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Alternative Dispute Resolution (ADR) Updates

Read Alternative Dispute Resolution updates, alerts, news, and commentary from leading lawyers and law firms:
Orrick, Herrington & Sutcliffe LLP

Fourth Circuit enforces arbitration clause in credit reporting dispute

On August 1, the U.S. Court of Appeals for the 4th Circuit reversed a lower court’s decision and ordered arbitration in a dispute under the FCRA involving a consumer reporting agency. The plaintiff alleged that a consumer...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Supreme Court Rules FAA Does Not Preempt Arbitration Fee Deadline, Rejects Strict Penalties

On August 11, 2025, the Supreme Court of California ruled that the Federal Arbitration Act (FAA) does not preempt a state statute requiring employers to timely pay arbitration fees or forfeit the right to arbitration. The...more

Clark Hill PLC

California employers gain relief in arbitration fee deadline ruling

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In a highly anticipated decision, the California Supreme Court in Dana Hohenshelt v. Golden State Foods Corp. relieves some pressure for employers, holding that late payment of arbitration fees does not result in an automatic...more

Fox Rothschild LLP

8 Essential Litigation Tips for In-House Counsel and Business Leaders

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Most business disputes settle. But if you bank on settlement without preparing for trial, you put your company at a disadvantage. The best settlements come when the other side knows you are fully ready for court. That means...more

Fenwick & West LLP

CA Supreme Court: Federal Arbitration Act Does Not Preempt State Law on Timely Arbitration Fee Payment

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The California Supreme Court recently held in Hohenshelt v. Superior Court that the Federal Arbitration Act (FAA) does not preempt a California law that penalizes businesses that have consumer and employee arbitration...more

CDF Labor Law LLP

CA Supreme Court Offers Relief to Employers For Unintentional Arbitration Fee Delays

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Background: The Thirty-Day Arbitration Fee Rule - In 2019, the California legislature amended the California Arbitration Act (CAA) to require the party who drafts an arbitration agreement to pay all required arbitration...more

Mayer Brown

California Supreme Court Narrows Statute Governing Timely Payments of Arbitration Fees in an Attempt to Avoid Federal Preemption

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On August 11, 2025, the California Supreme Court decided Hohenshelt v. Superior Court, which addresses whether the Federal Arbitration Act (FAA) preempts a California statute known as Senate Bill 707 (SB 707) that regulates...more

Blank Rome LLP

From Rigid to Reasonable: Supreme Court Clarifies Arbitration Fee Payment Rules in California

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The California Supreme Court’s decision in Hohenshelt v. Superior Court marks an important moment for arbitration in California, particularly in the context of consumer disputes, employment disputes, and mass arbitrations....more

McGuireWoods LLP

Corporate Defendants Take Note: California Supreme Court Rules State Law Requiring Timely Payment of Arbitration Fees Not...

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On Aug. 11, 2025, in Hohenshelt v. Superior Court, the California Supreme Court held that the Federal Arbitration Act does not preempt California Code of Civil Procedure Section 1281.98. The statute, intended to deter the...more

Seyfarth Shaw LLP

The FAA Does Not Preempt the CAA’s Timely Pay Provisions

Seyfarth Shaw LLP on

The California Supreme Court ruled that the Federal Arbitration Act (FAA) does not preempt the California Arbitration Act (CAA) provisions that require the drafter of the arbitration agreement to pay all arbitration invoices...more

White & Case LLP

Court of Justice of the European Union delivers ruling in Royal Football Club Seraing (C-600/23)

White & Case LLP on

On 1 August 2025, the Court of Justice of the European Union (CJEU) delivered its ruling in the case of Royal Football Club Seraing.1 The CJEU found that also in the context of arbitration before the Court of Arbitration for...more

Haynes Boone

Arbitration in the Fifth – July 2025

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In July 2025, the Fifth Circuit Court of Appeals considered enforcement of an arbitration agreement contained in an attorney representation agreement, and in Barnett v. Am. Express Nat'l Bank, the court of appeals reiterated...more

JAMS

From Conflict to Clarity: Why the ADR Experience Matters in Successful Resolution

