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Results: 11-20 of 62

Hyperlinks are the new fine print

  • Borden Ladner Gervais LLP
  • -
  • USA
  • -
  • October 17 2012

As a result, making some onerous condition accessible or rather, relatively inaccessible through a link may make the condition unenforceable

Financial services report, fall 2012

  • Morrison & Foerster LLP
  • -
  • USA
  • -
  • October 4 2012

The Mars rover "Curiosity" stuck a perfect landing this quarter

The Federal Arbitration Act preempts any right to a class action under state law

  • Sheppard Mullin Richter & Hampton LLP
  • -
  • USA
  • -
  • August 7 2012

The California Court of Appeal recently held that the Federal Arbitration Act (FAA) preempts any statutory right to a class action under the California Consumers Legal Remedies Act (CLRA

Fourth Circuit weighs in on circuit split concerning whether state insurance statutes “reverse preempt” arbitration provisions in international agreements

  • Cadwalader Wickersham & Taft LLP
  • -
  • USA
  • -
  • August 7 2012

ESAB Group, Inc. v. Zurich Ins. PLC, et al., No. 11-1243 (4th Cir. 2012), recently weighed in on a matter that has split the Circuits and has given pause to international contract draftsmen and international dispute resolution practitioners: to what extent to international contracts containing mandatory arbitration provisions supercede contrary state (or even federal) law

Court compels arbitration against distributor’s spouse

  • Gray Plant Mooty
  • -
  • USA
  • -
  • July 12 2012

In Mac Tools v. Diaz, U.S. Dist. LEXIS 56197 (S.D. Ohio Apr. 23, 2012), the U.S. District Court for the Southern District of Ohio enforced an arbitration provision against a distributor’s wife even though she did not sign the distribution agreement at issue

Court of Chancery denies untimely challenge to arbitration award

  • Fox Rothschild LLP
  • -
  • USA
  • -
  • June 30 2012

In the case of Pryor v. IACInterActiveCorp., C.A. No. 6884-CS (Del. Ch. June 7, 2012), the Court of Chancery examined whether a challenge to an arbitration award was timely filed, and whether the arbitration award could be attacked on other grounds

There can only be one prevailing party under Civil Code Section 1717

  • Barger & Wolen LLP
  • -
  • USA
  • -
  • June 6 2012

In Frog Creek Partners LLC v. Vance Brown Inc., 2012 DJDAR 6905 (2012), the California Court of Appeal for the First Appellate District decided a novel prevailing party case under Civil Code Section 1717

California Supreme Court grants review in consumer arbitration decision, Sanchez v. Valencia Holding Company

  • Arent Fox LLP
  • -
  • USA
  • -
  • March 22 2012

Yesterday, March 21, the California Supreme Court granted review in Sanchez v. Valencia Holding Company, previously cited at (2011) 201 Cal.App.4th 74

A hypothetical illustrating the thin line between formation challenges and validity challenges

  • Leonard, Street and Deinard
  • -
  • USA
  • -
  • March 19 2012

Building off last post’s discussion of the Solymar case, and the surprisingly fuzzy line between challenges to the formation of contracts containing arbitration provisions and challenges to the validity of those contracts, here is a hypothetical for you to consider

Force majeure in tumultuous times: impracticability as the new impossibility

  • Pillsbury Winthrop Shaw Pittman LLP
  • -
  • USA
  • -
  • March 13 2012

Force majeure clauses excuse a party from performance if some unforeseen event beyond its control prevents performance of its contractual obligations

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