News & Analysis as of

Dispute Resolution Coronavirus/COVID-19

Butler Snow LLP

The Demise of the Civil Jury Trial: Why It Might Be Happening and Why It Matters

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Much has been written about the demise of the civil jury trial, while not as much has been written as to whether this is a good or bad development. California Superior Court Judge Curtis Karnow, writing recently in the...more

A&O Shearman

An almost plane-ful mistake - rectification vs interpretation

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In dealing with a series of intertwined contracts, the English High Court found that the correct interpretation of a contract meant that an airline had had its obligations to make overdue payments terminated but then...more

McDermott Will & Schulte

Healthcare Regulatory Check-up Newsletter | April 2024 Recap

This issue of McDermott’s Healthcare Regulatory Check-Up highlights regulatory activity for April 2024. We discuss several US Department of Health and Human Services (HHS) agency actions, including the Calendar Year (CY) 2025...more

NAM (National Arbitration and Mediation)

MedMal Disputes – Negotiating a Settlement is Still the Best Method of Resolution

Someone told me, long ago, that the days go slowly, and the years fly by.  No statement can be more accurate when referring to the past four years.  Because on Tuesday, March 17, 2020, while still serving as a Justice of the...more

Holland & Knight LLP

Holland & Knight Health Dose: January 24, 2024

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Holland & Knight Health Dose is an in-depth weekly dose of legislative and regulatory insights to keep stakeholders abreast of happenings in Washington, D.C., impacting the health sector....more

JAMS

Being Open to All Possibilities in Mediations

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Let’s put mediation aside for a moment (I promise I will get back to it) and focus on the practice of law pre-pandemic. All attorneys and staff were expected to work in the office. Exceptions included going to court and...more

Miles Mediation & Arbitration

The Case for Mediating Nursing Home Cases Post-COVID

While nearly any type of lawsuit or issue can be addressed at mediation, certain types of cases are even more well-suited to mediation or other forms of alternative dispute resolution. Nursing home claims and lawsuits are a...more

Miles Mediation & Arbitration

The Emerging Overlap Between COVID-19 and Employment Law Litigation

Prepared lawyers come to mediation with case authority or with information about jury verdicts in similar cases in hand. They will use it artfully to support their position, diminish the case of their opponent, or both. In...more

American Conference Institute (ACI)

[Event] 14th Annual Advanced Forum on Managed Care Disputes and Litigation - March 29th - 30th, Chicago, IL

Hosted by ACI, 14th Annual Advanced Forum on Managed Care Disputes and Litigation returns for another exciting year with curated programming that will help you make sense of these developments, and their profound impact on...more

Foley & Lardner LLP

Key Takeaways from the Foley/PYA “Let’s Talk Compliance” 2-Day Virtual Conference

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Session #1: State of the Healthcare Industry Effective Compliance Plans and Enforcement Trends - In their discussion of compliance program effectiveness and enforcement, attorneys Kolarik and Waltz and Ms. Sumner...more

JAMS

Dealing With Workplace Conflict

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The workplace can be a source of tremendous collaboration, collegiality and productivity. It can also be home to conflict and mistreatment by fellow employees and employers. Workplace discrimination is just one example of the...more

Latham & Watkins LLP

Complex Commercial Litigation Law Review - Fifth Edition - England & Wales

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The courts of England are some of the most established fora for dealing with complex commercial litigation. The Civil Procedure Rules (CPR) that apply to English civil litigation, which govern every aspect of cases from...more

Holland & Knight LLP

Holland & Knight Health Dose: November 29, 2022

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Holland & Knight Health Dose is an in-depth weekly dose of legislative and regulatory insights to keep stakeholders abreast of happenings in Washington, D.C., impacting the health sector. This week's topics include . . ....more

JAMS

The Evolving Nature of Employment Disputes and How ADR Offers an Effective Means of Resolving Issues

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While the nature of the work environment has been evolving over the past few years, employment disputes remain a constant. Clearly, COVID has impacted the workplace and has led to a host of disputes across nearly every...more

Hogan Lovells

UK COVID-19: Tenants are now out of time to trigger the arbitration scheme on COVID arrears

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The Commercial Rent (Coronavirus) Act 2022, which came into force on 24 March 2022, introduced a binding arbitration scheme to deal with arrears of commercial rents which accrued during the pandemic, referred to in the Act as...more

BCLP

Leasing - liability for rent during the pandemic

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Roger Cohen of Bryan Cave Leighton Paisner asks: is the tenant of commercial premises in England liable to pay rent whilst the premises were closed for the pandemic? Or has the tenant a defence to such a claim, thereby...more

BCLP

Like buses...nothing for months then three Covid arrears arbitration awards all at once

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Falcon Chambers Arbitration has recently published three awards under the Commercial Rent (Coronavirus) Act 2022, that provide welcome guidance on the interpretation and application of the 2022 Act....more

Hogan Lovells

UK COVID-19 rent arrears arbitration scheme: no protected rent arrears for office premises

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The Commercial Rent (Coronavirus) Act 2022 introduced a statutory arbitration process for landlords and tenants to resolve disputes over commercial rent arrears accrued during the COVID-19 pandemic. The scheme applies to all...more

JAMS

How Best to Resolve Conflicts in the Health Care Setting

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The world of health care has changed dramatically during the past two years. It was already experiencing various pressures, and with the arrival of the COVID-19 pandemic, existing problems, like increasing costs and worker...more

JAMS

Mediating Employment Disputes: Between a Clock and a Hard Case

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The COVID-19 pandemic has forced companies across all industries and around the globe to recognize that there are differences in how their employees live and thrive. The barriers to an equitable work environment are being...more

Bressler, Amery & Ross, P.C.

FINRA Dispute Resolution Update: The More Things Change . . .

As it was for the rest of the world, 2021 was an interesting year for the Financial Industry Regulatory Authority (FINRA). Originally published in American Bar Association’s Securities Litigation section - March 17th,...more

Bressler, Amery & Ross, P.C.

Virtual Arbitrations Before FINRA: An Update and a Look Forward

As we approach year three of the COVID-19 pandemic, FINRA Dispute Resolution’s arbitration hearings are being heard both in-person and via Zoom. Originally published in American Bar Association’s Alternative Dispute...more

JAMS

And Just Like That… I Mediated in Person: My Journey Back to the Office

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Last week, I mediated a case in person for the first time in 23 months. I loved it. It was incredibly liberating to walk through the halls and knock on doors, to make eye contact with and observe the body language of others...more

Hogan Lovells

UK government publishes working draft guidance for arbitrators under the COVID-19 arrears arbitration scheme

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In this article we consider the working draft guidance published for arbitrators in relation to the new COVID-19 commercial rent arrears arbitration scheme, which is expected to come into force on 25 March 2022 under the...more

ArentFox Schiff

ICSID Releases Caseload Statistics for Record Year 2021

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On February 7th, 2022, the International Centre for Settlement of Investment Disputes (ICSID) published the latest edition of its Caseload Statistics, confirming the strong demand for ICSID Arbitration despite challenges...more

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