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Searching Content indexed under Arbitration & Dispute Resolution by Holland & Knight ordered by Published Date Descending.
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1
New Regulations Change The Rules For Federal Student Loans
To address public concerns about the financial stability of higher education institutions, the new regulations impose stricter financial accountability requirements.
United States
11 Sep 2019
2
Ninth Circuit Decisions Overrule 35-Year Precedent In ERISA Arbitration Disputes
In a pair of opinions issued on Aug. 20, 2019, the U.S. Court of Appeals for the Ninth Circuit expressly overruled its 35-year precedent that Employee Retirement Income Security Act disputes were not arbitrable.
United States
29 Aug 2019
3
Defining The Limits Of Arbitral Authority - When Arbitration Awards Rewrite Commercial Contracts Instead Of Interpreting Them
"We have become an arbitration nation," said the U.S. Court of Appeals for the Ninth Circuit earlier this year, "an increasing number of private disputes are resolved not by court, but by arbitrators."
United States
13 Jun 2019
4
Running With Scissors: Avoiding Mishaps When Drafting Agreements At The End Of Mediation
An agreement reached at the conclusion of a mediation session typically represents an abbreviated version of a formal settlement agreement that will be entered into by the parties at a later date.
United States
30 May 2019
5
Supreme Court Reiterates That Class Arbitration Cannot Be Compelled Absent Explicit Consent
The U.S. Supreme Court handed down its decision in Lamps Plus, Inc., et al. v. Varela, No. 17-988, on April 24, 2019.
United States
14 May 2019
6
Federal Court Dismisses Independent Contractor Misclassification Suit In Favor Of Arbitration
In a prior article following the U.S. Supreme Court's decision in New Prime Inc. v. Oliveira, we noted that there is likely to be future litigation concerning who qualifies as an "interstate"
United States
11 Apr 2019
7
Courts Continue To Rule On Retirement Plan Mandatory Arbitration Provisions
Some retirement plans, including employee stock ownership plans (ESOPs), have in the past few years included terms and provisions that require participant breach
United States
29 Mar 2019
8
Resolving Civil Disputes In The United States
Foreign suppliers who sign contracts provided by their U.S. business partners specifying dispute resolution procedures in the U.S. often do not appreciate the implications of that agreement ...
United States
11 Feb 2019
9
Supreme Court: Federal Arbitration Act Doesn't Apply To Transportation Independent Contractors
The U.S. Supreme Court's decision in New Prime Inc. v. Oliveira substantially impacts the arbitrability of independent contractor misclassification cases in the transportation industry.
United States
24 Jan 2019
10
SCOTUS Rules Federal Arbitration Act Not Applicable To Transportation Independent Contractor Agreements
On Jan. 15, 2019, the U.S. Supreme Court issued its opinion in New Prime Inc. v. Oliveira, No. 17-340, holding (1) that a court (rather than an arbitrator) should resolve a dispute
United States
22 Jan 2019
11
GAO Not Forum For State Licensing Agencies To Protest Randolph-Sheppard Solicitations
The U.S. General Accountability Office (GAO) recently dismissed a protest by a state licensing agency (SLA) challenging the elimination of its proposal from the competitive range ...
United States
3 Jan 2019
12
GAO Not The Proper Forum For State Licensing Agencies To Protest Randolph-Sheppard Act Solicitations
The U.S. General Accountability Office (GAO) recently dismissed a protest by a state licensing agency (SLA) challenging the elimination of its proposal from the competitive range under a solicitation issued pursuant to the Randolph-Sheppard Act.
United States
28 Dec 2018
13
FMC Commissioner Issues Final Report For Fact Finding 28
On March 5, 2018, the Federal Maritime Commission directed Commissioner Rebecca F. Dye to initiate a fact finding investigation (Fact Finding 28) into demurrage and detention practices at U.S. ports.
United States
14 Dec 2018
14
FAA Reauthorization Act Confirms Pre-Emptive Effect Of Statute Protecting Aircraft Lessors
The FAA Reauthorization Act of 2018, enacted on Oct. 5, 2018,1 has clarified and confirmed the pre-emptive effect of the federal statute intended to shield ...
United States
6 Nov 2018
15
DOJ Issues New Guidance On Necessity And Selection Of Corporate Monitors
Assistant Attorney General Brian A. Benczkowski's recent Memorandum on "Selection of Monitors in Criminal Division Matters" provides new direction to U.S. Department of Justice (DOJ) ...
United States
22 Oct 2018
16
Supreme Court Hears Argument On Applicability Of Federal Arbitration Act To Transportation Independent Contractor Agreements
On Oct. 3, 2018, the U.S. Supreme Court heard oral argument in the case of New Prime Inc. v. Oliveira, No. 17-340.
United States
8 Oct 2018
17
STB Nudges Parties Toward Settlement Of Chicago Union Station Dispute
A federal agency has, for the time being at least, refused to intervene in a dispute between Amtrak and Metra over Metra's use of Chicago Union Station.
United States
18 Sep 2018
18
Calif. Supreme Court Breaks New Ground On Arbitrability, Future Waivers And Quantum Meruit
After J-M Manufacturing Co. (J-M) parted company with prior counsel, it hired the Sheppard Mullin firm to defend it in federal qui tam litigation brought on behalf of a number of entities.
United States
12 Sep 2018
19
CBCA Issues New Rules Of Procedures
On Aug. 17, 2018, the Civilian Board of Contract Appeals (CBCA) published a final rule amending its rules of procedures which will be effective for cases filed with the board on or after Sept.17, 2018
United States
30 Aug 2018
20
Eleventh Circuit Issues Opinion On New Value Defense To A Preference Claim
The U.S. Court of Appeals for the Eleventh Circuit recently issued an opinion in William S. Kaye, Trustee of the BFW Liquidating Trust v. Blue Bell Creameries, Inc. (In re BFW Liquidation, LLC), Case No. 17-13588, addressing the subsequent new value defense to a preferential transfer under Section 547(c)(4) of the U.S. Bankruptcy Code.
United States
29 Aug 2018
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