New Guidance on the Enforceability of Arbitration Agreements

Clients often like arbitration provisions because of a belief, sometimes true and sometimes not, that binding arbitration provides a quicker, more efficient, and less expensive alternative to formal litigation.  Whether this is true or not is dependent on, among other things, an understanding and analysis of the facts and circumstances underlying the particular transaction in […]

The Devil is in the Details, and the Profit is in the Claims Process

With contractor bids for the Silver Line Phase II project required to be submitted by the end of the day on Friday, April 19, citizens groups, unions, and other interested parties are beginning to ramp up their criticism of the Metropolitan Washington Airports Authority’s intention to award the contract to the lowest bidder among five […]

Second Circuit Rules Madoff Victims Barred from Bringing Claims Against Securities and Exchange Commission

On Wednesday, a three-judge panel of the Second Circuit Court of Appeals in New York upheld the dismissal of lawsuits brought by Madoff investors against the Securities and Exchange Commission, the U.S. securities regulator. While the court found that the SEC’s actions and inactions were “regrettable”, the court ultimately held that the SEC was protected […]