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Morrison & Foerster LLP - Social Media

Lawrence W. Gallick On Toth V. Everly Well, Inc.

On September 25, 2024, the U.S. Court of Appeals for the First Circuit issued its decision in Toth v. Everly Well, Inc. Socially Aware spoke to Lawrence Gallick (of counsel in Morrison Foerster’s Austin office) about the case...more

Skadden, Arps, Slate, Meagher & Flom LLP

Latin America Dispute Resolution Update – The Latest Developments in Cross-Border Disputes Involving the US and Latin America -...

US Case Law Update - US Supreme Court Decides That Courts, Not Arbitrators, Must Resolve Questions Over Conflicting Contracts - In May 2024, the U.S. Supreme Court issued an important ruling on the “gateway” issue of...more

Vinson & Elkins LLP

A(nother) Turning Point for Intra-EU ECT Disputes?

Vinson & Elkins LLP on

Two ICSID tribunals have recently upheld Spain’s intra-European Union (EU) jurisdictional objections in two arbitrations pursuant to the Energy Charter Treaty (“ECT”). Both cases arise out of Spain’s decision to modify its...more

Vinson & Elkins LLP

Inspecting The New Int'l Arbitration Site Visits Protocol

Vinson & Elkins LLP on

This September saw the publication of the International Bar Association Site Visit Model Protocol for International Arbitration, offering a framework of rules for conducting site visits in international arbitration. ...more

Lowndes

Why Homebuilders Must Carefully Structure Arbitration Clauses in Contracts

Lowndes on

Arbitration clauses in home purchase agreements and warranties can be powerful tools for resolving disputes efficiently. But as highlighted in a recent Florida appellate case, Osborne v. Drees Homes of Florida, it's essential...more

Clark Hill PLC

Mediation: The Smart Solution for Risk Mitigation, Confidentiality, and Swift Conclusion of Disputes

Clark Hill PLC on

In this article, we briefly outline the current landscape of mediation in Ireland and how it is increasingly a go-to tool for resolving complex disputes. What is Mediation?...more

Faegre Drinker Biddle & Reath LLP

Hoisting Scammers with Their Own Petard with the UDRP

With the widespread availability of domain registration and hosting services and the advent of low-cost generative artificial intelligence (“AI”) software, the creation of fraudulent websites has never been easier—or more...more

Miller Starr Regalia

The Evolving Law of Waiver Under the California Arbitration Act: Predictions for a Post-Quach World

Miller Starr Regalia on

Nearly a century ago, and recognizing the courts’ historic hostility toward arbitration agreements, Congress, followed shortly by the California Legislature, adopted laws intended to “favor” arbitration. In recent decades,...more

JAMS

Global Perspectives on Employment Disputes: Key Lessons From Cross-Border Cases

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Navigating employment disputes across borders presents unique challenges for employers and employees alike. Legal frameworks, cultural sensitivities and ethical considerations can vary greatly from one jurisdiction to...more

Mayer Brown

Legal Developments in Construction Law: October 2024

Mayer Brown on

1. AN AGREEMENT TO AGREE IS UNENFORCEABLE – OR IS IT? An agreement to agree is not enforceable.  For example, in a sale of goods contract, price is an essential ingredient, and if still to be agreed between the parties,...more

BakerHostetler

[Event] Protecting the International Project from Catastrophe - November 12th, Houston, TX

BakerHostetler on

Avoiding Risk and Responding to It - You are cordially invited to a panel discussion with industry leaders from the energy sector, hosted by BakerHostetler's Energy, International Trade and International Arbitration and...more

FordHarrison

New Jersey Judge Interprets EFAA As Requiring Employment Claims to Be Split Into Two Forums

FordHarrison on

Real World Impact: A recent New Jersey Superior Court decision interpreting the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) may require New Jersey employers to defend an employee’s...more

Bradley Arant Boult Cummings LLP

11th Circuit Confirms International Arbitration Award in Guatemalan Hydropower Project Dispute

Last week, the 11th Circuit Court of Appeals confirmed an international arbitration award in a case involving a failed hydroelectric project in Guatemala. The project involved an Engineering, Procurement, and Construction...more

