New Jersey business owners may be reluctant to introduce arbitration programs for their employees because of a state law enacted in 2019 that prohibits agreements that prevent litigation of workplace disputes in court by directing them into arbitration. Fortunately, the likelihood is that in most instances, New Jersey’s law is not enforceable and an employer that wants to steer employee disputes to arbitration, rather than court, can do so.
Read moreExplained: Why Amazon is feuding with Future Group, billionaire Mukesh Ambani?
A legal spat between Amazon.com Inc. and its Indian partner that started with an arbitration verdict in Singapore has got fiercer in New Delhi courtrooms. And neither side is ready to back off.
The US e-commerce giant and Mumbai-based Future Group, whose retail assets billionaire Mukesh Ambani’s Reliance Industries Ltd. agreed to buy for $3.4 billion in August, are locked in a dispute over that deal. Amazon says Future violated a partnership contract with the asset sale to its rival and wants to scuttle it, while the indebted Indian group says it would collapse if the transaction fails.
Read moreRecent joint venture dispute trends in mining sector
This article considers the duties, both express and implied, which joint venture partners may be under when dealing with each other. Can a party simply look out for itself or must it consider its partners' interests when conducting joint venture business? How do arbitrators approach these questions?
Read moreFacing the Fire: How Executives Can Best Prepare to Testify in Legal Proceedings
When a business executive is involved in a dispute—regardless of whether the matter is in court, mediation, or arbitration—the stakes can be immense and may even include the risk of personal liability. Partners and executives should expect that they will have to give testimony and face the fire of cross-examination. Below are some observations on best practices when preparing to testify.
Read moreZynga granted limited discovery on player accounts in data breach cases
A federal judge has ordered Zynga Inc app users to give the company’s lawyers information associated with their accounts to help determine whether the users’ data breach claims belong in arbitration.
Read moreHow to write damages into a settlement agreement in case of repeated infringement
Aside from securing damages from the infringer in a time-efficient manner, rights holders can leverage a settlement agreement to curb repeated infringement, provided that a considerable amount of damages can be written into the agreement as an insurance policy in case of repeated infringement. In some cases, courts will validate damages clauses provided that infringement is established.
Read moreU.K. Supreme Court Confirms That Arbitrators Are Under a Legal Duty to Disclose Matters Which Would or Might Create an Appearance of Bias
In a landmark decision handed down on November 27, 2020, the U.K. Supreme Court has confirmed that the English law of arbitration imposes a duty on arbitrators to disclose matters which would or might lead to the conclusion that there is a real possibility that they are biased. This welcome development in English law reinforces the integrity and reputation of English-seated arbitration, and is consistent with best practice seen in the International Bar Association (IBA) Guidelines on Conflict of Interest and leading institutional rules.
Read moreArbitration Agreements in Privacy Disputes: The Wyze Decision and the CCPA
Earlier this year, a number of individuals brought a lawsuit in the United States District Court for the Western District of Washington against Washington-based company Wyze Labs, Inc (Wyze), which manufactures “smart” home cameras and security equipment. See In re: Wyze Data Incident Litigation, Case No. C20-0282-JCC (W.D. Wa. 2020). The lawsuit – which centered around a 2019 data breach incident – alleged that Wyze failed to comply with Federal Trade Commission requirements for safeguarding users’ personal information.
Read moreAll You Need To Know About Pre-Packaged Corporate Resolution
The Ministry of Corporate Affairs (MCA) is reportedly working out a draft scheme on "pre-packaged" resolution for corporate entities in coordination with the Insolvency and Bankruptcy Board of India (IBBI).
It is a newer method of corporate resolution that involves an agreement between the company, its creditors and prospective buyers before the initiation of insolvency proceedings. Let's take you through its finer points, shall we?
Read more