In the recent decision of Oxford Health Plans v. Sutter, the U.S. Supreme Court ruled unanimously that even a "grave error" of an arbitrator is not enough to vacate an award in most cases. Oxford Health Plans had gone to federal court seeking to vacate an arbitrator's...
Month: June 2013
275 Washington St. Corp. v. Hudson River Int’l., LLC: Collecting Indemnification Damages in Commercial Leases
In a recent case, 275 Washington St. Corp. v. Hudson River Int'l., LLC, 465 Mass. 16 (2013), the Supreme Judicial Court ruled that a commercial landlord cannot recover post-termination damages under an indemnification clause until the original lease term expires. In...
Tax Dependency Exemptions
In a case decided last month, the Court held that a Judge of the Massachusetts Probate and Family Court has the authority to order the allocation of tax dependency exemptions for divorced parents. When parents divorce, only one parent is permitted to claim the tax...
The Foreign Corrupt Practices Act: An Overview
In many parts of the world, cash payments to government officials are not only routine, but required to do business. While some foreign governments may turn a blind eye to such practices, the United States does not. Under the Foreign Corrupt Practices Act (FCPA), both...
The Role of Bifurcation in an Arbitral Hearing and its Real World Applications
In a major decision, an arbitral tribunal in the International Chamber of Commerce ("ICC") has issued a ruling on the liability of YPF, the state-controlled energy company of Argentina, for its role in the suspension of natural gas exports to Brazil. The claim that...
Foreign Corrupt Practices Act: An Overview
In many parts of the world, cash payments to government officials are not only routine, but required to do business. While some foreign governments may turn a blind eye to such practices, the United States does not. Under the Foreign Corrupt Practices Act (FCPA), both...
AFCC Annual Conference Divorce Resources
I recently attended the 50th Anniversary Conference of the Association of Family and Conciliation Courts (AFCC). AFCC was founded in 1963, and now consists of more than 4,600 members, representing 49 states and 27 countries worldwide. Members include judges, court...
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