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  • Article

    Second Circuit Affirms Arbitration Award Finding No Disregard Of Merger Agreement Or Manifest Disregard Of Delaware Law

    In a summary order, the Second Circuit affirmed a judgment confirming an arbitral award of damages for breach of a merger agreement between respondents Sirona Dental Systems, Inc....
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Second Circuit Affirms Denial Of Arbitration In Case Involving Misappropriation Of Trade Secrets

    Medidata brought suit against its competitor, Veeva.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Second Circuit Enforces Arbitration Agreement In Favor Or Non-Party Whose Agent Entered Into That Agreement

    The Second Circuit has affirmed an order compelling a plaintiff-employee to arbitrate his employment related claims against Carnival Cruise Lines, despite the fact that the one page employment agreement ...
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Second Circuit Upholds Refusal To Compel Arbitration Due To Unavailable Forum, Recognizing Split In Federal Circuits

    A borrower had previously entered into three payday loan agreements that contained arbitration provisions mandating that all claims be arbitrated in the NAF, and under the Code of Procedure of the NAF.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    State Contract Law Governs Which Parties May Enforce An Arbitration Agreement

    Courts must apply state contract law principles to determine who may enforce an arbitration agreement.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Tenth Circuit Confirms Arbitration Award Against Non-Party Surety

    Sujit Ghosh, President of Open Orbit Corporation, entered into a Personal Guaranty for the "full and timely performance of and by" Open Orbit under a Retailer Agreement with DISH Network, LLC.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Tenth Circuit Finds That Arbitration Agreement Governs Dispute

    The Tenth Circuit has determined that an arbitration agreement included as part of a set of agreements executed in connection with the purchase of a pickup truck applied to a dispute over...
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Tenth Circuit Strikes Offending Arbitration Provision Clause In Au Pair Agreements

    Plaintiffs had entered into various au pair agreements which contained arbitration provisions, which defendants sought to enforce when a class action was filed.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Third Circuit Applies Presumption Of Timeliness To Pre-Certification Motion To Intervene As Class Representative

    This case concerned a federal antitrust class action involving a proposed class of Class 8 truck purchasers who alleged a conspiracy by several truck transmission suppliers and manufacturers to raise prices...
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Third Circuit Vacates And Remands Order Quashing Subpoena Of Documents For Use In Litigation In Germany

    The district court quashed the subpoena.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    This Week's Florida Appeals: Week Of December 10 - 14, 2018

    U.S. Eleventh Circuit Court of Appeals.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    This Week's Florida Appeals: Week Of October 16-20, 2017

    This Week's Florida Appeals: Week of October 16-20, 2017.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    This Week's Florida Appeals – Week Of January 8-12, 2018

    Week of January 8 - 12, 2018
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    This Week's Florida Appeals – Week Of July 2-6, 2018

    U.S. Eleventh Circuit Court of Appeals
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    This Week's Florida Appeals – Week Of October 23-27, 2017

    U.S. Eleventh Circuit Court of Appeals
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    23 Attorneys General Challenge FCC Ruling On Net Neutrality

    On June 11, the FCC's Restoring Internet Freedom Declaratory Ruling, Report and Order, and Order, 33 FCC Rcd. 311 (2018) (the "Order") took effect.
    United StatesMedia, Telecoms, IT, Entertainment
    Carlton Fields
    Carlton Fields
  • Article

    California Court Grants § 1782(a) Application Seeking Subscriber Identity For Facebook Page Following Amendment Of Application

    Hoteles City Express sought an order granting it permission to issue a subpoena to obtain documents from non-party Facebook, Inc. to show the subscriber identity for a Facebook page allegedly
    United StatesMedia, Telecoms, IT, Entertainment
    Carlton Fields
    Carlton Fields
  • Article

    New HHS Cybersecurity Preparedness Checklist

    If a breach affecting 500 or more individuals occurs, the covered entity or business associate must report the breach to OCR as soon as possible...
    United StatesPrivacy
    Carlton Fields
    Carlton Fields
  • Article

    The ILSA Condo Exemption – Not Out Of The Woods Yet

    ILSA is a federal statute that aims to prevent land sales fraud and uninformed purchases of unimproved real property.
    United StatesReal Estate and Construction
    Carlton Fields
    Carlton Fields
  • Article

    Second Circuit Court Of Appeals Allows Federal Courts To "Look Through" § 10 FAA Petition To Determine Federal Jurisdiction

    The Second Circuit has reversed its own precedent to allow federal courts examining petitions under § 10 of the FAA to "look through" the petition to examine if there is federal jurisdiction.
    United StatesTransport
    Carlton Fields
    Carlton Fields

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