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Texas Lawyer

Is Arbitration Working?

"In a 2020 national survey, civil litigators and jurists ranked arbitration last on fairness and personal preference," writes Daniela Holmes of Lynn Pinker Hurst & Schwegmann.
5 minute read

Daily Business Review

Mediating Community Association Disputes: Tips for Attorneys, and Their Clients

Disputes are so common in fact that Florida law provides that an HOA or homeowner involved in a dispute must mediate the issue before going to court. This provision means that community association board members will likely be involved in a mediation, often for the first time, at some point.
6 minute read

Daily Business Review

Florida Supreme Court Clarifies Qualifications for Court-Appointed Arbitrators

"The amendment is a positive step, simplifying the rule and making it more straightforward for practitioners and parties to navigate," said William K. Hill, a shareholder at Gunster.
3 minute read

The Legal Intelligencer

Navigating Third-Party Discovery in Arbitration

Some of the thorniest issues arise when parties disagree as to the permissibility of third-party discovery or a third party who is not subject to the arbitration agreement refuses to respond to discovery requests. To best navigate third party (or nonparty) discovery in arbitration it is best to consider the general principles governing discovery in this setting.
10 minute read

New Jersey Law Journal

NJ Appellate Division Holds 'Clickwrap' Arbitration Provision Enforceable

"For consumers, the decision underscores the need to carefully review any terms of use or terms of service attached to a website or app," write Day Pitney's Michael L. Fialkoff and Andrew R. Ingalls
5 minute read

New Jersey Law Journal

3-Letter Word: Law Firm Partners Feud Over Contract Language

"Instead of using the phrase 'agree to' in the sentences about arbitration, the parties used 'may,'" two appellate judges wrote.
4 minute read

Law.com

Judge Approves $795K Settlement in Class Action Over Misclassification of Delivery Drivers

"We think this is a very favorable resolution of misclassification and deduction claims under the Massachusetts Wage Act, which provides significant relief to the 47 class members involved," Olena Savytska of Lichten & Liss-Riordan said of the $795,000 settlement on behalf of delivery drivers misclassified as independent contractors.
3 minute read

Daily Report Online

Do We Have an Agreement? Don't Forget the Terms!

Litigators know there is nothing more disheartening than reaching an agreement at mediation—which may take hours or even days—only to have the resolution fall apart because of a disagreement over the final terms.
5 minute read

International Edition

Trio of Firms Act On Multibillion Dollar Claim Over Iran-Pakistan Gas Pipeline Deal In Paris

It has been widely reported that the dispute could lead to Pakistan facing circa $18 billion in liabilities.
2 minute read

Legaltech News

The Ninth Circuit Got It Very Wrong in 'Heckman v. Live Nation'

"The 'Heckman' ruling is disappointing, and it also underscores the misconceptions surrounding arbitration, even among federal appellate court judges," write New Era ADR's Rich Lee, Collin Williams, Michelle Tyler and Shane Mulrooney.
8 minute read

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