By Ross Todd | November 18, 2019
Lawyers at Keller Lenkner claim that moves the company and its counsel at Gibson, Dunn & Crutcher took to push a new arbitration agreement directly to their "Dasher" clients via the delivery app skirted ethical rules against communicating directly with a represented party. Gibson Dunn lawyers have previously called Keller Lenkner's arbitration tactics a "shakedown."
By Greg Land | November 18, 2019
With multiple lawsuits proceeding around the country, Ohio National Life Insurance and the broker-dealers suing it for terminating trail commissions asked a Texas court to stay litigation there until an Ohio case moves forward.
The Legal Intelligencer | Commentary
By Abraham J. Gafni | November 18, 2019
Employers often fail in their attempts to enforce such provisions because they cannot demonstrate that they have satisfied a basic element in making a contract under state law, i.e., securing the acceptance of the employee.
By John M. Baker and Katherine M. Swenson | November 18, 2019
it was not until October 2019 that the Eighth Circuit analyzed the unconscionability of an arbitration clause in a retainer agreement between a law firm and its client. The court concluded, without fully addressing the issue of unconscionability, that the law firm cured any potential substantive unconscionability by offering to pay the client's share of the arbitration costs—but left open the possibility that arbitration fees might render an agreement unconscionable in another case.
By Suzette Parmley | November 15, 2019
S-1490 states: "Under New Jersey's current law, there are rules governing arbitrators and arbitration generally, but there are no rules pertaining to the regulation of arbitration organizations."
New York Law Journal | Analysis
By Albert J. Pirro Jr. | November 14, 2019
In the mediation process, the advocate is required to participate with good faith to approximate a win/win outcome. Notwithstanding, there remain significant legal duties that are expected.
By Albert J. Pirro Jr. | November 14, 2019
In the mediation process, the advocate is required to participate with good faith to approximate a win/win outcome. Notwithstanding, there remain significant legal duties that are expected.
By Sandra Mazer Moss | November 13, 2019
Today there is more of a focus on examining attorney behavior during discovery, in the courtroom and at mediation analyzing whether behavior, while entirely legal, can still present ethical problems.
By Dan Clark | November 12, 2019
"Over the years I've worked with GCs in an informal capacity and now I am a full-time mediator and arbitrator. This is consistent with the work I like to do," Noah Hanft told Corporate Counsel. "I've walked in the shoes of the current general counsel."
By Angela Morris | November 11, 2019
Former First Court of Appeals Chief Justice Frank Evans, known as "the father of alternative dispute resolution," died Nov. 9 in Bastrop. He was 91.
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