Sunday Book Review: July 20, 2025, The Best Books on Business Edition
Excessive Compensation: What to do when the co-owners of your business pay themselves excessively
Building and Exiting Business Partnerships
When a co-shareholder purchases the debt obligations of the company without partners' knowledge
What happens when a majority owner makes a bad-faith capital call?
Making the Lawyer-Client Relationship Work in Challenging Litigation – Speaking of Litigation Video Podcast
Prelude to the Business Court and 15th Court of Appeals: More Questions Than Answers | Tyler Talbert | Texas Appellate Law Podcast
Navigating Corporate Divorce With Michael Einbinder
Business Courts and Other Highlights of the 88th Texas Legislature | Jerry Bullard | Texas Appellate Law Podcast
Physician Partnership Agreements: Setting Yourself Up for Success
An Inside Look as a Juror - FCRA Focus Podcast
I Wish I Knew What I Know Now: Conversations with AGG on FDA Issues - Business Divorces in the Food and Supplements Space
How can an emergency injunction save your business?
Law Brief ®: Alan Gaynor and Richard Schoenstein Explore Business Divorce
Navigating the LLC Jungle - I Know a Lawyer Podcast
Episode 5: Business Divorce, Delaware Style
CorpCast Episode 7: Better Know a Judge: the Honorable Mary M. Johnston of the Delaware Superior Court
Paths to Dispute Resolution
What is arbitration?
Should any business sign a contract that includes an arbitration clause?
In the fast-paced and high-stakes world of restaurant ownership, conflicts among business partners can arise from financial disagreements, operational decisions, or differing visions for the restaurant’s future. When disputes...more
On 1 August 2025, the Arbitration Act 2025 ("2025 Act") will come fully into force1. The 2025 Act revamps the arbitration framework for England, Wales and Northern Ireland (through amendments to the Arbitration Act 1996)....more
The Fifth Circuit Court of Appeals recently reversed a district court’s denial of a motion to compel arbitration, concluding that the contract between the parties evinced an intent to arbitrate even if the purported arbitral...more
The statistics show a robust demand for arbitration and reflect Hong Kong’s importance as an arbitral venue for resolving cross-border commercial disputes. On 20 February 2025, the Hong Kong International Arbitration...more
While entity distinctness is a bedrock principle of corporate law, it may often appear redundant and unnecessary for a limited liability company (“LLC”) to sign its own operating agreement. That was likely the thinking of the...more
The Second Circuit Court of Appeals recently rejected an attempt to vacate an arbitration award related to a maritime contract....more
The growth of new centers of international arbitration in areas of the world not historically associated with this form of cross-border dispute resolution has been a key trend in the evolution of international arbitration...more
The international arbitration landscape has been significantly reshaped in recent years, particularly in the wake of the ongoing war in Ukraine. The surge in commercial and investor-state Russia-related disputes shows no sign...more
The Hong Kong International Arbitration Centre ("HKIAC") has released its 2024 Administered Arbitration Rules ("2024 Rules"). The 2024 Rules focus on improving the time- and cost-efficiency of the HKIAC arbitral process, and...more
National Golf Management LLC sold 13 golf courses to a buyer represented by broker Andrew Waldo. NGM was represented in a previous transaction by Michael Cousins. Although Cousins had no written representation agreement with...more
Purchase agreements customarily contain provisions for resolving certain disputes by referring them to a third-party neutral decision-maker outside of litigation. For example, disputes over purchase price adjustments are...more
The recent District of Columbia District Court's decision against Lima demonstrates deference to arbitral tribunals....more
On January 15, 2024, the American Arbitration Association ("AAA") published updates to its Mass Arbitration Supplementary Rules and Fee Schedule, aimed at streamlining the mass arbitration process and reducing costs....more
The Abu Dhabi Chamber of Commerce and Industry (the "Abu Dhabi Chamber") recently announced that the Abu Dhabi Commercial Conciliation and Arbitration Centre ("ADCCAC") will be closed and replaced by a newly launched Abu...more
The U.S. District Court for the Eastern District of Louisiana recently refused to compel arbitration on the ground that the arbitral forum had ceased to exist and that a purported replacement forum was not the same forum and...more
As part of a mini-series exploring arbitration in Asia, Ian Meredith (K&L Gates, London) speaks with Dr. Mingchao Fan, the Executive Vice President of the Shanghai Arbitration Commission (the Commission), regarding...more
On June 12, Judge Hudson granted an emergency motion to stay arbitration proceedings, pending the court’s resolution of the issue of arbitrability in a case pending in the U.S. District Court for the Eastern District of...more
The case involved the sale of mist eliminators (demisters) from MECS Inc. to Axiall Canada Inc., an owner of a Canadian manufacturing facility. A key issue involved the terms of the parties’ contractual relationship as formed...more
How long and to what extent can a party litigate in court before claiming that the dispute needs to be arbitrated? That issue has come up with some frequency in state and federal courts throughout the country....more
In City of Laurel, Mississippi v. Cintas Corp. No. 2, the Ninth Circuit Court of Appeals addressed the issue whether a valid arbitration agreement existed between the plaintiff City of Laurel, Mississippi, and defendant...more
The use of arbitration clauses and agreements is not infrequent, forcing federal and state courts to address the enforceability of such agreements on numerous grounds. Courts have created variants of federal procedural rules,...more
香港原讼法庭连续两次在裁决中驳回撤销仲裁裁决时限延迟申请,在其中一案中暗示,“为整体司法利益起见”,有必要制定法律在此方面给予法院更多自由裁量权。...more
The Court of Appeal has confirmed that, subject to any agreement to the contrary, the failure to comply with pre-conditions to arbitration goes to the admissibility of a claim and should be determined by the arbitral...more
If an LLC’s Operating Agreement contains a sufficiently broad arbitration clause, most disputes raised by the LLC’s members relating to the LLC will be sent to arbitration (instead of the court system) for resolution. But...more
2021 marked a new chapter for arbitration in Ecuador: after re-joining the International Centre for Settlement of Investment Disputes Convention in June, Ecuadorian Executive Decree No. 165 in August introduced Regulations to...more