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<i>Res Judicata</i> and Collateral Estoppel In Subsequent Arbitration Proceedings
The doctrines of res judicata (aka “claim preclusion”) and collateral estoppel (aka “issue preclusion”) are closely related: They both aim to foreclose a party from re-litigating a right, question or fact previously adjudicated by a court or tribunal of competent jurisdiction between the same or related parties. Because both doctrines have long been recognized as available in arbitration ( Commonwealth Ins. Co. v. Thomas A. Greene & Company, Inc., 709 F. Supp. 86, 88 (S.D.N.Y. 1989); Restatement (Second) Judgments ' 84(1)), it is not uncommon in the realm of reinsurance disputes ' where the reinsurance contracts at issue very often require an arbitral forum ' for a party that has been victorious on an issue or claim in an initial arbitration (or lawsuit) to attempt to preclude its opponent or a related party from re-adjudicating that same claim or issue in a subsequent arbitration.
The predominantly confidential nature of reinsurance arbitrations makes less clear how successful res judicata or collateral estoppel arguments before arbitrators are in ultimately barring the subsequent claims or issues. Indeed, as discussed further herein, the inherent attributes of the arbitration process, designed in part to bring greater efficiency and less formality to the dispute resolution process, may undermine the effectiveness of a preclusion argument.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
When Is a Repair Structural or Nonstructural Under a Commercial Lease?
A common question that commercial landlords and tenants face is which of them is responsible for a repair to the subject premises. These disputes often center on whether the repair is "structural" or "nonstructural."