Publication
Distress signals: Cooperation agreements or mergers to the rescue in times of crisis?
The current volatile and unpredictable economic climate creates challenges for businesses.
United States | Publication | March 2024
In Morgan v. Sundance in 2022, the US Supreme Court made clear that no special rules apply to a waiver of an arbitration provision.
Though the case was decided less than two years ago, it has already been cited hundreds of times at the federal district court level, by every circuit other than the US Courts of Appeals for the First and Federal Circuits, and by seven state supreme courts.
As evidenced by those citations, Sundance has had immediate ramifications in federal courts regarding whether a party has waived the right to arbitrate, but it may take time for its impact to be felt on other federal issues and in state courts—creating either unity in waiver analyses or differences in waiver law depending on whether a party's motion to compel arbitration is brought in state or federal court.
Read "Assessing two years of high court's arbitration waiver ruling."
Publication
The current volatile and unpredictable economic climate creates challenges for businesses.
Publication
On April 17, the Office of the United States Trade Representative’s (USTR) released its Notice of Action and Proposed Action in Section 301 Investigation of China’s Targeting the Maritime, Logistics and Shipbuilding Sectors for Dominance, Request for Comments (the Notice).
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