Practice Points

CMS Issues New Arbitration Rule for Nursing Homes

By Mark Kantor, Karl Bayer, and Beth Graham – February 20, 2020 | A resident’s right to continue to receive care at a long-term care facility must not be contingent upon signing an arbitration agreement.

In International Arbitration, Parties May Be Entitled to U.S. Discovery

By John B. Pinney – February 5, 2020 | The Sixth Circuit held that a commercial arbitration panel in Dubai hearing a case between private parties might be entitled to take discovery aided by the U.S. courts.

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A Shared Goal: Efficient, Cost-Effective Commercial Arbitration

By Joan Stearns Johnsen – February 17, 2020 | Arbitrators possess a great deal of power that they can and should exercise to keep costs down and move the process forward expeditiously and fairly.

Obstacles—and Workarounds—to Obtaining Third-Party Documents in Arbitration

By Charles F. Forer – February 13, 2020 | Where courts refuse to allow document production from third parties, there are workarounds.

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Sound Advice Podcasts

Understanding the Role of Settlement Counsel

By Eric English, Frank Bedell, and Pat O'Malley – February 14, 2020 | In this Sound Advice, Eric English, Frank Bedell, and Pat O'Malley, settlement counsel will discuss the role of settlement counsel, how it works, and explore some of the mis-perceptions about settlement counsel. (11:30 min)

Selecting the Right Commercial Arbitrator

By Neal Eiseman – December 31, 2019 | The notion that you can select the person who will decide your client's fate in arbitration is powerful and not to be taken lightly. In this Sound Advice, Neal Eiseman gives tips on what to consider and how best to make that selection. (5:39 min)

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