News & Publications

While companies – particularly emerging companies – may have limited capacity to address dispute resolution, such terms can be essential in their agreements should a dispute later emerge. As no one size fits all, either arbitration or litigation may be appropriate based on several factors, including the type of commercial agreement (and potential disputes), confidentiality concerns or desire for more (or less) discovery. When the agreement is cross-border, arbitration is likely to be superior to [...]

During recent oral arguments, justices for the Supreme Court of the United States seemed conflicted on whether to upend the existing standard that allows an employer to refuse religious accommodations to its employees if the employer can show that granting the accommodation would involve more than a "de minimis" cost to the employer. Quick Hits The Supreme Court heard arguments in Groff v. DeJoy, a case over whether the more-than-de-minimis-cost test for refusing religious accommodations under Title [...]

Houston, Texas (April 18, 2023) – This week, the Eleventh Circuit Court of Appeals issued a ruling that sets up a split in authority over whether freight broker tort claims are preempted by the Federal Aviation Administration Authorization Act (FAAAA) (40 U.S.C. § 14501(c)(1), and whether those claims are excluded from preemption under the "safety exception" found in 49 U.S.C. § 14501(c)(2)(A). Essentially, the court held that the construction of the statute's exception used specific and [...]