Presentation

A Contract Within a Contract: Practical Tips and Pointers to Compelling Arbitration

July 14, 2023

Read Time: 1 min

Member Jim Sandy (Cleveland) will co-present a Federal Bar Association webinar, “A Contract Within a Contract: Practical Tips and Pointers to Compelling Arbitration,” on July 14, 2023. This presentation will cover all things arbitration, including the formation of arbitration agreements, who gets to decide gateway questions of arbitrability, mass arbitration and why you should care, typical defenses to motions to compel arbitration and responses thereto, successful strategies to minimize risk and costs once in arbitration, and grounds to confirm or vacate an arbitrator’s award.

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Insights

Alert

JAMS Announces New Mass Arbitration Rules and Procedures

May 17, 2024

Following in the footsteps of the American Arbitration Association (AAA), JAMS recently announced the creation of its own mass arbitration procedures and guidelines, designed, in part, “to facilitate the fair, expeditious, and efficient resolution of mass arbitrations.”

Alert

Which came first: Forum selection clause or arbitration provision? SCOTUS to decide

November 7, 2023

For the second time in as many years, the Supreme Court of the United States has agreed to hear an appeal from a prominent cryptocurrency exchange regarding the enforceability of its arbitration clause in the exchange’s user agreements.

Presentation

It’s in the Contract: Compelling Arbitration in the Collections Context

November 9, 2023

Member Jim Sandy (Cleveland) will present "It’s in the Contract: Compelling Arbitration in the Collections Context" at The Association of Credit and Collection Professionals (ACA) International's 2023 Fall Forum on November 9, 2023.

Alert

Stop the Case: SCOTUS Resolves Circuit Split on Stays Pending Appeal of Arbitration Decision

June 28, 2023

Resolving a circuit split, the Supreme Court ruled that litigation, including discovery, is automatically stayed when a party appeals the denial of a motion to compel arbitration under the Federal Arbitration Act (FAA).

McGlinchey Commercial Law Bulletin

Is My Contract Specific Enough to be Enforceable?

May 26, 2023

McGlinchey’s Commercial Law Bulletin is a biweekly update of recent, unique, and impactful cases in state and federal courts in the area of commercial litigation.

McGlinchey Commercial Law Bulletin

When Do I Need to Establish Article III Standing?

May 5, 2023

McGlinchey’s Commercial Law Bulletin is a biweekly update of recent, unique, and impactful cases in state and federal courts in the area of commercial litigation.

McGlinchey Commercial Law Bulletin

Is My FDCPA Claim Timely?

March 14, 2023

McGlinchey’s Commercial Law Bulletin is a biweekly update of recent, unique, and impactful cases in state and federal courts in the area of commercial litigation.

McGlinchey Commercial Law Bulletin

Who has Standing to Assert a TILA Violation?

February 20, 2023

McGlinchey’s Commercial Law Bulletin is a biweekly update of recent, unique, and impactful cases in state and federal courts in the area of commercial litigation.

Presentation

Arbitration 101 – What Practitioners Should Know about Navigating the Procedures and Practicalities of Arbitration

December 16, 2022

Members Brent Hicks (Baton Rouge), Zelma Frederick (Baton Rouge), and Associate Brad Barback (Baton Rouge) are presenting at the Baton Rouge Bar Association's CLE By the Hour Survive and Thrive on Friday, December 16, 2022, on "Arbitration 101 – What Practitioners Should Know about Navigating the Procedures and Practicalities of Arbitration".

McGlinchey Commercial Law Bulletin

Is My Arbitration Agreement Enforceable?

November 18, 2022

McGlinchey’s Commercial Law Bulletin is a biweekly update of recent, unique, and impactful cases in state and federal courts in the area of commercial litigation.

Presentation

E-Signature, E-Contract, and Remote Notarization: Regulatory Developments and Recent Enforceability Decisions

August 1, 2022

Aaron Kouhoupt (Cleveland) will co-present a Stafford CLE webinar on Thursday, August 4, 2022, to review the most recent state and federal updates regarding the use of e-signatures, e-contracts, and remote notarization. The panel will discuss the expansion of e-contracts in previously restricted industries and recent decisions about the enforceability of e-contracts in general and particular provisions, including mandatory arbitration clauses.

Alert

No Harm, No Foul: Court Rules Prejudice Not Required to Establish Waiver of a Right to Arbitrate

May 24, 2022

In a unanimous Opinion issued Monday, May 23, the United States Supreme Court resolved a circuit split and held that waiver of a right to arbitrate does not require a showing of prejudice to the opposing party.