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Documents on alternative dispute resolution
 

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HTMLFTC v. St. Luke's Health System, Ltd.: Ninth Circuit Holds that Acquisition of Physician Group Practice Violates Antitrust Laws, Requires Divestiture
Peter M. Boyle, Christina E. Fahmy, Cybil Roehrenbeck Gregory; Kilpatrick Townsend Stockton LLP;
Legal Alert/Article
February 26, 2015, previously published on February 11, 2015
On February 10, 2015, the Ninth Circuit affirmed a district court ruling in favor of the Federal Trade Commission that the acquisition of an Idaho physician group practice by St. Luke’s Health System violated the antitrust laws, specifically Section 7 of the Clayton Act. Closely watched by...

 

HTMLConsumer Associations Will Be Entitled to Bring Collective Action for Data Protection Violations
Undine von Diemar; Jones Day;
Legal Alert/Article
February 26, 2015, previously published on February 2015
The German Federal Cabinet has adopted draft legislation that, if approved, will allow civil claims to enforce violations of data protection provisions protecting consumer rights (Entwurf eines Gesetzes zur Verbesserung der zivilrechtlichen Durchsetzung von verbraucherschützenden Vorschriften...

 

HTMLProcedures for the Administration of Arbitration under the UNCITRAL Arbitration Rules
Phillip Georgiou, Ashley M. Howlett, Robert L. Thomson; Jones Day;
Legal Alert/Article
February 26, 2015, previously published on February 2015
The Hong Kong International Arbitration Centre ("HKIAC") has introduced the new HKIAC Procedures for the Administration of Arbitration under the UNCITRAL Arbitration Rules (the "New Procedures"), effective as of January 1, 2015. The New Procedures provide one system that...

 

HTMLMissouri Court of Appeals Further Restricts Arbitration Agreements
Andrew L. Metcalf, R. Lance Witcher; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
February 23, 2015, previously published on January 27, 2015
The Missouri Court of Appeals rang in the New Year by issuing an opinion that continues the trend in Missouri of restricting the enforceability of arbitration clauses. In light of this decision, employers should revisit their arbitration agreements to determine whether they are still enforceable...

 

HTMLEarly Neutral Evaluation: An Additional Tool for Resolving Disputes
Semmes Bowen Semmes A Professional Corporation;
Legal Alert/Article
February 23, 2015
There are numerous methods available to avoid the time and expense of a trial before a judge or jury if the parties to a dispute wish to do so but are unable to resolve their differences by direct negotiation. Mediation and arbitration are two examples of such devices which can be very useful in...

 

HTMLCAREFUL WHAT YOU WISH FOR: Court Affirms Award of Attorney’s Fees Based Upon Arbitration Rules
Kevin C. Baltz; Butler Snow LLP;
Legal Alert/Article
February 23, 2015, previously published on January 29, 2015
Most lawyers are fully aware of the “American Rule” - a generally universal rule of law (in the United States anyway) which provides that, absent specific authority granted by statute or a contractual agreement, a litigant is responsible for paying his or her own attorneys’ fees....

 

HTMLCalifornia Supreme Court Lets Arbitration Award Stand, Dodges “Honest Belief” Defense
Ameneh K. Ernst; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
February 23, 2015, previously published on January 30, 2015
Richey v. Autonation, Inc., No. S207536 (January 29, 2015): On January 29, 2015, the California Supreme Court issued a decision holding that an employee who is on medical leave does not have a greater right to reinstatement or to other benefits and conditions of employment than if he or she had...

 

HTMLNew Dutch Arbitration Act
Hans Urlus; Greenberg Traurig, LLP;
Legal Alert/Article
February 20, 2015, previously published on February 17, 2015
On Jan 1, 2015, the revised Dutch Arbitration Act (Act) entered into force, replacing the 1986 version of the Act. The new Act is intended to make the Netherlands’ commercial arbitration procedures more attractive to international parties, as well as improve the national arbitration system by...

 

HTMLNo Right of Appeal from Trial Court’s Order Arising under APDRA as to PIP Claim
Betsy G. Ramos; Capehart & Scatchard, P.A.;
Legal Alert/Article
February 19, 2015, previously published on January 5, 2015
A dispute arose between a chiropractic provider, Complete Care, and an automobile insurer, GEICO, over personal injury protection (“PIP”) benefits. The insured, Walter Jones, was injured in an auto accident in 2007 and treated by Complete Care. When GEICO stopped paying his bills, Jones...

 

HTMLIncreased International Arbitration in American ADR Venues
Sally Fitch LLP;
Legal Alert/Article
February 18, 2015
Arbitration and mediation of international commercial disputes takes place in a variety of venues, and the location is often determined by the commercial contract that has been brought into dispute. For offshore businesses that find themselves needing local counsel in the U.S., that likely means...

 


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