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Documents on alternative dispute resolution
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|How Family-Owned Businesses Can Use Mediation and Arbitration|
Erica B. Garay; Meyer, Suozzi, English & Klein, P.C.;
July 25, 2014, previously published on July 21, 2014Family-owned businesses are the backbone of our community. Most businesses in fact are family-owned, yet few succeed beyond the second generation. Can you buck this trend, and ensure that your family-owned business is preserved, relationships cultivated, and toxicity avoided? Or will you face a...
|Wal-Mart Will Have to Compensate the Former Employees of its Jonquière Establishment|
Julie C. Fortier, Guylaine Lacerte; McCarthy Tétrault LLP;
July 21, 2014, previously published on July 8, 2014On Friday, June 27, 2014, the Supreme Court of Canada ruled that Wal-Mart will have to compensate the former employees of its Jonquière establishment.
|The Florida Information Protection Act of 2014 - Businesses Have New Duties to Protect Personal Data from Security Breaches, and Face Significant Penalties for Failing to Act|
Berger Singerman LLP;
July 21, 2014, previously published on June 2014Spurred by recent national reports of massive electronic data breaches that may have compromised consumer credit and debit cards, the Florida Legislature amended existing laws on protection of electronic information. Effective July 1, 2014, the Florida Information Protection Act of 2014...
|Deposit in Commercial Real Estate Transaction Can Be Retained as Liquidated Damages Sum Even If Property Sold For More Than Original Contract Price|
Jonathan F. Claussen; Berger Singerman LLP;
July 21, 2014, previously published on July 17, 2014The Third District Court of Appeal recently ruled that a sum provided as a deposit in a commercial real estate contract could be retained as a liquidated damages amount when the buyer did not close on the transaction, even though the amount was argued to be an excessive penalty and the property was...
|The B.C. Civil Resolution Tribunal And Online Dispute Resolution: Will It Work For Your Business?|
Julia Bennett, Christopher McHardy; McCarthy Tétrault LLP;
July 17, 2014, previously published on June 30, 2014This fall, British Columbians will have a new option for resolving small claims disputes. The new Civil Resolution Tribunal will use a mix of online platforms, telephone, videoconferencing, mail and in some cases, in-person meetings, to resolve small claims matters under $25,000 and certain strata...
|Enforcing and Possibly Escaping Construction Arbitration Clauses|
Crighton T. Allen; Hall Booth Smith P.C.;
July 15, 2014, previously published on July 10, 2014The use of private arbitration to resolve disputes in the construction industry has, for many years, been a popular alternative to traditional litigation. Perhaps the most attractive feature of arbitration is the degree of control over the dispute resolution process that it affords parties. ...
|Bank Guarantees and Shipbuilding Contracts with Mainland Shipyards|
Bill Amos; Mayer Brown JSM;
July 14, 2014, previously published on July 10, 2014For a shipowner the process of buying a new vessel from a shipyard can be a hazardous venture, much riskier than buying an existing, second-hand vessel. This is because the shipowner has to part with millions of dollars “up front” to a shipyard/builder, by way of payment instalments to...
|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...