Punitive Damages And International Commercial Arbitration

Today the U.S. Supreme Court issued its decision in Dart Cherokee Basin Operating Co. v. Owens, No. 13-719, a case involving the procedural requirements for removing a class action from state to federal court under the Class Action Fairness Act ("CAFA").

The Washington Court of Appeals affirmed a trial court's denial of an employer's motion to compel arbitration in a wage and hour class action, finding the arbitration agreement procedurally unconscionable. The ruling examines how employers present arbitration agreements to employees and whether workers receive meaningful opportunity to understand terms before signing, with significant implications for class action litigation strategy.

On December 14, 2021, the Washington State Court of Appeals issued an opinion.

A company that receives a demand letter under California’s Consumers Legal Remedies Act (CLRA) should assume that a California consumer class action may be coming.

After nearly five years of contentious international arbitration, a Michigan-based manufacturer of adjustable bed bases and mattresses secured a substantial monetary judgment against its Taiwan-based supplier and the supplier's parent company. The case involved complex evidence, intricate legal issues, and Mandarin translation of documents and testimony, ultimately resulting in the confirmation of multiple arbitration awards by a federal district court.

July 2024 – Read about the firm's most exciting recent litigation and arbitration victories in our Litigation Wrap for the second quarter of 2024.

Dedicated to the professional success of LGBT lawyers and allies, the ABA Section of Litigation will be hosting an inaugural LGBT Forum​ May 2-3 in San Francisco.

On August 21, 2026, the Tenth Circuit granted the NCAA’s stay request in Wisne v. NCAA, temporarily restoring the NCAA’s age-based eligibility rules pending resolution of the appeal. Three weeks earlier, Judge Sweeney of the District of Colorado had issued a nationwide injunction that permitted athletes in the Class of 2022 to pursue a fifth year of eligibility.

A Texas Business Court examines the boundaries of derived judicial immunity for court-appointed receivers and the entities they create, addressing whether immunity survives appellate reversal and extends beyond the receiver personally. The decision clarifies when post-closing litigation against receivers may be barred and what parties must plead to overcome immunity defenses.

The Court granted petitions for panel rehearing in two precedential cases: NRA Group, LLC v. Durenleau and Murrin v. Commissioner of Internal Revenue. The panels issued amended opinions making minor changes in each case...

Artificial intelligence is transforming corporate governance, requiring directors to navigate complex oversight challenges as AI systems become embedded across business operations. This article examines how established UK directors' duties apply in the context of AI adoption, exploring the practical implications for board-level decision-making and risk management. Directors must balance AI's strategic opportunities against emerging risks while maintaining effective human oversight and independent judgment.

President Trump's August 2026 memorandum establishes a government-supervised program enabling vetted private companies to conduct cyber operations against foreign criminal organizations. The framework requires federal approval and oversight for all activities, raising questions about how it differs from existing contractor arrangements and whether it truly expands private-sector cyber authorities.

The post analyzes the recent ICSID Award in Favianca v. Venezuela and, more broadly, addresses the issue of international claims filed after a State has denounced a treaty but before that denunciation has become effective.

This has been a year in which automotive technology and the legal issues surrounding it have come increasingly to the forefront, both in legal circles and public perception.

California's Privacy Protection Agency has launched its first enforcement actions under the Delete Act, targeting data brokers LocateSmarter and Cybba for failing to register with the state. These cases signal a new era of aggressive enforcement, with substantial fines and no grace period for compliance, while the agency simultaneously raises registration fees from $6,000 to $9,500 annually.

The SEC's Division of Corporation Finance has announced a significant policy shift, immediately ceasing all responses to no-action requests for shareholder proposal exclusions under Rule 14a-8. This decision removes the Staff from any substantive role in the shareholder proposal exclusion process, fundamentally altering how companies must evaluate and justify excluding shareholder proposals from their proxy materials.

The threat of German patent litigation is rising. Germany is second only to the United States in the number of patent infringement actions brought by non-practicing entities (NPEs)...

China published the draft Regulations on the Administration of Network Data Security for comment through December 13, 2021.

The US and China have agreed to hold their 12th round of trade negotiations in Shanghai beginning July 30.

China has issued a new regulation which imposes potentially severe restrictions on the export of scientific data while at the same time calling for wider access to such data within the country.