Alternative Dispute Resolution

Virtually Impossible: Eleventh Circuit’s Denial of Non-Parties Attending Arbitration Hearings Via Video or Telephone

Virtually Impossible: Eleventh Circuit’s Denial of Non-Parties Attending Arbitration Hearings Via Video or Telephone

In the age of COVID, it is a rarity for hearings, oral arguments, client meetings, or any other legal proceeding to be held in-person. Instead, lawyers, judges, arbitrators, and all other legal figures are relying on their computers and telephones to keep the dockets moving. With the relative ease of logging into a hearing or meeting online, it is important to verify whether certain matters ...
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court room

To Infinity and Beyond Immediate Parties: The Fourth and Ninth Circuit Split on the Enforceability of “Infinite Arbitration Clauses”

Imagine walking into an AT&T store to sign up for a service plan and buy a new cellphone. Perhaps, you are excited to finally get your hands on the latest iPhone. At the same time your new phone is placed into one hand, a pen is placed into the other. You sign the dotted line at the bottom of the consumer service agreement. How carefully ...
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PPP Loan Forgiveness Application, After the Payroll Protection Program Flexibility Act of 2020

PPP Loan Forgiveness Application, After the Payroll Protection Program Flexibility Act of 2020

This Article is based on information available as of June 18, 2020.  The information is subject to change as additional guidance is provided.  In mid-May the SBA published the PPP Loan Forgiveness Application (SBA Form 3508).  Following the Paycheck Protection Program Flexibility Act of 2020 becoming law, the SBA published two new PPP Loan Forgiveness Applications, SBA Form 3508 (06/20), which can be downloaded here, ...
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U.S. SUPREME COURT RULES THAT TRANSPORTATION EMPLOYER’S ARBITRATION AGREEMENT WITH INDEPENDENT CONTRACTOR IS NOT SUBJECT TO THE FEDERAL ARBITRATION ACT

Generally, once parties sign a contract with an arbitration provision, disputes arising out of the contract are required to be heard by an objective arbitrator. After Congress passed the Federal Arbitration Act (FAA) in 1925, the long-established federal policy has been to liberally favor arbitration agreements. Prior to the FAA, however, there was no guarantee that a court would honor a party’s agreement to arbitrate ...
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Vandeventer Black

Mediation: What Is It And Why Do It?

Mediation is often confused with arbitration. They have similarities, including that both are overseen by third-party neutrals that do not have financial stakes in the outcomes. The key difference is that while arbitration results in the neutral evaluating the outcome (which typically is binding, but by agreement can be non-binding), while in mediation the third-party neutral uses facilitative strategies to assist the parties in attempting ...
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Before Entering Into A Contract With An Arbitration Provision, Consider What Time Period The Parties Will Have To Bring Claims

Statutes of limitations are statutory deadlines for filing legal actions. Limitation periods vary by the type of action. It is important to evaluate these limitation periods because if the deadline is missed, then the claim may be time-barred by the court. Arbitration provisions are increasingly common. Only a few jurisdictions, however, explicitly address whether statute of limitations provisions apply to arbitration provisions. For example, the ...
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Attorneys

Umbrella of Immunity for Arbitrators: Where Virginia is Now and Where It Needs to Be.

In 1985, on an ordinary day at the University of South Carolina School of Law, Professor Dennis R. Nolan, a member of the National Academy of Arbitrators, noticed a young man standing outside of his office door.  The stranger approached him and asked whether he was indeed Professor Nolan.  Upon responding in the affirmative, the young man served Professor Nolan with a subpoena to testify ...
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“ALTERNATIVE” DISPUTES RESOLUTION: THE MEDIATION AND ARBITRATION OPTIONS

“ALTERNATIVE” DISPUTES RESOLUTION: THE MEDIATION AND ARBITRATION OPTIONS

Disagreements are always best resolved at the earliest stage. Construction disputes are no exception to that, and the earlier the better. Unresolved disputes can adversely affect not only the time and cost of performance; but also, and sometimes worse, relationships. And while the best dispute is one that never occurs, construction disputes can happen even for the best designed or well-run project. Hopefully, when construction ...
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Email is Not Private

Email is Not Private

Authored by attorney Patrick A. Genzler Electronic mail has become the de facto principal means of communication for most businesses today.  And, in most businesses, email is widely used by many employees to perform company business.  However, the ease with which we can communicate and transmit documents by email comes with certain risks, particularly when your company becomes involved in a claim, litigation or an ...
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Am I Responsible for That?

Am I Responsible for That?

Authored by attorney Neil Lowenstein Landowners hire contractors to perform work for the landowner.  Contractors then typically hire multiple subcontractors to perform various portions of that work.  And, subcontractors then hire sub-subcontractors to perform various portions of their work.  And, so on depending upon the nature of the particular project.  Often the work being performed is dangerous, and this can result in personal injury or ...
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