News & Publications

Eleventh Circuit Holds Public Policy Is Not Grounds To Vacate Arbitration Award, Affirms $187.9 Million Award Against Venezuelan State-owned Mining Entity

The Eleventh Circuit has confirmed that under Chapter 1 of the FAA, public policy cannot serve as a basis for vacating an arbitration award, affirming the restrictive limits of judicial review in such cases. Key takeaways The Eleventh Circuit has confirmed that under Chapter 1 of the FAA, public policy cannot serve as a basis for vacating an arbitration award, affirming the restrictive limits of judicial review in such cases. The ruling emphasizes the principle [...]

Stays Pending Appeal: The Status Quo’s Best Friend

When it doesn't end in settlement, litigation will inevitably end with winners and losers. That is, one side will obtain a favorable outcome or ruling, while the other side does not. Often, the aggrieved party will seek review of the trial court's decision in an appellate court. When filing an appeal, the aggrieved party may ask, "Why can't this decision just be postponed until after my appeal is resolved?" Enter the concept of a stay [...]

OCR Files Notice Of Appeal In Online Tracking Technologies Case

On August 19, 2024, the US Department of Health and Human Services Office for Civil Rights (OCR) filed a notice of appeal of the US District Court for the Northern District of Texas's June 20, 2024, decision in American Hospital Association (AHA), et al. v. Xavier Becerra, et al. The district court held that OCR exceeded its authority in certain respects in a bulletin (the Bulletin) concerning HIPAA's application to cookies and other online tracking technologies on HIPAA-regulated [...]