How the Boards of Contract Appeals Work—And Why It Matters for Your Bottom Line
The Labor Law Insider: How Arbitrations Help Preserve Labor-Management Peace, Part II
What’s in Your Operating Agreement? Legal Tips for Healthcare Providers
The Rise of OTAs in Defense Contracting: Opportunities, Risks, and What Contractors Need to Know
A Counterintuitive Approach to Winning Without Litigation: One-on-One with Haley Morrison
Podcast - Ejecución de facturas electrónicas
The Labor Law Insider: How Arbitrations Help Preserve Labor-Management Peace, Part I
Master the First Moves in Litigation for Courtroom Advantage – Speaking of Litigation Video Podcast
Expert or Arbitrator? — PE Pathways Podcast
Corporate Divorce – Preventing and Managing the Break-Up of a Business Partnership
London Partner Roberta Downey Wired for Disputes: Tech, Infrastructure, and the New Frontier of Risk
The Subpoena Playbook
The Power of Lawyer Letters
Mock Jury Exercises: Enhancing Litigation Strategy in Consumer Financial Services Cases — The Consumer Finance Podcast
Building and Exiting Business Partnerships
Consumer Finance Monitor Podcast Episode: “Accidental Arbitration” -- A New Theory that Would Rein in Consumer Arbitration Clauses and the Scope of the FAA
Navigating Executive Orders: Strategies for Managing Stop Work Orders and Terminations
How Much an Arizona Divorce Will Cost
Recent Developments in California's Arbitration Landscape — FCRA Focus Podcast
New York’s Commercial Division has long prided itself on adopting practices and procedures similar to the federal courts. A recent amendment to its rules takes a further step in that direction by mandating initial disclosures...more
Having recently transitioned from being a litigator to serving as a discovery neutral, I've gained a distinct perspective on the role of discovery neutrals in our legal system. This experience has highlighted both the...more
In a decision with potentially wide-ranging implications, the Fourth Circuit Court of Appeals reversed a district court’s decision to deny a national bank’s motion to compel arbitration, finding that amendments to the...more
Frequent readers of this blog know that we are not shy in acknowledging the Commercial Division’s status as the leading forum for resolving complex business disputes. This reputation can be, in part, largely attributed to the...more
Effective management of discovery disputes is critical in litigation, particularly as courts enforce stricter adherence to discovery deadlines. A recent decision in Valeo Schalter und Sensoren GmbH v. NVIDIA Corp. highlights...more
You may recall Shakespeare’s line from Henry VI, Part 2, Act IV, Scene 2, spoken by the noted legal scholar, Dick the Butcher, “the first thing we do, let’s kill all the lawyers.” If we’re talking about fixing arbitration,...more
The Alberta Rules of Court require parties to an action before the Alberta Court of King’s Bench to participate in some form of alternate dispute resolution process before they can attend trial....more
On April 18, 2024, the U.S. Department of Health and Human Services (HHS) Health Resources and Services Administration (HRSA) released a new Final Rule for its oft-criticized 340B Administrative Dispute Resolution (ADR)...more
Disputes between 340B Drug Pricing Program-covered entities and the drug manufacturers required to sell outpatient drugs to those entities at discounted prices will be governed by an alternative dispute resolution (ADR)...more
Taking a closer look at the JAMS Mass Arbitration Procedures and Guidelines - What are mass arbitrations, and why in recent years have there been so many of them? The U.S. Supreme Court has made clear in a series of...more
The goal of mediation is to settle a claim or lawsuit. However, there is an important element of mediation that should never be overlooked — creating, and signing, the mediation agreement after the issues have been resolved...more
On November 29, 2022, the Health Resources and Services Administration (HRSA) issued a proposed rule (Proposed Rule) to revise the alternative dispute resolution (ADR) procedures for disputes arising under the 340B drug...more
Citing “policy and operational challenges” with the current 340B Administrative Dispute Resolution (ADR) Process, the US Department of Health and Human Services (HHS) has issued a new Proposed Rule to modify the current ADR...more
If you represent clients in dispute resolution matters for any substantial period of time, eventually you will encounter an adversary who refuses to appear and participate in an arbitration proceeding. Perhaps this adversary...more
Mediation is very effective in resolving disputes. Franchisors are enthusiastic about mediation, especially pre-suit, because it can eliminate the need to disclose settlements to prospective franchisees otherwise required...more
On December 10, 2020, HRSA issued a final rule (the Final Rule) implementing the 340B Drug Pricing Program administrative dispute resolution (ADR) process–an overdue mandate from the Affordable Care Act. Under the Final...more
The legal community’s forced apprenticeship with remote technology during the COVID-19 pandemic changed, almost overnight, how litigation is conducted in the United States. From mundane interactions like client meetings to...more
The U.S. Supreme Court may at last get the opportunity to determine definitively whether a foreign or international private commercial arbitration proceeding constitutes a “tribunal” under 28 U.S.C. § 1782(a), which affords...more
Efficiency and integrity of process – The American legal system. The American legal system, founded on notions of fairness and due process, is respected throughout the world for its ability to deliver predictable,...more
WHAT IS THE DEFINITION OF CLASS/COLLECTIVE ACTIONS IN YOUR JURISDICTION? ARE THEY POPULAR AND WHAT ARE THE CURRENT TRENDS? Definition of class/collective actions - In the US, a class action is a form of...more