Searching Content indexed under Arbitration & Dispute Resolution by Blank Rome LLP ordered by Published Date Descending.
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Goodbye Uber Class Action, Hello Individual Arbitration
Last week, in a significant blow to claims that gig economy workers are entitled to pursue disputes on a class or collective basis, and possibly whether those workers will be able to establish that they are employees and not independent contractors, a three-judge panel of the Ninth Circuit Court of Appeals unanimously decertified a class of 240,000 Uber drivers.
United States
9 Oct 2018
U.S. Supreme Court Rules That Federal Arbitration Act Pre-Empts CA Law Against Class Action Waivers
Action Item: The United States Supreme Court continues to find that federal law strongly favors arbitration clauses. The Supreme Court's decision in DIRECTV should provide some reassurance to companies that arbitration clauses in consumer contracts should be enforced by the courts.
United States
23 Dec 2015
PRP In CERCLA Enforcement Action Saves Millions Of Dollars With Successful Divisibility Defense
In a victory for potentially responsible parties ("PRPs") at multiparty contamination sites, a federal district court in United States v. NCR Corp., No. 10-C-910 (E.D. Wis. May 15, 2015)...
United States
26 May 2015
Ninth Circuit Holds That Putative TCPA Class Action Is Not Subject To Arbitration Clause In Shrinkwrap Contract
Companies utilizing "shrinkwrap" contracts within product packaging or in "Welcome Kits" should take steps to conspicuously disclose the terms of such agreements.
United States
18 Dec 2014
Why Arbitration? Why Not?
In negotiating and drafting agreements for maritime and energy transactions, the parties inevitably consider whether and, if so, how to define the process for dispute resolution.
United States
27 Oct 2014
Third Circuit Rules Class Arbitration A Question For The Courts
In a precedential ruling, the U.S. Court of Appeals for the Third Circuit in Opalinski v. Robert Half Int’l recently held that a federal judge—not an arbitrator—should decide whether an agreement between individuals to arbitrate employment disputes should extend to class-wide arbitration. 2014 U.S. App. LEXIS 14538 (3d Cir. July 30, 2014).
United States
8 Aug 2014
Second Circuit Finds Class Action Waivers Not Barred By FLSA
The U.S. Court of Appeals for the Second Circuit recently held that the Fair Labor Standards Act ("FLSA") does not bar class action waivers.
United States
22 Jan 2014
An Update On The Collection Of Evidence In The United States For Use In Foreign Private Arbitrations
The articles discusses the update on the collection of evidence in the United States for the use in foreign private arbitrations.
United States
29 Jan 2013
Delaware District Court Strikes Down Delaware Chancery’s Confidential Arbitration Procedures As Unconstitutional
Yesterday, the United States District Court for the District of Delaware held that arbitration procedures enacted by the Delaware legislature and established by the Chancery Court Rules to streamline and expedite lawsuits were unconstitutional because they permitted state court proceedings to be conducted without access to the public.
United States
3 Sep 2012
Ongoing Dispute Between CIETAC And Its Sub-Commissions
An internal dispute between the China International Economic and Trade Arbitration Commission ("CIETAC"), China’s leading arbitration institution, and its sub-commissions, CIETAC Shanghai Commission ("CIETAC-SH") and CIETAC South China Commission ("CIETAC-SC"), has escalated recently since it initially came to the public attention earlier in 2012.
30 Aug 2012
Court Approves Use Of Technology That Dramatically Cuts Cost Of Discovery
The early stages of large litigations have long been consumed by manual document review—namely—junior lawyers who spend weeks or months culling through mountains of documents at great expense to the client.
United States
4 May 2012
Third Circuit Holds That Failing To Produce Original Documents In Discovery Can Be Considered Spoliation
In a precedential ruling with significant implications on the way parties conduct discovery in Federal Court, on January 4, 2012, the United States Court of Appeals for the Third Circuit issued a decision in Bull v. United Parcel Service, Inc., No. 10-4339 (3d Cir. Jan. 4, 2012).
United States
10 Jan 2012
New Arbitration Ordinance In Hong Kong - 1st June 2011
Hong Kong has introduced a new Arbitration Ordinance which became effective on 1st June 2011.
Hong Kong
6 Jul 2011
Supreme Court Upholds Waiver Of Right To Pursue Class Arbitration
On April 27, 2011, in AT&T Mobility LLC v. Concepcion, No. 09-893 (U.S. April, 27, 2011), the Supreme Court of the United States determined that the Federal Arbitration Act ("FAA") preempted a California law "classifying most collective-arbitration waivers in consumer [adhesion] contracts as unconscionable" and, therefore, unenforceable (the "Discover Bank rule").
United States
3 May 2011
New York: A Home For The New York Convention: Pre-Award Attachment And Post-Award Enforcement
One of the world's leading commercial treaties, with over 140 signatory states, is the U.N. Convention On The Recognition And Enforcement Of Foreign Arbitral Awards.
United States
23 Mar 2011
International Litigation & ADR Update
Multinational corporations face three types of risk on compliance­-related matters: 1) the risks that they know, 2) the risks that they know they don't know, and 3) the risks that they don't know they don't know.
United States
18 Mar 2011
Recovery of Hedging Losses as Consequential Damages in New York Arbitration
The scenario is common enough: an owner voyage-charters its bulk cargo vessel to a charterer to load a cargo of, say, wheat, for carriage from Point A to Point B. En route, the vessel suffers serious mechanical problems resulting in a long delay in the delivery of the cargo.
United States
9 Mar 2011
U.S. Supreme Court Declines to Compel Class Arbitration
In a recent decision that could have broad effects on employment arbitration, the Supreme Court of the United States ruled that parties cannot be compelled to submit to class arbitration absent a specific agreement to do so.
United States
5 May 2010
U.S. Supreme Court Holds That Age Discrimination Claims Are Subject To Collectively Bargained Arbitration
The Supreme Court of the United States recently issued a decision that resolves the long-standing controversy over whether statutory discrimination claims are subject to binding arbitration under the grievance and dispute resolution procedures of a collective bargaining agreement (“CBA”).
United States
30 Apr 2009
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