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Alternative Dispute Resolution (ADR) law-news Civil Remedies

Read Alternative Dispute Resolution updates, alerts, news, and commentary from leading lawyers and law firms:
Frost Brown Todd

Clicking Has Consequences: Fourth Circuit Rules Streaming Service’s Arbitration Clause in Website Registration Is Enforceable

Frost Brown Todd on

Proponents of arbitration received a victory in federal court this past Tuesday when the U.S. Court of Appeals for the Fourth Circuit issued its published decision in Dhruva v. CuriosityStream, Inc. ...more

TNG Consulting

1P2P: The Case for Process B

TNG Consulting on

ATIXA created the One Policy, Two Procedures (1P2P) Model Policy and Procedures to innovate a more comprehensive approach for Title IX and civil rights compliance for schools and colleges. ATIXA regularly updates its models...more

Robinson+Cole Construction Law Zone

Under New York Law a Recourse Provision Bars Most Claims Except for Fraud

In Iberdrola Energy Projects v. Oaktree Capital Management L.P., 231 A.D.3d 33, 216 N.Y.S.3d 124, the Appellate Division for the First Department ruled that a nonrecourse provision in a contract barred a plaintiff’s causes of...more

McDermott Will & Emery

The English Arbitration Act 2025: Developments in the Lex Arbitri of a Leading Jurisdiction for International Arbitration

McDermott Will & Emery on

On 24 February 2025, the Arbitration Act 2025 entered into force, introducing various amendments to the Arbitration Act 1996. The amendments introduced do not effectuate a large-scale reform of the arbitration law of England...more

Sheppard Mullin Richter & Hampton LLP

New York Legislature’s Proposed Amendments Would Impact Employment Agreements

Two bills recently introduced in New York’s legislature could have a major impact on New York employers seeking to enter into employment-related agreements with employees. Invalidating “Unconscionable” Contract Terms - ...more

Benesch

Navigating the Fine Print: Ninth Circuit Tightens Scrutiny on Digital Arbitration Agreements

Benesch on

A recent Ninth Circuit decision, Chabolla v. ClassPass, Inc., underscores critical considerations for retailers with online Terms of Service / Use agreements, particularly regarding arbitration provisions and related consumer...more

Ervin Cohen & Jessup LLP

Sexual Harassment Claims Preclude Arbitration Even if the Federal Arbitration Act is Not Explicitly Invoked in an Arbitration...

The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the “Act”), a federal law, is unique for its role in overriding the policy in favor of the enforcement of arbitration agreements.  The Act was...more

Miles Mediation & Arbitration

Education Divison Updates: Q&A with Tangela Richmond

In this month’s Thoughts from the Top, we speak with Tangela Richmond, our director of education, about recent updates that can be expected from our Education Division....more

CDF Labor Law LLP

PAGA Update: Key Lessons for Defending and Settling PAGA Cases

CDF Labor Law LLP on

Two recent Private Attorney General Act (PAGA) cases underscore the importance of effectively using procedural motions in defending such cases. 1.  Rodriguez v. Packers Sanitation Services LTD., LLC...more

Charles E. Rounds, Jr. - Suffolk University...

When Hostilities Break Out Between Co-trustees, Where Does That Leave Trust Counsel?

When hostilities break out between individual co-trustees, incumbent trust counsel faces a representation conundrum. In §8.8 of Loring and Rounds: A Trustee’s Handbook (2025), see appendix below, we grapple with the...more

Sheppard Mullin Richter & Hampton LLP

Appraisal of Amount of Loss is a Predicate to Article III, Injury-In-Fact Standing for a Suit Alleging Wrongful Withholding of...

