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Documents on alternative dispute resolution
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|Managing Employee Terminations Checklist|
Kellianne T. Baranowsky, Hollis Gonerka Bart, John A. Farnsworth, Brooke A. Schneider; Withers Bergman LLP;
October 13, 2014, previously published on October 2, 2014A 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...
|New LCIA Arbitration Rules Come into Effect on October 1, 2014|
Vasilis F. L. Pappas, George M. Vlavianos; Bennett Jones LLP;
October 9, 2014, previously published on October 1, 2014International 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,...
|New LCIA International Arbitration Rules Come Into Effect|
David Baron, Matias Osvaldo Bietti, Andrew Briggs, Hugh E. Hackney, Thomas R. Snider; Greenberg Traurig, LLP;
October 7, 2014, previously published on October 1, 2014The 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...
|Resolving Conflict through Transformative Mediation|
Ryan M. McLane; Dressman Benzinger LaVelle psc;
September 25, 2014Transformative mediation views conflict as a crisis in human interaction.
|Is 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.;
September 25, 2014, previously published on September 22, 2014This 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...
|Second Circuit Holds Forum Selection Clause Supersedes FINRA’s Mandatory Arbitration Rule|
Robert S. Friedman, Manuel F. Gomez; Sheppard, Mullin, Richter & Hampton LLP;
September 24, 2014, previously published on September 22, 2014In 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...
|The 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;
September 23, 2014, previously published on September 22, 2014On 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...
Zohar Barzilai, Gregory Hogan, Alexandra Iliopoulos, Alexander Pizale, Andrew Spencer; Cassels Brock & Blackwell LLP;
September 23, 2014, previously published on September 11, 2014Before automatically including an arbitration clause in a commercial agreement, consider whether you really need one.
|Missouri Supreme Court Invalidates Arbitration Agreement and Casts Doubt on Whether Continued Employment Constitutes Sufficient Consideration in Non-Compete Agreements|
McMahon Berger A Professional Corporation;
September 22, 2014, previously published on September 9, 2014Late 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...
|Fourth 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;
September 19, 2014, previously published on September 2014In 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...