Author Archives: Robert Harris

Buckley LLP has published this article on Lexology, discussing the Eleventh Circuit’s recent decision in Hearn v. Comcast Cable Communications, LLC. As the article describes, the court held that an arbitration provision’s language encompassed a claim where “[t]he plaintiff terminated the defendant’s services in August 2017, but later called the defendant in 2019 to inquireContinue reading ““11th Circuit: Arbitration provision survives termination of subscriber agreement””

Adam Forman and Kyle Winnick have this article in The National Law Review, discussing the National Labor Relations Board’s recent decision in Dish Network, LLC, 370 NLRB No. 97 (2021).

Contracting parties who wish to provide both for arbitration and for the recovery of attorneys’ fees by the prevailing party should be careful before adopting template contract language. In Nelson v. Ryks, recently decided by the Minnesota Appellate Court, purchasers of real property who prevailed in arbitration against the sellers, were unable to convince theContinue reading “Attorneys’ Fees For Litigation But Not Arbitration”

Transactional lawyers involved in negotiating merger and acquisition agreements may find helpful the insights provided by Mark Foley of von Briesen & Roper, S.C., in this article, found in The National Law Review. Attorney Foley suggests the particular analysis and questions that drafters should undertake before committing to a particular arbitration provision.

I have known Judge Robert Holzberg for many years, having appeared before him when he sat on the Connecticut Superior Court, and for the past number of years witnessing the substantial impact he has had on the Connecticut mediation community. He shares in this article, available at JD Supra, insightful observations based on his extensiveContinue reading ““Notes From the Judge: Keys to a Successful Mediation””

In O’Neal Constructors, LLC v. DT America, LLC, the Eleventh Circuit was confronted with a losing party’s attempt to vacate a $650,000 attorney’s fee award. The party contended it satisfied the statutory deadline for service by virtue of email delivery. As it argued, Federal Rule of Civil Procedure allows service “by other electronic means thatContinue reading “Eleventh Circuit Holds AAA Rules Did Not Permit Email Service Of Motion To Vacate”

This article by Frank Silvestri of Verrill adds to the interest surrounding the U.S. Supreme Court’s grant of certiorari in Servotronics, Inc. v. Rolls-Royce PLC, by positing that Justice Alito’s failure to participate in the cert decision may signal his future recusal on the merits, giving rise to the prospect that the Court will split 4-4Continue reading ““Domestic Discovery for Foreign Arbitrations? – Now It’s the Supreme Court’s Turn””

This Lexology article by Todd D. Wozniak, Lindsey R. Camp, Chelsea Ashbrook McCarthy and Megan C. Eckel of Holland & Knight discusses recent decisions addressing the enforceability of arbitration provisions in ERISA plans, concluding that “[w]ithout clear direction from the Supreme Court or legislative action, district courts and circuit courts of appeal will continue toContinue reading ““Courts Split on Class Action Waivers, Arbitration Provisions in ERISA Litigation””

Matthew Kirtland, Katie Connolly, Esha Kamboj of Norton Rose Fulbright have this article in Lexology, discussing a California District Court’s decision in Monster Energy Co v City Beverages, 5:17-CV-00295, 2021 WL 650275 (CD, Cal, 17 Feb 2021), in which the court held that JAMS’ submissions of amicus briefs in litigation challenging the impartiality of oneContinue reading ““Monster Energy distribution dispute: amicus briefs do not create evident partiality””

The California Court of Appeals decision in Bilodeau v. Modern Mobile Homes, Inc. provides a cautionary tale to contract drafters. A prevailing party in an arbitration sought to recover attorneys’ fees incurred in connection with post-award proceedings that unsuccessfully sought to vacate the arbitration award. As the court noted, the arbitration provision contained in theContinue reading “Inconsistent Contract Provisions Undermines Claim For Attorneys’ Fees”