50 Exchange Terrace LLC suffered losses from frozen burst pipes that caused water damage to its property and tendered a claim to its insurer, Mount Vernon Specialty Insurance Company. The parties disputed the cost of repairs...more

JAMS

How Not to Frustrate an Arbitrator

JAMS on

Common Mistakes Attorneys Should Avoid in Arbitration - A recent federal court ruling held that an arbitration award would be enforced under the facts of that case, regardless of whether the parties considered the award...more

Miles Mediation & Arbitration

The Future of In-House Dispute Resolution Processes: Factors for Employers to Consider

What happens to the embedded in-house dispute resolution process if the company turns away from the DEI (diversity, equity, inclusion) policy for various reasons, including political ones? Or fear that it is seen as setting...more

Seyfarth Shaw LLP

Key Breakthroughs in the Choice of Governing Law in Guangdong–Hong Kong–Macao Greater Bay Area

Seyfarth Shaw LLP on

On February 13th 2025, Supreme People’s Court of The People’s Republic of China (“PRC”) issued the Reply on Validity of Agreements by Hong Kong and Macao-Invested Enterprises Registered in Mainland Cities of the...more

Hogan Lovells

Recent New York decision highlights that courts can recognize a foreign judgment even without personal jurisdiction

Hogan Lovells on

In Cargill Financial Services Int’l, Inc. v. Barshchovskiy (S.D.N.Y. Feb. 18, 2025), the U.S. District Court for the Southern District of New York clarified that recognition of a foreign monetary judgment by a New York court...more

Goodwin

Amgen and Fresenius Settle Denosumab BPCIA Case

Goodwin on

On March 7, 2025, the District Court for the District of New Jersey entered a Stipulation and Order of Dismissal Without Prejudice in view of a settlement agreement between Amgen and Fresenius Kabi resolving the BPCIA...more

Hogan Lovells

IVASS rules for the implementation of the Italian Insurance Arbitrator’s proceedings

Hogan Lovells on

With the Ministerial Decree No. 215/2024, Italy has introduced the Insurance Arbitrator, a new out-of-court dispute resolution system designed to strengthen consumer protection in the insurance sector. This initiative aligns...more

Husch Blackwell LLP

Structuring the Right Deals for Growth in Life Sciences

Husch Blackwell LLP on

Innovation in life sciences isn’t just about scientific breakthroughs—it’s about making the right business decisions. Whether a company is developing AI-driven diagnostics, biotech therapies, connected medical devices, or...more

Hendershot Cowart P.C.

Timeline: What Happens After Breaking a Non-Compete Agreement in Texas

Hendershot Cowart P.C. on

Responding to a Non-Compete Violation - When an employer discovers a potential non-compete violation, they generally react within 1-4 weeks, though this can be shorter if the violation poses an immediate competitive threat....more

Vorys, Sater, Seymour and Pease LLP

California Court Creates Appellate Split On ‘Headless’ PAGA Claims

A recent decision from the California Court of Appeal for the Fourth Appellate District has created a split on whether employees can bring “headless” Private Attorneys General Act (PAGA) claims.  “Headless” PAGA refers to the...more

BCLP

“Dividing Line” in Public Policy - Insolvency and Arbitration

BCLP on

A creditor commences winding-up proceedings against a debtor company on the basis that the company is insolvent. The petition debt relates to a dispute within the ambit of the arbitration agreement between the creditor and...more

Vinson & Elkins LLP

The Arbitration Act 2025: Modernising and Streamlining English-Seated Arbitration

Vinson & Elkins LLP on

The Arbitration Act 2025 (the “2025 Act”) is a welcome update to English arbitration law and one which seeks to further London’s place as a leading seat for international arbitration. The 2025 Act received Royal Assent on 24...more

Morgan Lewis

Modernisation by Refinement: UK Arbitration Act 2025 Receives Royal Assent

Morgan Lewis on

The long-awaited Arbitration Act 2025 received royal assent on 24 February 2025, marking the culmination of a multi-year review process led by the Law Commission of England and Wales. The act introduces changes aimed at...more

Miller Canfield

Federal Appeals Court Upholds Arbitration Institution’s Authority to Consolidate Mass Arbitrations

Miller Canfield on

Defending against numerous individual arbitrations that share common factual and legal issues can cost companies significant time and money. The U.S. Court of Appeals for the Ninth Circuit recently held that such arbitrations...more

Troutman Pepper Locke

SCOTUS Declines to Decide Missouri Corporation's Question of International Comity and State Law

Troutman Pepper Locke on

International comity has long sat at the center of U.S. foreign relations law, governing how U.S. courts approach conflicting foreign laws, foreign judgments, and abstention. However, evaluation of international comity...more

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