International Trade Law (UNICTR.
Courts Refuse to Enforce Arbitration Agreements
Carole M. Ross of Sheppard Mullin Richter & Hampton LLP
This article provides a discussion of unenforceable arbitration agreements through an analysis of two California cases.
Things To Consider Before Including An Arbitration Clause In Your Contract
John S. Blackman of Farbstein & Blackman, APC.
[1This article is adapted from other articles by the author appearing in Lawyers' Mutual Insurance Company Bulletin.
Why the Hawaii State Bar Supports ADR
Alan Van Etten
This article discusses the advantages and potential disadvantages of ADR.
Michigan's Franchise Law Arbitration Provision may be Unenforceable
Dykema Gossett PLLC
A recent federal appellate court decision casts doubt upon the validity of a provision in the Michigan Franchise In.
Arizona Supreme Court Refuses to Enforce Arbitration Agreement Based on the Arizona Uniform Arbitration Act
Neil M. Alexander and J. Greg Coulter of Littler Mendelson, P.C.
In a surprise ruling, the Arizona Supreme Court has declined to enforce arbitration agreements made between an employer and its employees. The initial reading of the Court's ruling in North Valley Emergency Specialists v. Superior Court appears to be a significant blow to employers' ability to enforce arbitration agreements to resolve employment disputes. A detailed reading of the Court's decision, however, establishes that the ruling only addresses the application of the Arizona Uniform Arbitration Act ("AUAA") to arbitration agreements between employers and employees. The Court did not address the enforceability of those arbitration agreements based on Federal statute and common law. Consequently, the Court's narrow holding leaves employers with the ability to continue to enforcement arbitration agreements in Arizona.
Ninth Circuit Removes Barrier to Enforcement of Arbitration Agreements with Employees
Michael Porter of Miller Nash LLP
West Coast employers will have an easier time enforcing their employees' agreements to arbitrate discrimination claims under a Ninth Circuit decision that overturned a 1998 case that prevented many employers from arbitrating employee claims filed under discrimination statutes such as the Americans With Disabilities Act and Title VII of the 1964 Civil Rights Act.
Runaway Jury Waivers: Pre-dispute Waivers May No Longer Be Enforceable Under California Law
Christine A. Scheuneman of Pillsbury Winthrop Shaw Pittman LLP
For many years, the real estate industry has taken for granted that pre-dispute jury waivers negotiated in leases, purchase and sale agreements and loan documents will be enforced in California. These waivers have been widely used to resolve disputes by the court, while avoiding many of the potential perils of a trial by jury, such as excessive or inadequate damage awards, jury nullification, bias or prejudice against corporations, delay, inconsistent fact finding, misunderstanding of the law and outright juror misconduct.
National Employment Litigation & Policy Trends Continue To Raise Major Challenges For America's Corporate Employers
Shook, Hardy & Bacon L.L.P.
This Year In Review focuses on national employment litigation and policy trends that raise major challenges for AmericaÃÂs corporate employers. An understanding of these national trends will enable corporate counsel to address these developments in an effective manner.
No-Fault Arbitrator Reform!
Marc M. Dittenhoefer of Blank, Goolnick & Dittenhoefer
By now all of us are aware of the changes to Insurance Department Regulation 68 and the way these changes will affect our quest to ensure that our clients receive their full measure of benefits due them under the No-Fault Law. We are all likewise familiar with the arbitration process currently administered by the American Arbitration Association (A.A.A.) under the aegis of the Insurance Department, as well as the procedures in place for review of Arbitration decisions by Master Arbitrators.
California Employment Agreements in Jeopardy: Mandatory Arbitration Agreement Presumed Unconscionable
William J. Emanuel,Robert Louis Ford,Patricia A. Kinaga,Allison R. Michael and Sue J. Stott of Jones Day
The Ninth Circuit, long hostile to arbitration provisions in employment agreements, has found an employer's form arbitration agreement "presumptively unconscionable" under California contract law.
Quackenbush
Mound Cotton Wollan & Greengrass
The extent to which a Liquidator or Receiver of a defunct insurer can be compelled to comply with an arbitration re.
Special Appellate Panel Hears Oral Arguments in Employment Arbitration Controversy
Dykema Gossett PLLC
A special panel of the Michigan Court of Appeals convened on June 1 to hear oral arguments in a proceeding to resol.
Worldly Preparation: Alternative Dispute Resolution in a Global Setting
Jeffrey J. Hessekiel and Dana Haviland of Wilson Sonsini Goodrich & Rosati
The article argues that, in view of the many advantages that arbitration offers over litigation in the international arena, such clauses should be de rigueur in most international agreements.
