Searching Content indexed under Arbitration & Dispute Resolution by McDermott Will & Emery ordered by Published Date Descending.
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Ninth Circuit Answers Some Questions About Arbitration Of ERISA Claims
In two opinions—one published and one unpublished—the Ninth Circuit overturned prior precedent and held that a Plan amendment requiring arbitration meant that an individual
United States
9 Sep 2019
Arbitration Clause In Beer Distribution Agreement Enforced By The Virginia ABC
On May 7, 2019, the Virginia Department of Alcoholic Beverage Control (VABC) published a decision confirming the enforceability of arbitration clauses in distribution agreements ...
United States
4 Jun 2019
Attorneys' Fees Award Dismissed Pending Arbitration
The US Court of Appeals for the First Circuit reversed a district court's order granting a motion for attorneys' fees pursuant to the Copyright Act, finding that the dismissal deferred adjudication ...
United States
17 Jul 2018
The ICC Expedited Arbitration Procedures: Checking The "Fine Print"
Not unlike the fine print of a consumer contract, next to clearly appealing provisions (such as the reduced arbitrator's fees), the latest version of the ICC rules ...
United States
13 Apr 2018
District Court Rejects FCA Claim Based On "Substandard" Product
On March 13, 2018, the United States District Court for the Eastern District of Oklahoma dismissed U.S. ex rel. Montalvo v. Native American Servs. Corp.
United States
27 Mar 2018
Parties Must Arbitrate Arbitrability
Addressing whether the court or the arbitrator should determine the scope of arbitrability, the US Court of Appeals for the Fourth Circuit affirmed the dismissal of a complaint ...
United States
30 Jan 2018
Empire Strikes Back: First Amendment Protects TV Series Title
To fail the second prong of the Rogers test, the creator must explicitly mislead consumers.
United States
15 Jan 2018
Dispute Resolution Options Post-Brexit
Amidst all the uncertainty surrounding Brexit, the continuing relevance, power, and reliability of international arbitration as a dispute resolution mechanism remains a very welcome example of stability.
13 Dec 2017
Holy First Amendment Rights, Batman
In taking up Dan Farr's petition for a writ of mandamus, the Ninth Circuit held that the court-ordered prior restraints on Dan Farr's speech violated the First Amendment.
United States
7 Dec 2017
Enforcing A Commercial US Arbitration Award In India
The prevailing cross-border system for dispute resolution —international arbitration— is often more predictable and less expensive than litigation. Enforcing a foreign award can, however, be arduous...
United States
20 Sep 2017
Arbitration Claim Unrelated To Prior Settlement Agreement Gets No Traction
Zetor North America owned rights to the ZETOR mark in North America for use in connection with tractors.
United States
8 Sep 2017
ITC Denies Emergency Petitions On Relief From Exclusion Order
Parallel to the ITC proceedings, the same two patents that formed the basis of the ITC's § 337 violation findings were subject to inter partes review at the PTAB.
United States
6 Sep 2017
The Emergency Arbitrator Provisions In The ICC Arbitration Rules
These provisions render ICC arbitration more attractive than certain other forms of arbitration as they avoid potential vacuums of jurisdiction.
United States
24 Aug 2017
When Asserting Arbitration Provisions, Think Inside The Box
The US Court of Appeals for the Federal Circuit declined to apply an arbitration provision to a dispute where the asserted claims were not within the scope of the contract containing the arbitration provision.
United States
18 Aug 2017
The Breadth Of An Injunction
In an unusual move, the US Court of Appeals for the Federal Circuit updated its original decision in Asetek, holding that the injunction no longer applied to the non-party in the case, except for aiding...
United States
28 Jun 2017
District Court Excludes Reference To Presumption Of Validity To Avoid Jury Confusion
UroPep alleged that Eli Lilly's sale of Cialis infringed UroPep's method patent covering treatment of benign prostatic hyperplasia.
United States
5 May 2017
Arbitration Of Trust Disputes
Trust arbitrations could be the "next big thing" in dispute resolution. Trust arbitrations are still relatively rare as a result of the perceived difficulties considered to be inherent in arbitrating...
United States
16 Dec 2016
New International Chamber Of Commerce Expedited Procedure
The ICC has approved a series of amendments to its 2012 Arbitration Rules, which will take effect as from 1 March 2017.
United States
14 Nov 2016
Tax Controversy 360
It remains to be seen whether, as some have feared, this will lead to increased delays in resolving cases.
United States
7 Nov 2016
Another Taxpayer Victory In Illinois False Claims Act Litigation, Affirming A Taxpayer's Right To Rely On Qualified Third Parties For Tax Return Preparation
On August 30, 2016, following a one day bench trial, Cook County Circuit Judge Thomas Mulroy ruled in favor of Treasury Wine Estates in Illinois False Claims Act litigation filed by the law firm of Stephen B. Diamond, PC.
United States
16 Sep 2016
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