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With legal disputes at an all-time high and courts facing record backlogs, alternative dispute resolution (ADR) is more relevant than ever. As attorneys and clients turn to ADR, it is important to understand how the “behind...more

Womble Bond Dickinson

California Supreme Court Clarifies Arbitration Waiver Rule: Not as Draconian as It Seems

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The use of arbitration clauses in employment and consumer-related contracts is ubiquitous. California law requires companies facing employment and consumer claims in arbitration to pay arbitration fees and costs within 30...more

Paul Hastings LLP

California Supreme Court Issues Decision Addressing Whether the FAA Preempts California's Rule Governing Late Payment of...

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The California Supreme Court issued its decision in Hohenshelt v. Superior Court, addressing whether the Federal Arbitration Act (FAA) preempts California's rule governing late payment of arbitration fees, Cal. Code Civ....more

Buchalter

Late Fees, High Stakes: California Narrows Arbitration Fee Forfeiture Rule

Buchalter on

In its August 11, 2025 decision in Hohenshelt v. Superior Court (S284498), the California Supreme Court clarified the reach of Code of Civil Procedure Section 1281.98, the 30-day arbitration fee payment rule. While...more

Littler

California Supreme Court Takes a Bite Out of the Rigid Application of Arbitration Fee Deadlines: Hohenshelt v. Superior Court

Littler on

Case Background - A sanitation employee at Golden State Foods Corporation, signed an arbitration agreement governed by the Federal Arbitration Act (FAA) at the start of his employment. In 2020, after reporting alleged...more

Miles Mediation & Arbitration

Strategic Mediation in High-Stakes Cases: Trust, Transparency, and Early Evaluation

In high-dollar litigation, mediation is not merely a procedural requirement or a perfunctory step toward resolution. Rather, it can be a pivotal moment in the life cycle of a case. When leveraged correctly, mediation offers...more

BCLP

Getting the Settlement Agreement Right

BCLP on

In this Insight, first published in PLC, Shy Jackson considers how settlement agreements, while intended to resolve disputes, can sometimes become the source of further conflict over their interpretation and performance. ...more

Bradley Arant Boult Cummings LLP

Supreme Court Clarifies: No Minimum Contacts Needed for Personal Jurisdiction Over Foreign States Under FSIA

The U.S. Supreme Court recently issued a unanimous decision in CC/Devas (Mauritius) Ltd. v. Antrix Corp., No. 23-1201 (June 5, 2025), clarifying that the “minimum contacts” requirement is not necessary to establish personal...more

Morgan Lewis

Football Governance Act Passes into Law, Establishing Independent Football Regulator

Morgan Lewis on

The Football Governance Act, introducing a new regulatory framework and independent football regulator for the top five tiers of men’s football in England, has now passed as legislation. This LawFlash sets out some of the...more

Snell & Wilmer

IRS Issues Interim Guidance Eliminating the Acknowledgement of Facts and Expanding Access To Dispute Resolution Programs

Snell & Wilmer on

The IRS Large Business & International (LB&I) Division published an Interim Guidance Memorandum (IGM) on July 23, 2025, implementing three changes to current LB&I audit procedures. Specifically, the IGM (1) removes the...more

A&O Shearman

UK FCA appoints new interim chair of FOS

A&O Shearman on

The UK Financial Conduct Authority (FCA) has announced the appointment of Liam Coleman as interim Chair of the Financial Ombudsman Service (FOS), effective from 10 October...more

JAMS

Cathy Yanni Discusses Fire Victim Compensation Programs in CBS News Interview

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JAMS neutral Cathy Yanni was recently featured in a KCAL News segment on CBS News, where she shared her insights on wildfire compensation programs and the choices facing Altadena residents affected by the recent Eden Fire....more

A&O Shearman

UK FCA publishes Wider Implications Framework report 2024/25

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The UK Financial Conduct Authority (FCA) has published its third annual report of the Wider Implications Framework (WIF) for the 2024/25 period, covering 1 April 2024 to 31 March. The report summarises coordinated efforts and...more

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