By ALM Staff | January 14, 2025
In The Legal's Alternative Dispute Resolution special section, read about browsewrap arbitration agreements, tips to break a mediation deadlock and some mistakes parties make at mediation.
By Matthew A. Green and Matthew E. Selmasska | January 14, 2025
The Pennsylvania Supreme Court is set to take up the enforceability of Uber’s “browsewrap” arbitration agreements. With browsewrap agreements, the actual text of an arbitration clause is not initially displayed and requires the user to take further action by clicking a link to view the actual terms. Given the format of these agreements, according to Uber, a user’s continued use of the website manifests the user’s consent to all terms and conditions even if the user hasn’t actually viewed the terms.
By Andrew Horowitz | January 14, 2025
Parties don’t simply say what their bottom lines are at the outset, rather the mediator’s job is to gradually convince the parties to make themselves vulnerable by exposing (and possibly moving) their bottom lines.
By Emil Giordano | January 14, 2025
Two parties reaching an impasse is not at all uncommon in mediation and can occur at any point in the process. Even when the situation seems hopeless, there are many strategies available to end an impasse. The key is to identify the source of the deadlock and apply the right strategy.
By Maris J. Weiner | January 14, 2025
While arbitration is not a new concept to family law, the UFLAA standardizes the process in Pennsylvania, ensuring consistency and clarity across cases, and closes the gaps left by the commercial arbitration statutes by addressing the unique needs of family law participants.
The Legal Intelligencer | Commentary
By Lawrence J. Kotler and Drew S. McGehrin | November 8, 2024
In this case, the issue was whether the president was authorized to do so. In a recent decision issued on Sept. 30, 2024, the U.S. Bankruptcy Court for the Eastern District of Michigan examined this fundamental question of basic corporate governance and provided guidance to bankruptcy practitioners who may face similar questions in the future.
The Legal Intelligencer | Commentary
By Katharine Fogarty and Gabrielle Talvacchia | November 8, 2024
In the wake of the landmark decision, employers across the country have been dealing with an uptick of litigation targeting workplace diversity, equity, and inclusion (DEI) policies and programs.
The Legal Intelligencer | Commentary
By Brittany Atkinson and Robert J. Baker | November 8, 2024
Employers must tread carefully to avoid allegations of retaliation or wrongful termination, which can easily lead to additional legal challenges. Understanding the interplay between workers' compensation laws and employment law is critical.
The Legal Intelligencer | Commentary
By Karen E. Toth | November 8, 2024
While seasoned employment attorneys are experienced in drafting various legal documents, navigating the specific requirements of Section 409A can be challenging and the consequences of noncompliance can be severe. This article provides a helpful refresher to ensure you're drafting your documents with the intricacies of 409A requirements in mind.
The Legal Intelligencer | Commentary
By Natalia Gouz | November 8, 2024
Starting on Jan. 8, 2025, individuals traveling to the U.K., including U.S. citizens, will need to apply for the electronic travel authorization (ETA) to visit or transit through the United Kingdom (assuming they don't need a U.K. visitor visa).
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