Mondaq USA: Litigation, Mediation & Arbitration > Arbitration & Dispute Resolution
Seyfarth Shaw LLP
The Seventh Circuit has now applied a clear error standard of review to a withdrawal liability arbitrator's interpretation of a collective bargaining agreement, thus enhancing ...
Carlton Fields
A Texas federal court determined that, pursuant to the parties' contract, the dispute was not arbitrable because the plain language of the arbitration clause expressly excluded suits that involved requests for injunctive relief, ...
Shearman & Sterling LLP
Inter partes review has, in a very short time, become a core part of patent litigation practice in the United States. In many cases it has replaced district-court litigation.
The Worcester Business Journal has published "10 things I know about: Causing & preventing business litigation" written by AiVi Nguyen. Below is an excerpt from the article:
Foley & Lardner
Can deleting information, even personal information, from your work computer land you in prison? That was the central question posed in USA v. Zeng, Case No. 4:16-cr-00172 in the Northern District of California.
McDermott Will & Emery
To fail the second prong of the Rogers test, the creator must explicitly mislead consumers.
Carlton Fields
In a case emphasizing the deference courts give to factual findings of arbitrators, a magistrate judge in the Eastern District of New York has confirmed an arbitration award granting damages...
Investment arbitrations typically entail an investor alleging breaches by the respondent State of protections conferred on the investor by the State in an investment treaty.
International arbitration provides, in theory, an attractive alternative to litigation for resolving cross-border intellectual property ("IP") disputes.
Stoll Keenon Ogden PLLC
The beginning of a new year presents a perfect opportunity for employers to catch up on trends and changes in laws that impact the workplace.
An increasing number of businesses incorporate escalation clauses (or "multi-tiered dispute resolution clauses") in their contracts as a means of encouraging early settlement.
Carlton Fields
The various parties disputed which state's law applied. The court ultimately denied the motion, holding the mandatory arbitration provision was unenforceable.
Proskauer Rose LLP
Surprisingly, you can, according to a recent California Court of Appeal case decided in December 2017.
Reed Smith
The Department denied Waste Management's refund claims, and the matter was appealed to the Tribunal.
Over the past two decades, the status of customary international law in U.S. courts has been the subject of vigorous debate. On the one hand, proponents of the "modernist" position contend that rules of customary international law are presumptively rules of federal law, which apply directly in U.S. courts and preempt inconsistent state law even in the absence of federal legislative or executive authorization.
Caplin & Drysdale
The Bipartisan Budget Act of 2015 fundamentally changed the rules by which partnerships, and entities taxed as partnerships (such as limited liability companies), interact with the Internal Revenue Service in an audit or litigation.
Fenwick & West LLP
When does a trademark stop being a trademark? ASPIRIN, CELLOPHANE and ESCALATOR are all examples of words that were once trademarks, but ultimately came to be used and understood by the public...
With contributions from practitioners, arbitrators, academics, and industry leaders from across the globe, the 18 chapters in the book enable readers to compare the approaches to, and learnings from...
The post analyzes the recent ICSID Award in Favianca v. Venezuela and, more broadly, addresses the issue of international claims filed after a State has denounced a treaty but before that denunciation has become effective.
Jones Day
In November 2017, 17 sub-Saharan African states reformed both their uniform arbitration law and the arbitration rules of their regional arbitration center.
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Foley Hoag LLP
Between November 27-29, over 2,000 delegates gathered in Geneva to attend the UN Forum on Business and Human Rights. The central theme of this year's Forum ...
Seyfarth Shaw LLP
A somewhat bizarre event – even by this year's standard of unusual current events – hit the news stream earlier this week, as two "Acting Directors"...
Most attorneys are aware of the ethical obligations owed to clients and take them seriously. However, instead of simply assuming that their attorneys are in compliance ...
Carlton Fields
In City of Westland Police & Fire Retirement System v. MetLife, the plaintiffs allege that the insurer overstated its earnings because it did not hold sufficient reserves for death benefit claims ...
Womble Bond Dickinson
Womble Bond Dickinson lawyer Mike Thelen regularly advises clients on eminent domain issues.
Andrews Kurth Kenyon LLP
There are certain dry questions which, to judge from conference speeches and articles, lawyers seem to spend an inordinate amount of time pondering.
Attorneys often think that an aggressive approach to litigation is part of the duty to act as a zealous advocate for clients.
Reed Smith
The Department denied Waste Management's refund claims, and the matter was appealed to the Tribunal.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
As 2018 begins and IP strategies are being developed for the new year, it is a good time to reflect on what IP issues were prominent in 2017.
Fenwick & West LLP
In Blizzard Entertainment v. Lilith Games (Shanghai) Company, a federal court denied a motion for partial summary judgment for alleged copyright infringement involving some of the biggest names...
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