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Once you decide to arbitrate rather than litigate, the next crucial step is ensuring the arbitration agreement is well-drafted. While arbitration offers businesses a private, efficient, and flexible method for resolving...more
There’s a tongue-in-cheek joke within the legal industry that transactional lawyers create the problems, and the litigators get paid to clean them up. It’s a cautionary reminder to transactional lawyers: if the dealmaking...more
11 essential tips to strengthen your final arbitration submission - Writing a strong closing brief is one of the most important steps in the arbitration process. The final submission to the arbitrator offers counsel an...more
I often joke that I decided to be a mediator when I realized that scripture says, “blessed are the peacemakers” and not “blessed are the litigators.” The truth, however, is that I wanted to be a mediator since the day I...more
Choosing where to resolve a health care dispute can be overwhelming at first glance. After all, in addition to determining where a case can be brought in the first place, there is the question of where it should be brought....more
No two mediations are the same. Not only are the facts of each case different, but the litigants have different motivations, concerns and ways of presenting their thoughts and ideas. The goals and styles of presentation of...more
On this Ropes & Gray podcast, real estate investments and transactions partner David Kaye and counsel Pete Scherer are joined by litigation partner Andrew Todres to discuss one of the more taboo topics in real estate...more
The High Court has delivered a decision in AWAS Netherlands A320-1 BV v Pacific Airlines Aviation Joint Stock Company in relation to an amount of lease rental and other damages Pacific Airlines (the Defendant) owed AWAS (the...more
Most people understand that a partition lawsuit under Pennsylvania law can be used to force the division or sale of a vacant parcel of land owned jointly by two or more persons, or even a parcel of land with a house, cabin,...more
In recent years, numerous businesses have successfully enforced broad arbitration clauses, particularly those embedded in terms and conditions of online service agreements. We previously discussed a noteworthy example from a...more
Join Niall McMillan and Anders Sleight from Offit Kurman as they delve into the complexities of handling subpoenas in commercial litigation. They discuss the importance of reviewing subpoenas carefully, understanding their...more
The case of Parra Rodriguez v. Packers Sanitation Services LTD., LLC typifies the reason employers and employment counsel must stay on top of arbitration case developments....more
A key term of any franchise agreement is the venue selection clause as this page has previously explained. This issue was at the forefront of Convenience Stores Leasing & Management, LLC’s (“CSLM”) August 2024 suit...more
Settling a case does not have to be complicated. Certainly, you need to know what you are willing to pay, and you should try to find out what your adversary is willing to take. How you get there is the issue....more
Commercially reasonable efforts (CRE) provisions are a common feature in technology and life sciences agreements, particularly in development collaborations, licensing deals, and milestone-based contracts. ...more
Recent court decisions have raised the bar for enforceable arbitration provisions in website Terms of Service (ToS) agreements. E-commerce businesses must ensure their website architecture and ToS design meet current legal...more
Not all disputes require resolution by trial. In recent years, the cost savings, efficiency, and discretion afforded by arbitration and mediation have proved enticing to attorneys and clients alike. While the contents of...more
"Comity" is a principle of jurisprudence whereby, under appropriate circumstances, one country recognizes within its borders the legislative, executive, or judicial acts of another nation. Many recent court rulings have...more
I’ve noticed over the many years since this blog’s launch a disproportionate number of posts concerning disputes among restaurant co-owners. The only explanation I’ve come up with is that first-time, start-up restaurant...more
A recent federal court decision marks an important win for automotive suppliers in the ongoing debate over what constitutes a valid requirements contract under Michigan law following the Michigan Supreme Court’s decision in...more
Howard Roy Housen and Valerie Housen v. Universal Property & Casualty Insurance Company, Fla. 4th DCA, No. 4D2023-2720, January 22, 2025 - The Fourth District Court of Appeals found that the homeowners demonstrated excusable...more
A federal judge in Louisiana has dished out some harsh criticism of contractors who don’t reduce their contracts to writing. The case involves the decommissioning of 26 orphaned oil and gas wells near Baton Rouge. The...more
Nevada law requires taxpayers to meet certain prerequisites before seeking judicial review of a Nevada Tax Commission decision. Taxpayers must either pay the amount at dispute or enter into a written agreement with the Nevada...more
In this episode of The Consumer Finance Podcast, Chris Willis is joined by Matt Hansen, Jason Manning, and Michael Lacy, partners in Troutman Pepper Locke’s Consumer Financial Services practice group, to discuss the use of...more
Crowded court dockets mean the interest in, and need for, alternative dispute resolution (ADR) continues to grow throughout Texas. How can you set the stage for successful mediation? When is the right time to mediate a...more