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Scope of US plaintiffs to pursue class actions remains unclear on many fronts
  • Herbert Smith Freehills LLP
  • USA
  • October 10 2016

While corporate defendants had hoped the Supreme Court's decisions last term would continue a recent trend in the Court's jurisprudence of making

Arbitration. Clickwrap Agreement. Eleventh Circuit declines to enforce an arbitration clause in a clickwrap agreement where there was insufficient evidence of a valid arbitration agreement between the parties
  • Baker & McKenzie
  • USA
  • September 26 2016

In 2014, Plaintiff Christina L. Bazemore filed a putative class action against Jefferson Capital System, LLC ("JCS"). Bazemore alleged that JCS

Arbitration. Confirmation of Award. Foreign Sovereign Immunities Act. D.C. Circuit holds the New York Convention applies to open-ended supply agreement and that arbitration exception allows subject matter jurisdiction over the Czech Republic
  • Baker & McKenzie
  • USA
  • September 26 2016

In 1990, Diag Humana medical technology companyentered into a Framework Agreement with the Czech Ministry of Health. Under the Agreement, the

Financial Services Report - Fall 2016
  • Morrison & Foerster LLP
  • European Union, USA
  • September 20 2016

So much for summer! The weather is cooling, the kids are back to school, and we better not see you wearing white so long after Labor Day! For those of

The State AG Report Weekly Update August 18, 2016
  • Cozen O'Connor
  • USA
  • August 18 2016

Hillary Clinton’s campaign announced that former Colorado AG Ken Salazar will chair Clinton’s White House transition team. Salazar will chair the

A Look Back at Some Recent Highlights
  • McGuireWoods LLP
  • USA
  • August 16 2016

One of our long-standing objectives for this blog is to provide in-depth analysis of recent court rulings and developing trends that impact class

Clarity and Confusion: Unpacking the Impact of the Supreme Court’s Recent Class Action Decisions
  • Hausfeld LLP
  • USA
  • August 13 2016

This article will discuss the impact to date of the four class action decisions of the Supreme Court's last Term and the potential impact on

SDNY Refuses to Enforce Uber’s Online “Sign-In-Wrap” Terms, Arbitration Provision and Jury Waiver Clause
  • Orrick, Herrington & Sutcliffe LLP
  • USA
  • August 9 2016

On July 29, 2016, the Southern District of New York, in Meyer v. Kalanick, refused to enforce mandatory arbitration and jury waiver provisions

Surety’s Indemnity Rights Eliminated by Subsequent Arbitration Agreement
  • Commonsense Construction Law LLC
  • USA
  • August 5 2016

Most readers are familiar with the concept that performance bond sureties expect to recoup, from their principals, every dollar of cost incurred in

Agreement to Arbitrate Does Not Cover Infringement Occurring After the Agreement Is Terminated
  • Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • USA
  • July 26 2016

A Virginia court found that the arbitration clause in an expired contract did not cover a patent infringement claim because the conduct