Publication
Generative AI
Artificial intelligence (AI) raises many intellectual property (IP) issues.
Author:
United States | Publication | May 3, 2021
The threshold question of who decides whether a dispute is subject to an arbitration agreement continues to be hotly contested. In Wilson-Davis v. SSP America, Inc., a California appeals court determined that arbitrability— that is, whether the parties agreed to arbitrate a particular dispute—is to be decided by a court and not an arbitrator unless the parties clearly and unmistakably provide otherwise in a collective bargaining agreement (CBA). In so holding, the court jettisoned prior distinctions between commercial agreements and CBAs on the issue of arbitrability.
The court held a mere reference that grievances were to be resolved under the CBA was not an express delegation to the arbitrator to decide whether a dispute was subject to arbitration. So, for unionized employers, if you want the arbitrator to decide this threshold question, you must negotiate appropriate language in your labor contracts. The court also concluded that the arbitration agreement did not encompass statutory wage-and-hour claims because there was no clear and unmistakable reference to statutory claims in the CBA.
Publication
Artificial intelligence (AI) raises many intellectual property (IP) issues.
Publication
On December 27, 2023, the European Union’s new Anti-Coercion Instrument (Regulation 2023/2675) (the ‘ACI’) came into force. It aims to protect the European Union (the EU), and its Member States, from economic coercion by third countries. This could be a double-edged sword for businesses, however. While it provides a mechanism for shaping the EU response to injurious third-country measures, it also generates additional regulatory risk for those operating both within and outside the EU.
Publication
International financial markets have started to show significant interest in nature and biodiversity. Whilst climate change and greenhouse gas emissions have made the headlines in recent years, there has been much less focus on their equally important counterparts, nature and biodiversity. However, that has started to change.
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