Employer Policy Changes: Notice By Email or Ink
Paul R. Mastrocola of Burns & Levinson LLP
An employer sends a company-wide email notifying employees about a new policy mandating arbitration of employment disputes. Later, an employee files a lawsuit in Court claiming that he was wrongfully terminated by the company because of a disability. The Court denies the employer?s request that the former employee should be required to arbitrate his claim according to the new policy, and allows the lawsuit to proceed in Court.
How Much Justice Can You Afford?
Wilson & Orcutt, P.C.
Most litigation attorneys will readily admit that, when all is said and done, they are the only real "winners" left.
Domestic Commercial Arbitration in Canada
James Kenneth McEwan of Farris, Vaughan, Wills & Murphy
Recent authority in both Ontario and British Columbia has considered the enforceability of arbitration agreements to forestall intended class proceedings.
Arbitration Agreements: Ninth Circuit Upholds Heightened Judicial Review In Deference To Terms of Parties' Agreement
Mound Cotton Wollan & Greengrass
The Ninth Circuit, in La Pine Technology Corp. v. Kyocera Corp.; Kyocera Corp. v. Prudential-Bache Trade Services I.
Waffling Circuits: Workplace ADR After Circuit City and Waffle House
Francis T. Coleman*
From a legal standpoint, alternate dispute resolution ("ADR") agreements in the workplace have exhilarated HR and employment law.
Can New Jersey Employers Require its Employees to Arbitrate Discrimination Claims?
Michael Osborne of Stark & Stark
There has been a great deal of controversy between employees and employers regarding the enforceability of arbitration clauses in employment agreements, employee handbooks or job applications. This is especially true when litigating discrimination claims that are governed in New Jersey by the Law Against Discrimination ("NJLAD"), which creates arguably the most expansive statutory rights for employees. New Jersey has seen no shortage of litigation on this issue.
Consumer Arbitration Agreements Prohibiting Class Actions May Be Unenforceable in California
Farella Braun + Martel LLP
This California Supreme Court decision handed down on Monday in Discover Bank v. Superior Court (Boehr) will have significant impact on the enforcement of consumer arbitration agreements involving California residents. The Court holds that consumer arbitration agreements purporting to preclude classwide arbitrations may be unconscionable and unenforceable in circumstances where (1) the contract is
one of adhesion, (2) the consumer complains that the defendant purposefully cheated large numbers of individuals out of individually small sums of money and (3) the obligation at issue is governed by California law.
The Rise In Motor Vehicle Dealer/Manufacturer Disputes: How To Avoid Becoming A Litigation Victim
Brit T. Brown of Beirne, Maynard & Parsons, L.L.P.
Economic, regulatory and other market forces create a dynamic automotive industry requiring flexible strategies to stay competitive. While manufacturers must respond to international and national trends, dealers focus on local market demands. Consequently, the strategies adopted by manufacturers and dealers often conflict and result in mutually exhausting litigation, distracting resources required to stay competitive.
Sidley & Austin-Alternative Dispute Resolution
Sidley Austin LLP
This alert reviews a 7th Circuit Court of Appeals decision whereby the court ruled that an arbitration clause in a franchise agreement did not cover a dispute between the franchisor and a member of the limited liability company which was the franchisee. In addition, this article discusses another 7th Circuit case which concluded that arbitrators exceeded their authority by deciding issues that were outside the arbitration agreement.
Cross-Border Intellectual Property Disputes: Should My Company Use International Arbitration?
Gary L. Benton of Pillsbury Winthrop Shaw Pittman LLP
Cross-border intellectual property disputes present unique challenges. Many companies in the technology, publishing.
The Increase in Adversarial Proceedings Between Energy Companies
Brit T. Brown of Beirne, Maynard & Parsons, L.L.P.
When it comes to how energy companies treat one another, a change is in the wind. Energy companies have become more willing than ever to instigate adversarial proceedings in order to recoup damages, even against fellow industry members. The trend is partially facilitated by an increasing reliance on alternative dispute resolution (ADR), including, for example, arbitration procedures incorporating expedited schedules. The numerous mergers and acquisitions among industry members have also contributed to this change in industry culture.
Be Cautious About Arbitration Clauses
Beirne, Maynard & Parsons, L.L.P.
A Carrollton-based designer and builder of electrical power plants has been contacted by a regional government entity to build a power plant in the Ukraine using local labor.
While the project sounds lucrative, the prospect of labor strikes, corruption, red tape, delays, withdrawal of government approval and the ability to enforce breaches and delays raises concerns.
