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Clauses
In almost every patent dispute, arbitration and/or mediation can provide a cheaper, faster, and better alternative, even where the issues are complex and the stakes are high.
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The Second U.S. Circuit Court of Appeals held a class arbitration waiver in a law student loan contract was unconscionable under California law, and invalidated the arbitration agreement.
But in light of an April U.S. Supreme Court decision, the panel noted that it could not authorize the plaintiff, a practicing attorney who filed suit over misallocation of his student loan payments, to proceed with a class arbitration.
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This checklist is taken from CPR's Master Guide Series on Conflict Prevention and Resolution, Drafting Dispute Resolution Clauses, Better Solutions for Business.
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The U.S. Supreme Court, in a 5-4 opinion today by Associate Justice Antonin Scalia, ruled that an enforceability challenge to an agreement to arbitrate under the Federal Arbitration Act (9 U.S.C. § 1, et seq.) must be specific before a district court can hear the dispute.
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The scenario is all too familiar. The deal is done, the contract is signed, and no sooner than the ink is dry, the fighting starts. Disagreements begin innocently enough. A simple misunderstanding starts with little more than a few testy emails. Tensions escalate. Meetings are called, but nothing is resolved. Both sides bring in their litigators. Everything begins to dissolve, except of course, for the costs of litigation.
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Daniel Winslow, a Boston partner and litigator at international law firm Duane Morris LLP, and The International Institute for Conflict Prevention & Resolution (CPR Institute), are pleased to announce the rollout of a pilot program for the CPR Institute’s first model Economical Litigation Agreement (ELA), which is a new model contractual agreement that companies can use to limit litigation costs.
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Posted in: Arbitration, Arbitrators, Awards, Clauses, Corporate Counsel, Corporate Law Dept, Court ADR, Discovery, Negotiation, Punitive Damages, Settlement Agreements, Press Releases
The U.S. Supreme Court, in a 5-3 opinion by Associate Justice Samuel Alito, this morning ruled that a court cannot impose class arbitration on parties who have not agreed to authorize the process, and doing so is is inconsistent with the Federal Arbitration Act (FAA), 9 U. S. C. §1 et seq.
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Using a few basic themes, dealmakers can creatively craft a dispute management system or process that meets the parties' business goals while avoiding disputes that tarnish the benefits of the deal.
While much has been written about effective post-closing integration practices, not nearly enough attention has been paid to effective conflict management. Given the potential for the rupture of important relationships and the prospect for costly and distracting litigation battles after completing the deal, focusing on the structure for the resolution of potential disputes while a deal is being negotiated -- and relationships are still in the honeymoon phase -- should result in enormous benefits later.
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AIG, former CEO Maurice R. Greenberg, and former CFO Howard I. Smith agree to arbitrate a chunk of the claims involved in the fight over liability over accounting irregularities that led in part to a government bailout of the insurer.
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The Editor of Metropolitan Corporate Counsel interviews Kathy Bryan , President and CEO of the CPR Institute, regarding soaring litigation costs, early case assessment, e-discovery, the Fairness in Arbitration Act, and how CPR is responding to the growing need for hybrid commercial ADR solutions and systems.
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Posted in: Arbitration, Clauses, Corporate Counsel, Corporate Law Dept, e-Discovery, International, Law Firms, Legislation, Mediation, Systems Design, CPR in the News
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