Author Archives: Robert Harris

Invoking a rarely utilized writ of prohibition, an employer successfully prevailed upon the West Virginia Supreme Court to prohibit a lower court from enforcing its order denying a motion to compel arbitration of claims brought by a former employee. In State of West Virginia Ex Rel. Troy Group, Inc., A Delaware Corporation v. The HonorableContinue reading “Lower Court’s Skepticism Over Authenticity of Arbitration Agreement Rejected By West Virginia Supreme Court”

This article by Chris Cooke, available through Complete Business Update (CMU), discusses a Ninth Circuit dispute between HBO and the Michael Jackson estate regarding the duration of a non-disparagement provision contained in a 1992 contract between HBO and Jackson. The estate contends the provision endures forever, as well as a requirement that disputes arising underContinue reading ““HBO urges Ninth Circuit to stop its Leaving Neverland dispute with the Jackson estate from going to arbitration””

Steven Phillips of Jackson Lewis provides an excellent overview of FINRA arbitration rules and procedures applicable to employment matters in this article published by The National Law Review. This is well worth a read for those contemplating the submission of an employment arbitration to this forum.

“Many people opt for binding arbitration because it is supposedly faster and cheaper, and binding – thus final.  Some people have to arbitrate their matters that they cannot settle amongst themselves, because there are issues that they cannot try before a court given the court’s mandatory obligation to report certain matters to the proper authoritiesContinue reading ““If You Want A Right To Appeal An Arbitration Award, Build It Into Your Arbitration Agreement””

JD Supra has published this article by Katherine Blankenship and David Pugh of Bradley Arant Boult Cummings LLP, discussing the Alabama Supreme Court’s decision in Fagan v. Warren Averett Companies, LLC.

Those involved in matters involving California law may find interesting this article by Peter Choi and Joshua Rodine of Seyfarth Shaw LLP, available through JD Supra.

I am exercising a bit of editorial discretion to share this article I was invited to write by the National Golf Course Owners Association: Anticipating Conflict: How Golf Course Owners Should Contractually Prepare My legal career has included a variety of roles. I represented clients in litigating commercial disputes for more than two decades. IContinue reading “Contract Touchstones”

In Gulf LNG Energy, LLC v. ENI USA Gas Marketing LLC,, the Delaware Supreme Court framed the issues before it as follows: “first, whether the Court of Chancery had jurisdiction to enjoin a second arbitration that collaterally attacks a prior arbitration award; and second, whether the second arbitration in fact collaterally attacked the prior arbitrationContinue reading “Delaware Court Denies Losing Party A Second Bite At the Arbitration Apple”

A New Jersey court’s decision in Asphalt Paving Systems, Inc. v. Associated Asphalt Partners, LLC provides a cautionary tale for those seeking to inject an element of levity into what is supposed to be a formal proceeding. Plaintiff later alleged that as the arbitration ended, the arbitrator asked the parties and their counsel, “What wouldContinue reading “Banter Between Arbitrator And Counsel Unleashes New Proceedings”

Martinez v. Trans Union LLC presented a U.S. District Court with a logical conundrum. Plaintiff brought suit alleging that financial institutions violated the Fair Credit Reporting Act by not adequately investigating claims that a wrongdoer had appropriated his identity, using it to open accounts in his name. Defendant Credit One Bank moved to compel arbitration,Continue reading “Trial Necessary To Determine Whether Plaintiff Or An Identity Thief Signed Arbitration Agreement With Bank”