Alternative Dispute Resolution: Which Method Is Best For Your Client
Robert Zarco
This article explores three alternative methods of dispute resolution: mediation, arbitration and litigation as app.
Arbitration In International Project Finance: Drafting the Arbitration Provision
Sharif A Touray of Cadwalader, Wickersham & Taft LLP
This is Part Two of a Two-Part Series on the use of Arbitration in International Project Finance Transactions Pa.
Arbitration & Mediation (March 2004): When it Comes to Arbitration, Be Careful What You Ask For
Joseph E. Floren of Steefel, Levitt & Weiss
You see it all the time: a prayer for attorneys fees at the end of a complaint or answer even when there is no apparent basis for the request. In arbitration, however, requests like this can be self-fulfilling, creating their own legal basis.
Protecting the Right to Prehearing Discovery in Arbitration of International Construction Disputes
Coudert Brothers LLP
Construction disputes often turn on detailed factual points, the evidence of which may be primarily in the hands o.
Mandatory Arbitration of Employment Dispute Upheld
David Edwards of White and Williams LLP
The substantial increase in lawsuits by disgruntled employees and former employees is forcing employers to look for.
Collateral Estoppel and the Scope of Review of Arbitral Awards in California
Pillsbury Winthrop Shaw Pittman LLP
On March 25, 1998, the California Supreme Court granted review, and asked for briefing on the issue of "Whether c.
How to Right a Wrong
Federal Trade Commission
Brochure from the Federal Trade Commission which explain a consumer's rights when ordering merchandise by mail telephone order, door-to-door sales or receiving unordered merchandise.
Courts Beginning to Reverse Position, Reject Employers' Arbitration Provisions
Dykema Gossett PLLC
Recent decisions in Michigan and other jurisdictions suggest that courts may be backing away from enforcing so cal.
Arbitration Clauses in Employment Disputes: Staying Out of Court
Ernest C. Moore
This discusses need for arbitration clauses in employment contracts to help curtail rising employment litigation contacts.
Arbitration Of Employment Claims
Bodman LLP
The enforceability of arbitration agreements as they apply to employment discrimination claims received attention i.
Findlaw Interview with Mark Jansen of Townsend and Townsend and Crew
FindLaw M V
Mark Jansen is a partner in Townsend and Townsend and Crew LLP's San Francisco office. He is a trial attorney whose practice includes antitrust, unfair business practice, business tort, intellectual property and other business dispute litigation. He recently prevailed in the case of POWERAGENT INC. v. ELECTRONIC DATA for his client, Electronic Data Systems, and discussed the case with FindLaw.
The Argonaut Decision: A Federal Court Declines An Invitation To "Rewrite" An Arbitration Agreement Provision Regarding The Selection Of Arbitrators
Diana E. Goldberg of Mound Cotton Wollan & Greengrass
An Illinois federal judge recently reaffirmed the rule that requires courts resolving disputes under arbitration ag.
Post-Settlement Disputes--U.S. Supreme Court Decision Suggests Arbitration Clauses in Settlement Agreements May Be the Only Way to Avoid a Post-Settlement Trial
Raymond L. Sweigart of Pillsbury Winthrop Shaw Pittman LLP
A recent unanimous decision by the United States Supreme Court in the trademark infringement case of Digital Equip.
Enforcement of Pre-Dispute Arbitration Agreements
Thomas P. Brady of Brady, Hathaway, Brady & Bretz, P.C.
The enforcement of pre-dispute agreements to arbitrate civil rights claims is one of the most hotly contested issue.
Divided Supreme Courts Decide Bazzle v. Green Tree: Lack of Clarity in Decision Requires Caution in Dealing with Arbitration and Class Actions
David H. Gibbs of Nixon Peabody LLP
The Supreme Court in a divided 4-3 - 1-1 decision reversed the decision of the South Carolina Supreme Court in Green Tree Financial Corp. v. Bazzle to allow class actions in arbitrations when the agreement between the parties was silent on the issue. The Court remanded the case for consideration by the arbitrator of the parties' intent concerning the availability of class actions in arbitration proceedings.
Does the Arbitration Clause In Your Contract Protect You ? What You Should Know About Construction Arbitration Clauses
Last & Faoro
Unfortunately, litigation has become a common method for resolving construction industry disputes. While you may pr.
The Increase in Adversarial Proceedings Between Energy Companies
Brit T. Brown of Beirne, Maynard & Parsons, L.L.P.
