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Limitations on Third-Party Discovery in Arbitration
In recent years, it has become almost a foregone conclusion that a savvy employer seeking to avoid costly litigation with its employees will require those employees to sign agreements that provide for mandatory arbitration of any claims arising out of their employment. However, the decision to submit all employment disputes to mandatory arbitration only should be made after a careful analysis of the pros and cons of arbitration so that the employer can determine whether the perceived benefits of arbitration actually are worth the significant disadvantages.
One perceived benefit of arbitration is that it is assumed to be less expensive than court litigation. This assumption is based in large part on the notion that discovery is limited in arbitration. However, in many cases, the same amount of discovery takes place in arbitration as it does in court litigation, and thus no cost saving is achieved.
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Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
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Coverage Issues Stemming from Dry Cleaner Contamination Suits
In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.