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|Choice of Contractual Governing Law: A Key Risk Management Tool|
Stephen Antle; Borden Ladner Gervais LLP;
July 9, 2014, previously published on July 4, 2014This is the first in a series of bulletins highlighting practical strategies for dealing with common issues in international business transactions and disputes. This bulletin is about choice of contractual governing law - a key risk management tool in international business transactions.
|Arbitrator, Not Court, Decides Arbitration Agreement’s Enforceability, California Court Holds|
Jackson Lewis P.C.;
July 8, 2014, previously published on June 30, 2014A clause delegating to an arbitrator the authority to decide questions of an arbitration agreement’s enforceability was not unconscionable under California law, the California Court of Appeal has ruled. Malone v. Superior Court, No. B253891 (Cal. Ct. App. June 17, 2014).
|California Supreme Court Upholds Employment Class Action Waivers, but Rejects Waivers of PAGA Claims|
Michael S. Arnold, Evan Nadel, Jennifer B. Rubin, Dominique Windberg; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
July 4, 2014, previously published on June 30, 2014The California Supreme Court issued an important decision last week on the enforceability of employment class action waivers included in arbitration agreements. The result: private parties can contract for the waiver of the right to pursue a class action in any forum. The California Supreme Court...
|Alberta Court of Queen's Bench Upholds Restrictive Covenant in Insurance Industry|
Melissa Tennison; Davis LLP;
July 3, 2014, previously published on June 26, 2014The Alberta Court of Queen’s Bench in Renfrew Insurance Ltd. v. Cortese, 2014 ABQB 157 recently granted the Plaintiff, Renfrew Insurance Ltd. (“Renfrew”), an interlocutory injunction restraining two of its former employees, Mr. Cortese and Mr. Reed, from the following:
|Reasonable Expectations - the Expansion of Online Privacy Rights|
Stephen Mulrain; Davis LLP;
July 3, 2014, previously published on June 18, 2014In its June 13, 2014 decision in R v. Spencer, the Supreme Court of Canada has begun what will undoubtedly be a long process of delineating the privacy rights of Canadians in their online activities. Justice Cromwell, writing for the Court, started his reasons by noting that the internet has raised...
|What Happens in a Mediation Stays in a Mediation - If Your Agreement Clearly Says So|
Melissa Tennison; Davis LLP;
July 3, 2014, previously published on May 27, 2014The Supreme Court of Canada has recently decided an interesting case regarding the intersection of an absolute confidentiality clause in mediation with the exception to the common law settlement privilege that allows a party to rely on what was said in the mediation to enforce any settlement...
|Two California Appellate Decisions “Delegate” Authority From Courts to Arbitrators|
Ameneh K. Ernst; Ogletree Deakins Nash Smoak Stewart P.C.;
July 2, 2014, previously published on June 27, 2014Two divisions of the California Court of Appeal recently issued two significant decisions on arbitration agreements. Both courts held that a trial court lacks authority to determine the enforceability of an arbitration agreement if the agreement has a provision delegating that authority to an...
|Delaware Supreme Court Clarifies Standard Required To Vacate An Arbitration Award Under The Delaware Arbitration Act|
Richard J. Medoff; Semmes Bowen Semmes A Professional Corporation;
July 1, 2014, previously published on June 2014In SPX Corp. v. Garda USA, Inc., a case involving the appeal of a Court of Chancery decision to vacate an arbitration award, the Supreme Court of Delaware held that the arbitration award was not without basis in the parties’ contract and submissions, and thus was not subject to vacatur under...
|Battling the Dragons: Would Moral Rights Have Made a Difference in Recent Dragons’ Den Case?|
Amy Pressman, Andy Radhakant; Davis LLP;
June 30, 2014, previously published on June 19, 2014On May 22, 2014, the Supreme Court of Canada (“SCC”) refused to grant leave to appeal to Quebec lawyer Marc Ribeiro and his company MHR Board Game Design Inc. in an Ontario lawsuit that Mr. Ribeiro and his company brought against the national public broadcaster, the Canadian...
|Delegation Clause Directing an Arbitrator to Decide Enforceability of an Arbitration Agreement Enforceable in California|
Andrea M. Weiss, Ruth Zadikany, Lori A. Zahalka; Mayer Brown LLP;
June 30, 2014, previously published on June 24, 2014Decision: In Tiri v. Lucky Chances, Inc., the defendant-employer filed a motion to compel arbitration of its former employee’s wrongful discharge action. The parties had entered into a written arbitration agreement that contained an explicit agreement to delegate to the arbitrator any...