Author Archives: Robert Harris

David Zaslowsky and Jacob Kaplan have this article, available in Lexology, discussing the opinion issued by the Southern District of New York in 245 Park Member LLC v. HNA Group (International) Company Limited. As the article explains, the court confirmed an arbitration award that entered over protests that the proceeding was unfair due to theContinue reading ““District court confirms arbitral award despite arbitrator decision to deny discovery and evidentiary hearing””

Peter Lubin and Patrick Austermuehle have this article, published in Mondaq, discussing the Seventh Circuit’s recent decision in CCC Intelligent Solutions Inc. v. Tractable Inc., in which the court refused to permit a company known as Tractable to invoke the arbitration provision contained in a software license agreement between Tractable’s employee using a fictitious nameContinue reading ““Seventh Circuit Denies Request To Compel Arbitration In Trade Secret Misappropriation Dispute””

Prestonwood Tradition, LP v. Jennings is a fascinating 7-6 decision recently issued by an en banc panel of a Texas appellate court. Robert Fountain of Carrington Coleman summarizes the competing majority and dissenting opinions in this article available at JD Supra. The issue before the court is one that often is litigated: when parties disagreeContinue reading ““Divided En Banc Court Holds Arbitrators Must Decide Arbitrability When Arbitration Agreement Incorporates AAA Rules””

In this article available on Lexology, Christina LaBruno of Gibbons discusses the Third Circuit’s decision in In re Rotavirus Vaccines Antitrust Litigation, holding that medical practices’ antitrust claims against a pharmaceutical company were subject to arbitration by virtue of an agreement signed by its purchasing agents. The Third Circuit rejected the lower court’s view thatContinue reading ““Third Circuit Holds That Non-Signatory Medical Practices Were Bound by Arbitration Agreements Entered Into by Practices’ Purchasing Agents””

William Russell of Reed Smith has authored this article, available at Lexology, discussing the Ninth Circuit’s recent decision in Jones Day v. Orrick, Herrington & Sutcliffe, LLP. The panel reversed a lower court determination which had interpreted a venue statute restrictively to limit a court’s ability to compel witness attendance pursuant to an arbitrator’s subpoena. AsContinue reading ““The Ninth Circuit Refuses to Pinion the Wings of Arbitral Subpoenas””

Much of the case law surrounding arbitration involves the appropriate allocation of responsibilities between courts and arbitrators. This recent JD Supra article by James Newland and Owen Wolfe at Seyfarth Shaw addresses the role played by the courts in entertaining a party’s request for an attachment in aid of an international arbitration. The opinion inContinue reading ““Second Circuit Clarifies Standard for Attachment in Aid of Arbitration””

The Southeast Texas Record has this discussion of an interesting decision by the Texas Court of Appeals in Lupe Holdings LP v. Sanchez. The lower court had denied a motion to compel arbitration, finding that the claimant initiated the proceeding after the expiration of a statute of limitations ostensibly incorporated into the parties’ agreement. WithContinue reading ““Timeliness of arbitration demand is for an arbitrator to decide, not a trial court, justices find””

“It might come as no surprise that many settlors and advisors seek to include [an arbitration] clause in their trusts…. Despite [the] potential benefits, the question remains whether such a clause can be enforced against a beneficiary or a trustee, when such beneficiary or trustee wants to proceed in court.” So begins this JD SupraContinue reading ““Virginia Supreme Court: Arbitration Clauses in Trusts Are Not Enforceable Against Beneficiaries””

Robert Fountain of Carrington Coleman has this interesting article, available at JD Supra, discussing the Texas appellate opinion in Bluestone Resources, Inc. v. First National Capital, LLC. As the article notes, the decision raises interesting issues about whether and when a court may impose statutory interest on an award when the arbitrators fail to provideContinue reading ““Splitting with Sister Courts, the Dallas Court of Appeals Holds Post-Judgment Interest Applies to Judgments Confirming Arbitration Awards””

Attorney Robert Herskovits has authored this interesting article, available at JD Supra, discussing the intervention of the Alabama Securities Commission (“ASC”) in a Florida action brought by a registered financial advisor to confirm an arbitration award that expunged certain customer complaints from his record. According to the article, the ASC has stated its intention toContinue reading ““State Securities Regulator Moves To Vacate A FINRA Arbitration Expungement Award””