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Graydon Head & Ritchey LLP | USA | 24 Feb 2017

Fatal and Final - Failing to Respond to an Assessment of Employer Withdrawal Liability

An employer signed to a collective bargaining agreement may be obligated to make contributions to a multiemployer pension plan. That pension plan is


Seyfarth Shaw LLP | USA | 25 Jan 2017

ERISA Class Action Waivers and Mandatory Arbitration-Will The Supreme Court Start A Trend?

On January 13, 2017, the United States Supreme Court agreed to decide whether employment agreements mandating individual arbitration of employment


Charles Russell Speechlys LLP | United Kingdom | 18 Jan 2017

The Magic of Tags

Tags “without prejudice” and “subject to contract”, when correctly used, provide powerful protection against unintended consequences. However, they


Constangy Brooks Smith & Prophete LLP | USA | 24 Oct 2016

D.C. Circuit awards attorneys’ fees and costs to employer after NLRB pursued “clear and unmistakable waiver” theory at odds with controlling precedent.

The NLRB has for some years stubbornly held that a union does not waive its right to bargain over a mandatory subject of bargaining unless there is


Gordon Rees Scully Mansukhani | USA | 4 Oct 2016

CMS issues changes to requirements of participation affecting LTC facilities: arbitration is outare waiver of jury trials in?

Effective November 28, 2016, long-term care facilities that participate in Medicare and Medicaid will no longer be able to enter into “pre-dispute”


Wilkinson Barker Knauer LLP | USA | 22 Aug 2016

FCC’s Audio Division Case Clarifies Processing Rules for FM Upgrades and Forced Channel Changes

Rules regarding the processing FM applications - particularly those involving upgrade applications that require the forced change of the channel on


Hunton Andrews Kurth LLP | USA | 18 Aug 2016

Eleventh Circuit: Arbitration Agreement Enforceable Despite Terms that Violate USERRA

In Bodine v. Cook's Pest Control Inc., No. 15-13233, 2016 WL 4056031 (11th Cir. July 29, 2016), the Eleventh Circuit held that a forced-arbitration


Deacons | Hong Kong | 17 Aug 2016

High Court confirms that offer containing an express term in relation to costs of the action does not qualify as a Sanctioned Offer

In the recent High Court decision of Wong Yim Man Anthea v. Wong Ho Ming Felix, HCA 3522011 (22 April 2016), the Court ruled that a purported


Womble Bond Dickinson (US) LLP | USA | 11 Aug 2016

Arbitration Saves Money And Patents In International Disputes

The advantages and disadvantages of arbitration versus litigation have been long debated. Because arbitration is a matter of contract, parties are


Freeths | United Kingdom | 5 Aug 2016

Avoiding and Minimising Litigation Risk

Most companies will unfortunately find themselves being involved in commercial disputes at some point. These can be difficult, expensive and

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