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Domestic Commercial Arbitration in Canada ( April 2005 )
Recent authority in both Ontario and British Columbia has considered the enforceability of arbitration agreements to forestall intended class proceedings. -
The Increase in Adversarial Proceedings Between Energy Companies ( October 2004 )
When it comes to how energy companies treat one another, a change is in the wind. Energy companies have become more willing than ever to instigate adversarial proceedings in order to recoup damages, even against fellow industry members. The trend is partially facilitated by an increasing reliance on alternative dispute resolution (ADR), including, for example, arbitration procedures incorporating expedited schedules. The numerous mergers and acquisitions among industry members have also contributed to this change in industry culture. -
Reading The Fine Print: Unhappy Consumers Not Necessarily Bound To Arbitration ( March 2005 )
It is common today for consumer goods and services purchase and financing agreements, and credit card agreements, to include a provision requiring disputes to be submitted to arbitration. These provisions identify the arbitration forum in which the dispute will be determined, and often spell out procedural requirements, limitations and other aspects of the process. -
It's 11 AM. Do You Know Where Your Employees Are?: Effective Use Of Location-Based Technologies In The Workplace ( March 2005 )
Radio Frequency Identification (RFID), Global Positioning Systems (GPS), and Event Data Recorders (EDR) are all on the verge of becoming part of daily life -- outside the workplace. Wal-Mart, and other major corporations, including Proctor & Gamble, IBM, and United Parcel Service, are working towards the eventual replacement of the omnipresent barcode by RFID, a computer chip that transmits a unique radio signal identifier. -
The Increase in Adversarial Proceedings Between Energy Companies ( October 2004 )
When it comes to how energy companies treat one another, a change is in the wind. Energy companies have become more willing than ever to instigate adversarial proceedings in order to recoup damages, even against fellow industry members. The trend is partially facilitated by an increasing reliance on alternative dispute resolution (ADR), including, for example, arbitration procedures incorporating expedited schedules. The numerous mergers and acquisitions among industry members have also contributed to this change in industry culture -
Employer Policy Changes: Notice By Email or Ink ( September 2004 )
An employer sends a company-wide email notifying employees about a new policy mandating arbitration of employment disputes. Later, an employee files a lawsuit in Court claiming that he was wrongfully terminated by the company because of a disability. The Court denies the employer’s request that the former employee should be required to arbitrate his claim according to the new policy, and allows the lawsuit to proceed in Court. -
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.
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