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Arent Fox LLP | China, USA | 22 Feb 2019
Confirming International Arbitral Awards in California: The Importance of Jurisdiction and Service of Process
In Rockefeller Tech. Investments (Asia) VII v. Changzhou Sinotype Tech. Co., 24 Cal. App. 5th 115 (2018), the California Court of Appeal held that a…
Carrington Coleman | USA | 14 Nov 2018
Mandamus granted to sort out post-judgment "procedural quagmire" in condemnation proceeding
The State of Texas condemned part of EnergyTransfer Fuel’s pipeline easement, as well as other property, for a TxDOT road-widening project. The State…
Smith Currie & Hancock | USA | 18 Jun 2018
Is Arbitration Final and Binding?
Parties involved in a dispute may face a choice between arbitration and litigation. Previous articles in this series have discussed various factors…
Mintz | USA | 12 Jun 2018
#MeAgain: New York Appellate Court Applies State Law to Vacate Arbitration Award As a Violation of Public Policy (Prohibiting Workplace Harassment)
Lest we forget, many are the arbitrations that are subject to state arbitration law rather than the Federal Arbitration Act (“FAA”). And one should…
McDermott Will & Emery | USA | 21 Mar 2018
The Fifth Circuit Puts an End to the Madness with its March Opinion
We have all heard the famous quote about doing the same thing over and over again and expecting different results. The Court of Appeals for the Fifth…
Constangy Brooks Smith & Prophete LLP | USA | 21 Dec 2017
Court vacates parts of EEOC wellness rules, effective 1/1/19
You snooze, you lose, the court said. (In so many words.) Remember the AARP v. EEOC case? That's the one in which the AARP challenged the regulations…
Gray Plant Mooty | USA | 25 Sep 2017
Court denies petition to vacate arbitration award under evident partiality and exceeding power standards of review
The federal court in Massachusetts has denied a franchisor's motion to vacate an arbitration award and granted a franchisee's motion to confirm the…
Squire Patton Boggs | USA | 1 Sep 2017
First Circuit affirms holding that an arbitrator did not manifestly disregard the law or exceed the arbitrator's powers in ruling a dispute was not arbitrable
The First Circuit Court of Appeals affirmed an order denying a motion to vacate an arbitration award…
Marshall Gerstein & Borun LLP | USA | 6 Jun 2017
Different Invalidity Conclusions by PTAB and Federal Courts Prohibited in Inter Partes Reexamination But Permissible in IPR
In Fairchild (Taiwan) Corp. v. Power Integrations, Inc., Appeal 2017-1002 (Fed. Cir. Apr. 21, 2017), the Federal Circuit determined that no inter…
Baker McKenzie | USA | 25 May 2017
Arbitration. Vacatur of Award for Arbitrator Bias. District court denies motion to vacate an arbitral award where there was no evidence of arbitrator bias or other arbitrator misconduct that would warrant vacating the award
Petitioner Ann E. Ploetz ("Ploetz"), as Trustee of the Laudine L. Ploetz, 1985 Trust, brought an arbitration against Morgan Stanley Smith Barney…
