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Documents on alternative dispute resolution

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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...


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.


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...


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...


HTMLThe Marcotte Decision: The Supreme Court of Canada Rules Against Banks in Provincial Consumer Protection Class Action
David T. Neave, Rebecca R. von Rüti; Davis LLP;
Legal Alert/Article
September 23, 2014, previously published on September 22, 2014
On September 19, 2014, the Supreme Court of Canada (the “Court”) ruled in Bank of Montreal v. Marcotte (“Marcotte”) that Quebec’s consumer protection legislation is applicable to federally regulated banks such that it provides the basis for consumer class actions in...


HTMLArbitration Clauses
Zohar Barzilai, Gregory Hogan, Alexandra Iliopoulos, Alexander Pizale, Andrew Spencer; Cassels Brock & Blackwell LLP;
Legal Alert/Article
September 23, 2014, previously published on September 11, 2014
Before automatically including an arbitration clause in a commercial agreement, consider whether you really need one.


HTMLMissouri Supreme Court Invalidates Arbitration Agreement and Casts Doubt on Whether Continued Employment Constitutes Sufficient Consideration in Non-Compete Agreements
McMahon Berger A Professional Corporation;
Legal Alert/Article
September 22, 2014, previously published on September 9, 2014
Late last month, the Missouri Supreme Court ruled in Baker v. Bristol Care that continued employment was insufficient consideration for enforcing an arbitration agreement. The decision casts doubt on some arbitration agreements many employers have utilized to avoid costly and protracted court...


HTMLFourth Circuit Affirms Lower Court’s Dismissal of Complaint to Permit Arbitration on Grounds of Equitable Estoppel
Jhanelle A. Graham; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
September 19, 2014, previously published on September 2014
In Keanna Lomax v. Weinstock, Friedman & Friedman, the United States Court of Appeals for the Fourth Circuit was asked to determine whether the district court erred in dismissing, without prejudice, Plaintiff Keanna Lomax’s amended complaint to permit arbitration. Lomax’s complaint...


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