Litigation and Dispute Resolution

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Litigation and Dispute Resolution

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Fifth Circuit opinion invalidating fiduciary rule creates circuit split; SEC moves forward on fiduciary rule proposals

The Fifth Circuit Court of Appeals has vacated the Department of Labor's new fiduciary rule in its entirety, including the prohibited transaction exemptions that were issued or amended at the same time.

Law Firm: DLA Piper | Published: 19 April 2018 | Practice Area: Securitisation

Arbitrator qualifications - does an insurance barrister have “experience of insurance”?

An arbitration clause providing that the arbitrators must have "not less than ten years' experience of insurance" does not preclude an insurance QC from sitting as arbitrator.

Law Firm: Gowling WLG | Published: 19 April 2018 | Practice Area: Litigation and Dispute Resolution

The basics: what should a dispute resolution clause say?

The key considerations when drafting an effective dispute resolution clause.

Law Firm: Gowling WLG | Published: 18 April 2018 | Practice Area: Equal Treatment

Rating: 9 people found this useful

ONC guide for accessing and using medical records breaks no new ground, instead doubles down on old processes

The US Department of Health and Human Services’ Office of the National Coordinator for Health Information Technology has released a new web-based resource – the ONC Guide to Getting and Using your Health Records.

Law Firm: DLA Piper | Published: 17 April 2018 | Practice Area: Practice and Procedure

Litigants in person must follow the rules

The Supreme Court confirms no leniency for a litigant in person who failed to follow the rules on service of a claim form.

Law Firm: Shoosmiths | Published: 17 April 2018 | Practice Area: Arbitration

Rating: 1 person found this useful

How not to take payments from a company

Directors who are also shareholders need to be careful when arranging how to take payments from a company.

Law Firm: Womble Bond Dickinson | Published: 17 April 2018 | Practice Area: Regulation and Compliance

GDPR - Let’s talk legal, the implications of GDPR and your data

Organisations are still worried that they may still be open to GDPR legal issues and legal interpretation.

Law Firm: Nuix | Published: 16 April 2018 | Practice Area: Litigation

The importance of heeding warnings given by the employment tribunal when under oath

A salient reminder for witnesses but also to those representing parties in proceedings of the importance of heading warnings given by the ET during evidence.

Law Firm: Womble Bond Dickinson | Published: 16 April 2018 | Practice Area: Regulation and Compliance

Rating: 2 people found this useful

Court dismisses class action, rejecting claim that 7-Eleven's franchisees are employees

While many had thought that misclassification claims were only a concern of commercial cleaning franchisors, a recent lawsuit indicates that is not the case.

Law Firm: DLA Piper | Published: 13 April 2018 | Practice Area: Equal Treatment

Collective consultation - when is the duty triggered?

The case of Keeping Kids Company v Smith & others recently confirmed when the duty to collectively consult is triggered.

Law Firm: Shoosmiths | Published: 13 April 2018 | Practice Area: Arbitration

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