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HTMLRecent Judgment Handed Down in Swaps Litigation
Richard Caird, Sam Coulthard, Alexandra Doucas; Dentons Canada LLP;
Legal Alert/Article
November 17, 2014, previously published on October 1, 2014
In the continuing march of swaps litigation, each new judgment handed down represents a fresh carcass over whose bones those involved in such litigation inevitably pick for insights as to how future cases are likely to be decided. The recent judgment in the Crestsign litigation may well prompt the...

 

HTMLCloud Services - Guidelines For Service Level Agreements
Bradley J. Freedman; Borden Ladner Gervais LLP;
Legal Alert/Article
November 10, 2014, previously published on October 16, 2014
Cloud services are becoming increasingly important to organizations of all kinds. The European Commission recently issued Cloud Service Level Agreement Standardisation Guidelines to assist cloud service providers and cloud service customers. The Guidelines identify and explain many important issues...

 

HTMLEarly Termination Payment Calculated Under ISDA Master Agreement Enforced Against Quasi-Public Body Lacking Capacity
Richard Caird, Sam Coulthard, Alexandra Doucas; Dentons Canada LLP;
Legal Alert/Article
November 5, 2014, previously published on October 16, 2014
Mr Justice Andrew Smith (the Judge) has recently handed down judgment in a claim by Credit Suisse against a Dutch social housing foundation, Vestia, for the sum of approximately €83 million. For those who have followed the recent spate of disputes between banks and quasi-public bodies...

 

Adobe PDFThe Impact of the Contracts (Rights of Third Parties) Bill on Employers and Employees
Duncan A. W. Abate, Anita W. C. Lam, Hong Tran; Mayer Brown JSM;
Legal Alert/Article
October 16, 2014, previously published on October 13, 2014
Do you ever enter into agreements with any union? Do you ever outsource the provision of benefits to employees through a service provider? Do you provide benefits to dependants or associates of your employees? If so then you may need to change some of your agreements

 

HTMLManaging Employee Terminations Checklist
Kellianne T. Baranowsky, Hollis Gonerka Bart, John A. Farnsworth, Brooke A. Schneider; Withers Bergman LLP;
Legal Alert/Article
October 13, 2014, previously published on October 2, 2014
A thorough review of an employee’s personnel file, before making a decision to terminate, allows the employer to make an informed termination decision with managed risk. For example, what rights and obligations does the employer have under the employment documentation? Is there sufficient...

 

HTMLNew LCIA Arbitration Rules Come into Effect on October 1, 2014
Vasilis F. L. Pappas, George M. Vlavianos; Bennett Jones LLP;
Legal Alert/Article
October 9, 2014, previously published on October 1, 2014
International arbitration is often selected over traditional litigation for resolving commercial disputes, as it is typically perceived that arbitrations can be undertaken more efficiently and swiftly than litigation. In recent years, and in the face of disputes that are becoming ever-more complex,...

 

HTMLNew LCIA International Arbitration Rules Come Into Effect
David Baron, Matias Osvaldo Bietti, Andrew Briggs, Hugh E. Hackney, Thomas R. Snider; Greenberg Traurig, LLP;
Legal Alert/Article
October 7, 2014, previously published on October 1, 2014
The London Court of International Arbitration (LCIA), one of the world’s leading international arbitral institutions, has issued an updated set of procedural rules for LCIA-administered arbitrations. The updated rules replace the LCIA’s previous rules, which had been in force since...

 

HTMLIs Your Arbitration Agreement Still Enforceable in Missouri After Baker v. Bristol Care, Inc.?
Andrew L. Metcalf, Eric A. Todd; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 25, 2014, previously published on September 22, 2014
This summer, the Missouri Supreme Court issued a decision that will affect arbitration agreements relied on by employers across the state. The decision—one of many in a recent trend of Missouri cases restricting the enforceability of arbitration clauses—serves as a cautious reminder for...

 

HTMLResolving Conflict through Transformative Mediation
Ryan M. McLane; Dressman Benzinger LaVelle psc;
Legal Alert/Article
September 25, 2014
Transformative mediation views conflict as a crisis in human interaction.

 

HTMLSecond Circuit Holds Forum Selection Clause Supersedes FINRA’s Mandatory Arbitration Rule
Robert S. Friedman, Manuel F. Gomez; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
September 24, 2014, previously published on September 22, 2014
In Goldman, Sachs & Co. v. Golden Empire Schools Financing Authority, No. 13-797-cv, 2014 WL 4099289 (2d Cir. Aug. 21, 2014), the United States Court of Appeals for the Second Circuit held that a forum selection clause in a broker-dealer agreement superseded FINRA’s mandatory arbitration...

 


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