Library Search
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Findlaw Interview with Mark Jansen of Townsend and Townsend and Crew ( June 2004 )
Mark Jansen is a partner in Townsend and Townsend and Crew LLP's San Francisco office. He is a trial attorney whose practice includes antitrust, unfair business practice, business tort, intellectual property and other business dispute litigation. He recently prevailed in the case of POWERAGENT INC. v. ELECTRONIC DATA for his client, Electronic Data Systems, and discussed the case with FindLaw. -
Steering Clear of the Runaway Jury ( March 2004 )
Over the last few years, courts have made it clear that they will allow employment-related disputes to be submitted to arbitration where the employer and employee have agreed to do so. However, arbitration does have its downsides. One alternative to arbitration agreements is a "jury waiver agreement." -
The "Separability Doctrine:" The Continuing Impact of Prima Paint in Georgia, Alabama, and the Eleventh Circuit ( March 2004 )
The Alabama state law policies favoring judicial determination of "arbitrability" clearly conflict with the Eleventh Circuit's policy preferences favoring arbitration and its emphasis on the parties' presumptive assent. This conflict may be of particular interest in the construction context, in light of the numerous lawsuits brought under Alabama's harsh qualification statutes. -
Employment Law Alert: Recent California appellate decision invalidating predispute jury trial waiver ( March 2004 )
The decision in <i>Grafton Partners LP v.Superior Court (PricewaterhouseCoopers LLP)</i>, should cause employers with California operations who have previously eschewed binding arbitration in favor of jury trial waivers or unfettered judicial process in such cases to think again. All employers with California operations are urged to familiarize themselves with the <i>Grafton</i> holding and consult immediately with experienced employment counsel as to its impact on predispute jury trial waivers and/or binding arbitration language presently in effect in their employment agreements, releases, policies, and handbooks. -
Bullet-Proofing Your International Arbitration: 6 Important factors your lawyer should consider when writing your contracts ( January 2004 )
International traders inevitably encounter arbitration, or at least arbitration clauses. When all is said and done, commercial parties from one country will rarely agree to submit their disputes to the courts of their foreign commercial partners. Reprinted from <i>World Trade Magazine</i>, Copyright 2000. -
National Employment Litigation & Policy Trends Continue To Raise Major Challenges For America's Corporate Employers ( November 2003 )
This Year In Review focuses on national employment litigation and policy trends that raise major challenges for America’s corporate employers. An understanding of these national trends will enable corporate counsel to address these developments in an effective manner. -
Be Cautious About Arbitration Clauses ( April 2003 )
A Carrollton-based designer and builder of electrical power plants has been contacted by a regional government entity to build a power plant in the Ukraine using local labor. While the project sounds lucrative, the prospect of labor strikes, corruption, red tape, delays, withdrawal of government approval and the ability to enforce breaches and delays raises concerns. -
International Arbitration Clauses Keep Trading Partners on Track ( April 2003 )
A Conroe-based designer and builder of electrical power plants has been contacted by a regional government entity to build a power plant in the Ukraine using local labor. While the project sounds lucrative, the prospect of labor strikes, corruption and red tape, delays, withdrawal of government approval and the ability to enforce breaches and delays raises concerns about the risks of the project. -
Getting a Fix on the Right to Repair: Builders Must Be Careful When Altering SB 800's Pre-Litigation Procedures ( April 2003 )
Construction defect litigation is one of the many culprits blamed for the cost and scarcity of new residential housing in California and the lack of affordable construction insurance. In an effort to reduce the cost of litigation and insurance, while still protecting homebuyers, the California legislature enacted SB 800 (California Civil Code §895 et seq.) which, among other things, adds notice, repair and mediation procedures to residential construction defect claims.