When it comes to how energy companies treat one another, a change is in the wind. Energy companies have become more willing than ever to instigate adversarial proceedings in order to recoup damages, even against fellow industry members. The trend is partially facilitated by an increasing reliance on alternative dispute resolution (ADR), including, for example, arbitration procedures incorporating expedited schedules. The numerous mergers and acquisitions among industry members have also contributed to this change in industry culture
Getting a Fix on the Right to Repair: Builders Must Be Careful When Altering SB 800's Pre-Litigation Procedures
Bryan C. Jackson and Lee Gotshall-Maxon of Allen Matkins Leck Gamble Mallory & Natsis LLP
Construction defect litigation is one of the many culprits blamed for the cost and scarcity of new residential housing in California and the lack of affordable construction insurance. In an effort to reduce the cost of litigation and insurance, while still protecting homebuyers, the California legislature enacted SB 800 (California Civil Code ç895 et seq.) which, among other things, adds notice, repair and mediation procedures to residential construction defect claims.
New Zealand Updates Arbitration Act
Coudert Brothers LLP
New Zealand updated its 1908 Arbitration Act as of July 1997. The new law makes disputes concerning any agreements.
Beyond Mediation
Leonard P. Reina of
Now that mediation has become an accepted part of the practice of trial law, many trial lawyers are expanding their skills to include other forms of alternative dispute resolution (ADR).
The Plot Thickens -- A Post- Duffield Update On Pre-Dispute Arbitration Agreements And Statutory Discrimination Claims
Paul C. Marazita of Paul, Hastings, Janofsky & Walker LLP
The May 1998 issue of Workforce included an article entitled "Pre-Dispute Arbitration Agreements and Their Applica.
Japan Limits Restrictions on Foreign Arbitration Counsel
Coudert Brothers LLP
The Japanese Diet has passed amendments to the law governing lawyers to permit foreign attorneys to represent clien.
Arbitration?International Commercial
J. William Rowley, Q.C.,David W. Kent and Markus Koehnen of McMillan LLP
The importance and long-term consequences of the efficient resolution of commercial disputes is undoubted in the industrialized world. Until relatively recently, the principal burden has fallen on a limited number of national court systems that have traditionally captured the majority of such disputes.
The OHADA Treaty: Recent Developments Will Spur African Investment and Project Financings
Sharif A Touray of Cadwalader, Wickersham & Taft LLP
Introduction On October 17, 1993, 16 African States signed a treaty known as the Organisation pour l'Harmonisati.
Mandatory Arbitration: A Growing Concern for Employees
Our present legal system was built upon a foundation of certain rights and remedies. The most basic and important .
Bridging the Enforcement Gap?
Jessica L. Su of Coudert Brothers LLP
Enforcing foreign arbitral awards in China has never been straightforward. Foreign companies have found in the pa.
Mediation Plus: An Inexpensive Way to Dispose of International Disputes
Charles Donelan of Angela E. Peters
Mediation plus is the combination of known dispute resolution devices in an effort to circumvent the morass of litigation and arbitration, while still retaining the useful features of each.
Canadian Law on International Commercial Arbitration
J. William F. Rowley,David W. Kent and Markus Koehnen of McMillan LLP
The importance and long-term consequences of the efficient resolution of commercial disputes is undoubted in the industrialized world. Until relatively recently, the principal burden has fallen on a limited number of national court systems that have traditionally captured the majority of such disputes. However, economic liberalization and technological change over the last two decades have profoundly altered the global economy.
Employer-Mandated ADR Programs Come Under Attack
Cooley Godward Kronish LLP
This article concerns recent court decisions that effect an employers need to carefully reassess their programs requiring mandatory arbitration of employment claims.
Arbitration Over a Court Proceeding: Is There Really Any Question?
Law Office of Clifford B. Malone, Jr.
Although legal scholars can debate whether the court system can or should accommodate a quick and judicious .
To Compel Arbitration, The Dispute Must Not Only Arise Out of But Also Relate to The Parties' Agreement
Carl G. Love of Pillsbury Winthrop Shaw Pittman LLP
The Ninth Circuit has issued a recent reminder of the care which must be taken in drafting arbitration clauses in .
Consumer Guide to the Legal Fee Arbitration Program
This article discusses the legal fee arbitration program in Florida.
Texas Supreme Court Embraces Binding Arbitration in Employment Disputes
Sherry L. Travers of Thompson, Coe, Cousins & Irons, LLP
The Texas Supreme Court recently provided private sector employers some good news concerning mandatory arbitration programs. The Court's latest decision makes it clear that arbitration agreements are here to stay and that the Court is tired of continued, unfounded attacks on the enforceability of such agreements, especially in the employment context.