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Dispute Resolution Business Disputes

Farrell Fritz, P.C.

“Prevailing Party” Attorneys’ Fee Provisions

Farrell Fritz, P.C. on

Contracts with “prevailing party” provisions offer the tantalizing, coveted prospect of the winner recovering attorneys’ fees from the loser in legal disputes over the contract’s enforcement....more

JAMS

Agreeing to Disagree: The Complex World of Business Disputes

JAMS on

Business disputes are widely accepted as part of the cost of doing business. As businesses grapple with the high cost and resource-sapping nature of disputes, many are increasingly turning to alternative dispute resolution...more

Bradley Arant Boult Cummings LLP

Opening Up the Business Partner Time Capsule: Partnership Lessons Shared by Owners and Investors

Hindsight can be a wonderful thing, especially if hard-earned lessons are adopted by others who are willing to learn from past mistakes. When private company owners and investors share with me some of the wisdom they have...more

Bradley Arant Boult Cummings LLP

I Need to Sue My Longtime Business Partner(s): What Pitfalls Should I Consider Before Filing Suit

As a business trial lawyer representing private company owners and investors in business divorce disputes and civil litigation for many years, my experience teaches that business partners should approach litigation with...more

Farrell Fritz, P.C.

Nobody Beats the Biz: The ACC’s Advocacy for Commercial Courts

Farrell Fritz, P.C. on

Here at New York Commercial Division Practice, my colleagues and I have waxed poetic about New York’s Commercial Division, the nation’s first general trial court devoted exclusively to business litigation, by repeatedly...more

K&L Gates LLP

Arbitration in Asia Mini-series: The Shanghai Outlook

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As part of a mini-series exploring arbitration in Asia, Ian Meredith (K&L Gates, London) speaks with Dr. Mingchao Fan, the Executive Vice President of the Shanghai Arbitration Commission (the Commission), regarding...more

Conyers

A Clever Shortcut? Thoughts on the China Properties Group Case

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In the case of Re China Properties Group Limited (in Liquidation) [2023] HKCFI 2346, the Hong Kong Court has shown its commitment to providing assistance to local liquidators appointed by it by asserting in personam...more

Lathrop GPM

Tennessee Federal Court Enforces Delegation Provision and Compels Dozens of Franchisees to Arbitration

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A federal court in Tennessee recently granted a franchisor’s motion to compel arbitration, including as to questions of arbitrability, in response to a 15 count complaint brought by 54 separate franchisees. Anthony v. Van...more

International Cannabis Bar Association...

[Event] Litigation Symposium 2023 - March 20th - 21st, Los Angeles, CA

Join INCBA for a comprehensive overview of litigation in the Cannabis Industry. Our experts will cover the state of litigation in cannabis, public relations and crisis mitigation, securities litigation and shareholder...more

Conyers

The Grand Court of the Cayman Islands: reflecting on the year 2022

Conyers on

As the Grand Court of the Cayman Islands reopens for 2023, it is a good time to reflect on what transpired in 2022. A review of the filings made in the Grand Court throughout 2022 shows a very significant number of cases...more

Awatif Mohammad Shoqi Advocates & Legal...

Method of Dispute Settlement in Commercial Trade in the UAE

United Arab Emirates has made its mark as the go-to jurisdiction for commercial trade for countries all across the globe. While there is no doubt that UAE is the preferred destination for setting up new businesses, opening up...more

JAMS

Fireside Chat: A Conversation Between BLS Judges

JAMS on

See highlights of JAMS Boston’s Fireside Chat between two retired judges who have both presided over the successful Business Litigation Session (the "BLS") of the Massachusetts Superior Court. The Hon. Judith Fabricant (Ret.)...more

Ruder Ware

Resolving Business Disputes

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In a perfect world, business owners could spend all of their time and money focusing on a singular task:  running their business.  Despite the best laid plans, however, at some point ancillary concerns will arise and...more

Robins Kaplan LLP

Early Mediation in Fiduciary Disputes

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Frequent Spotlight contributor Denise Rahne sat down with former Minnesota Supreme Court Chief Justice Eric Magnuson, whose experience as a practitioner, judge, and mediator provides him with a unique perspective on early...more

Bradley Arant Boult Cummings LLP

Buy-Sell Agreements May Not Be the Holy Grail, But They Can Help Limit Headache and Heartache

Disagreements are common between business partners in private companies, but most do not lead to a partner exit. When partner conflicts become severe enough to warrant a business divorce, however, majority owners and minority...more

Farrell Fritz, P.C.

A New Opportunity to Settle Your Case Quickly with Your Adversary on the Way to Court

Farrell Fritz, P.C. on

It’s no secret to anyone litigating in the Commercial Division over the past couple years during the COVID era that the judges of the Commercial Division have been particularly keen on lightening their dockets by encouraging,...more

NAM (National Arbitration and Mediation)

Mediating Multi-Party Commercial Disputes – A Roadmap for Resolving Complex Matters

Mediation offers a less formal and more efficient process for resolving business disputes than conventional litigation. With the efforts of counsel and the mediator, the parties may be able to achieve more creative outcomes...more

JAMS

The Top Five Issues in Startup Co-Founder Separations

JAMS on

Most businesses start with a group of dedicated people identifying a problem, coming up with a solution and then figuring out how to share their solution with the world. Launching a business takes vision, vulnerability, grit,...more

BCLP

Interpretation of Arbitration Clauses: Does “may” arbitrate actually mean you “must” arbitrate? Are “no arbitration until...

BCLP on

Where an arbitration clause provides that parties “may” submit their disputes to arbitration, does this mean that arbitration is mandatory or merely permissive? What is the effect of a proviso in an arbitration clause which...more

Womble Bond Dickinson

How Collaborative Law Can Enable a Win-Win in Business

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Last month, Womble Bond Dickinson launched “Doing Well by Doing Good,” a thought leadership series focused on ways in which environmental and social governance impact business. The following article summarizes “Win-Win...more

Dorsey & Whitney LLP

PRC Companies in International Arbitration (Series 1): Introduction and Background

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With the rapid development of China’s national economy, more and more PRC companies will enter occasional disputes with foreign partners in international business dealings. Depending on their bargaining positions during the...more

Womble Bond Dickinson

[Webinar] Win-Win Dispute Resolution? Collaborative Law for Businesses - June 3rd, 12:00 pm - 1:00 pm EDT

Womble Bond Dickinson on

Divorce lawyers have praised the “collaborative law” process for decades as a tool to reach amicable resolutions to sensitive disputes. At a time of record court backlogs – and when companies are being encouraged to consider...more

Maynard Nexsen

Using Collaborative Law to Resolve Business Disputes - It's Not Just for Divorce Anymore!

Maynard Nexsen on

Disputes between members of a family-owned or closely-held business or parties to a long-standing business relationship are similar to divorces in many ways - emotions run high and the parties may need to keep working...more

Skadden, Arps, Slate, Meagher & Flom LLP

Level Playing Field Obligations: Insurance Policy or Tinderbox for Future Trade Disputes?

Takeaways - - The TCA requires parties to maintain standards in nontrade-related policy areas, particularly social, labour and environmental. - The provisions potentially may disrupt EU-UK trade disputes. - It...more

Holland & Knight LLP

Brexit: Implications for Dispute Resolution

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Brexit has now well and truly arrived and brings with it changes to a number of important areas concerning cross-border litigation between the United Kingdom (UK) and the European Union (EU). Below is a brief summary of some...more

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