From Court to Code: Smart Contracts and Arbitration
AGG Talks: Cross-Border Business Podcast - Episode 14: Resolving Cross-Border Conflicts Through International Arbitration
Navigating Mass Arbitration: New Rules and Strategies — The Consumer Finance Podcast
#WorkforceWednesday: Avoiding Legal Illusions - Crafting Effective Arbitration Agreements - Employment Law This Week®
Through the Lens: Advancing through adversity with a hard working and multifaceted approach - Focus on Ann Marshall
Through the Lens: From serial entrepreneur to neutral who gets deals done - Focus on Daniel Garrie
Business Disputes: Key Canadian Rulings of 2023
Do You Need an Arbitration Clause in Your Energy Contract? Pros and Cons
RICO Lawsuit Against Shein — RICO Report Podcast
Report from IMPACT 2023: Richard Davies on Collaborative Integrity in Business
RICO and Foreign Arbitration Enforcement - RICO Report Podcast
California Employment News: The State of Mandatory Arbitration Agreements in California Employment
The New Playbook for Depositions - Speaking of Litigation Podcast
3 Key Takeaways | Successful Arbitration of International Construction Disputes
Clearing the Pandemic Backlog with Special Judges | Judge John Wooldridge | Texas Appellate Law Podcast
6 Key Takeaways | Presenting Damages in International Arbitration
Identifying and Quantifying Government Contract Claims
Podcast - Finding the Balance
Podcast - A Tortured Journey with the Lying Witness
Podcast - The Four Horsemen of the Lying Witness Apocalypse
Proceedings in the Hong Kong Labour Tribunal are inquisitorial in nature, differing from the adversarial approach taken in court proceedings....more
Last week, the Ontario Court of Appeal released its decision Lochan v Binance Holdings Limited, 2024 ONCA 784 [Binance], in which it refused to stay a class action proceeding in favour of arbitration. In doing so, the Court...more
The Sixth Circuit Court of Appeals recently reversed a Michigan District Court’s grant of a motion to compel arbitration and dismissal in an unpublished decision Fleming v. Kellogg Company et al., No. 23-1966....more
A targeted change to California law will prohibit non-disparagement and similar confidentiality clauses in consumer settlement agreements and refund policies. Starting January 1, 2025, businesses settling disputes with...more
In Heckman v. Live Nation Entertainment, Inc., a panel of the Ninth Circuit affirmed a lower court decision refusing to enforce the Ticketmaster arbitration provision in a purported consumer antitrust class action brought...more
The International Centre for Settlement of Investment Disputes (ICSID or the Centre) announced on August 8, that it had registered its 1,000th case under the ICSID Convention and the Additional Facility. While the Centre is...more
Disputes, AI and modern law - Q1 How should parties seek and agree a seat for ADR, and what advantages does your jurisdiction offer?...more
In DFM v DFL [2024] SGCA 41, the Singapore Court of Appeal has clarified that it is conceptually possible for a party to submit to an arbitral tribunal’s jurisdiction for the purposes of an interim application, while...more
In the UAE, car insurance offers significant financial protection in the event of accidents or damages. However, delays in compensation from insurance companies can cause unnecessary stress and financial hardship. UAE law...more
On October 28, 2024, the Ninth Circuit struck a mass arbitration agreement as unconscionable and unenforceable under California law in Heckman v. Live Nation Ent., Inc., No. 23-55770. The three-judge panel affirmed the...more
The UK Supreme Court recently handed down its judgment in UniCredit Bank GmbH v. RusChemAlliance, reaffirming the English court’s support for arbitration and for holding parties to their agreement to arbitrate. However, to...more
On 23 July 2024, a distinguished international arbitral tribunal issued a significant decision on provisional measures in Klesch Group and Raffinerie Heide v. Germany (ICSID Case No. ARB/23/49). The three arbitrators – Mr....more
The arbitration award stemmed from the pro se complaint of Joseph Ruzindana for wrongful termination against his former employer, FCA US. In the arbitration, Ruzindana claimed that he was harassed and discriminated against by...more
On October 28, 2024, the Ninth Circuit affirmed the district court’s ruling in Heckman v. Live Nation, finding Live Nation’s Ticketmaster arbitration agreement unconscionable and therefore unenforceable based on their terms...more
Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business. 4th Circuit Holds Rental Applicant Lacks Standing...more
How should parties seek and agree to ADR, and what advantages does your jurisdiction offer?...more
We previously wrote about a California federal district court decision in Heckman v. Live Nation Entertainment that denied Ticketmaster’s motion to compel arbitration of Sherman Act antitrust claims based in large part on the...more
During a recent webinar, “Dispute Resolution Considerations in Construction Contracts”, I was joined by my colleagues Chris Kolosov and Emily Anderson to discuss the dispute resolution alternatives available to parties...more
On September 10, 2024, the International Bar Association (IBA) published the Site Visit Model Protocol for International Arbitration (the Site Visit Model Protocol). This comprehensive document sets out international best...more
The Sixth Circuit recently reversed a district court’s dismissal, and order requiring arbitration of, a proposed class action alleging fiduciary breaches in connection with the Kellogg Company 401(k) plan. Fleming v. Kellogg...more
In the nonprofit sector, organizations often face unique legal challenges that require efficient and cost-effective dispute resolution mechanisms. Arbitration provisions in contracts can offer nonprofits a strategic advantage...more
Artificial Intelligence is no longer just a tool for automating mundane tasks—it’s now stepping into arenas traditionally dominated by human judgment and empathy. One of the most intriguing applications of AI is in dispute...more
The EV industry is facing multiple headwinds in 2024 including consumer pullback, but future dealmaking prospects look solid as buyers seek to safeguard future growth, with China leading the way - Dealmaking in the global...more
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
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