Quick Guide to Administrative Hearings
Consumer Finance Monitor Podcast Episode: Prominent Journalist, David Dayen, Describes his Reporting on the Efforts of Trump 2.0 to Curb CFPB
Notorious: The RBG Podcast - Episode 11: Three Cheers for Beer: A Discussion of Craig v. Boren
The M&A Word of the Day® from the Book of Jargon® – Global Mergers & Acquisitions Is Revlon Doctrine
Konczal: Dodd-Frank Reforms Get Roughed Up in Court
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
Over two years ago, the United States Supreme Court divested the federal courts of jurisdiction over all but a few disputes concerning the confirmation or vacation of arbitration awards. Since then, the federal appellate...more
In Sacramento Drilling Inc. v National Casualty Co., the U.S. District Court for the District of Oregon addressed an amended motion to compel arbitration brought by defendant National Casualty Co. seeking to limit arbitration...more
A federal court in New York recently ruled that an interim arbitration order was final and granted a developer’s petition to confirm the order which required the franchisor to make payments to the developer while the...more
In G v N [2023] HKCFI 3366 (judgment date: 29 December 2023), a Hong Kong court considered the question of whether and to what extent it is open for the court to review an arbitrator’s ruling on matters of public policy. The...more
Our November update includes a Supreme Court decision on employment status and the right to join a trade union, whether a bonus clawback clause can be an unlawful restraint of trade, and how to deal with a “heat of the...more
In 廣東順德展煒商貿有限公司 v Sun Fung Timber Company Limited [2021] HKCFI 2407, a Hong Kong court set aside an enforcement order in respect of an arbitral award, after finding that the shareholder-director of the respondent had colluded...more
Many construction contracts include provisions requiring the parties to arbitrate disputes relating to the contract or construction project rather than bringing their claims in a court of law. Often times, the arbitration...more
Some employers concerned about the risks and expenses that accompany employment litigation instead require their workers to agree to mandatory arbitration of employment claims. Last week, the Fourth Circuit Court of Appeals...more
The Canadian Institute’s 20th Annual Conference on Advanced Administrative Law and Practice returns this year, in a fully virtual and interactive format, to help you make sense of these developments, understand how you are...more
Sanchez v. Martinez, No. C083268, 2020 WL 5494239 (Cal. Ct. App. Sept. 11, 2020) - Summary: Piece-rate employees who are provided with unpaid rest breaks are entitled to damages in the amount of the minimum wage for actual...more
Bass, Berry & Sims attorney Chris Lazarini discussed a court’s authority to compel arbitration where FINRA has declined to accept a case. In this case, following the Director of FINRA’s Office of Dispute Resolution...more
On June 15, 2020, the U.S. Supreme Court granted certiorari in Henry Schein, Inc. v. Archer and White Sales, Inc. to decide a question that has divided the federal circuit courts and state supreme courts: “whether a provision...more
QWR Responses - Kavanagh v. Specialized Loan Servicing, LLC, N.D.Ohio No. 3:17CV892, 2020 U.S. Dist. LEXIS 46255 (Mar. 17, 2020) - In this case, the Northern District of Ohio granted in part and denied in part the loan...more
Constitutional Court Accepts Judicial Review of Fiducia Security Law - Following the judicial review of Article 15(2) and Article 15(3) of Law No. 42 of 1999 on Fiducia Security (the “Fiducia Law”), the Constitutional...more
This edition of Employment Flash looks at recent NLRB activity, including its issuance of a decision suggesting two members would be willing to reconsider a precedent regarding surveillance of employees’ union activity. We...more
Two years after the #MeToo Movement made the prevalence of sexual harassment and sexual assault in the workplace known worldwide, the Alberta Court of Appeal in Calgary (City) v. Canadian Union of Public Employees Local 37,...more
The U.S. Supreme Court’s 2018 term was a busy one for arbitration, with the Court issuing rulings in three cases addressing questions of the reach and interpretation of the Federal Arbitration Act (FAA). The Court has already...more
Alternative dispute resolution is a popular alternative to civil litigation which is often slow and costly. Alternative dispute resolution, however, is not new. Homer, for example, mentions arbitration in The Iliad. See...more
Supreme Court Trims Judicial Role Under Federal Arbitration Act - The Federal Arbitration Act (FAA), 9 U.S.C. § 1 et seq., continues its ubiquitous presence on the U.S. Supreme Court’s docket. Hardly a Term has gone by in...more
In July 2018, our Construction Alert addressed the question of who decides the arbitrability of a dispute when your contract includes an arbitration clause. Is it a court or the arbitrator? How did the “wholly groundless”...more
The Federal Arbitration Act (FAA), 9 U.S.C. § 1 et seq., continues its ubiquitous presence on the U.S. Supreme Court’s docket. Hardly a Term has gone by in recent years without at least one decision by the Court interpreting...more
Can arbitrators determine what issues they have the power to decide? According to the U.S. Supreme Court, they can, provided there is “clear and unmistakable evidence” the parties intended to delegate threshold questions to...more
Polsinelli recently defeated a motion to dismiss a client’s judicial review of an arbitration award, successfully arguing that adopted arbitration rules that waive appellate rights do not waive a party’s right to judicial...more
On January 8, 2019, the US Supreme Court held in Henry Schein, Inc. v. Archer & White Sales, Inc., 586 U.S. --- (Jan. 8, 2019), that when a contract delegates to arbitrators the question whether a dispute is subject to...more