McDermott Will & Emery

No Need to Call for Backup at the PTAB (Sometimes)

McDermott Will & Emery on

The US Patent & Trademark Office (PTO) published a final rule entitled, Expanding Opportunities to Appear Before the Patent Trial & Appeal Board; 89 Fed. Reg. 82172 (Oct. 10, 2024)....more

Smith Gambrell Russell

Eleventh Circuit’s Latest Decision in Corporacion AIC Highlights Narrow Review of International Arbitration Awards

Smith Gambrell Russell on

On October 16, 2024, the U.S. Eleventh Circuit Court of Appeals issued its latest decision in Hidroeléctrica Santa Rita S.A. v. Corporación AIC, SA, a long-running dispute over the potential vacatur of an arbitral award. The...more

A&O Shearman

UK Financial Ombudsman Service Updates Guidance on Handling Complaints Concerning APP Fraud, Scams and Fraud

A&O Shearman on

The Financial Ombudsman Service has published updated versions of its guidance for businesses on: (i) handling complaints concerning Authorized Push Payment fraud and other scams involving authorized payments or withdrawals;...more

JAMS

Multiparty Mediations: Strategies for Success

JAMS on

Construction projects are often complex, involving many parties, materials and systems. Likewise, many construction-related disputes are complex because they involve multiple parties as well as complex technical and legal...more

Mayer Brown

Pro-enforcement Approach - Mainland China Highlights Typical Cases on Enforcing Hong Kong Arbitral Awards

Mayer Brown on

Mainland China's Supreme People's Court (SPC) recently released a series of typical cases showcasing a favourable trend in enforcing Hong Kong arbitral awards....more

J.S. Held

Appraisal Guidelines for Useful Results (Third Edition)

J.S. Held on

“Appraisal” is a procedure typically mandated by state law or outlined in an insurance policy. Appraisal is a dispute resolution procedure intended to provide insurers and policyholders with a method to award the measurement...more

Blake, Cassels & Graydon LLP

Cour d’appel de l’Ontario : Une requête en radiation équivaut à une renonciation au droit à l’arbitrage

Aperçu Dans l’affaire RH20 North America Inc. v. Bergmann, la Cour d’appel de l’Ontario (la « CAO ») a confirmé qu’une requête en radiation de réclamations susceptibles d’être réglées par voie d’arbitrage équivaut à une...more

Seyfarth Shaw LLP

Judgment Gymnastics: Enforcing Overseas Judgments and Arbitration Awards in the U.S.

Seyfarth Shaw LLP on

Perhaps you represent a U.S. company that is entering into a contract with an overseas entity, or vice versa. You are contemplating whether the contract should provide for arbitration or litigation in the event of a dispute....more

Davis Wright Tremaine LLP

Should I Stay or Should I … Dismiss: Supreme Court Mandates Federal Courts To Stay, Not Dismiss, Actions Under the Federal...

The question is often raised whether to file a lawsuit in court if claims are subject to arbitration. There are myriad reasons (statutory requirements, statute of limitations/repose, subpoena powers of courts, etc.) why a...more

Clark Hill PLC

“VPPA Is No Dinosaur Statute” – Second Circuit Breathes New Life Into Federal Video Privacy Protection Act

Clark Hill PLC on

“Our modern means of consuming content may be different, but the Video Privacy Protection Act (“VPPA”)’s privacy protections remain as robust today as they were in 1988,” wrote Second Circuit Judge Beth Robinson in the...more

Clark Hill PLC

Alternatives to Consider in Tax Procedures Following the Judicial Reform in Mexico

Clark Hill PLC on

Note: On Sept. 15, 2024, the “Decree amending, adding, and repealing various provisions of the Constitution of the United Mexican States on the Federal Judiciary” (the “judicial reform” or “reform”) was published in the...more

Clark Hill PLC

Alternativas a Considerar en Procedimientos Fiscales Ante la Reforma al Poder Judicial de la Federación

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Nota: El 15 de septiembre de 2024, fue publicado en el Diario Oficial de la Federación (“DOF”) el “Decreto por el que se reforman, adicionan y derogan diversas disposiciones de la Constitución Política de los Estados Unidos...more

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