New Texas Rule for Expedited Civil Actions

In February of 2013, the Supreme Court of Texas issued Texas Rule of Civil Procedure 169, which designs a streamlined and expedited trial process for cases valued below $100,000 (excluding actions under the Family Code, Property Code, or Tax Code).  It applies to cases filed after 1 March 2013. Read more

Rhode Island Pension Law referred to the Federal Mediation and Conciliation Service

A new law in the state of Rhode Island overhauling its pension plan is the focus of a dispute between the State and five public sector unions representing police, firefighters, teachers, and other government employees.  The mediation will be handled by the Federal Mediation and Conciliation Service. Allison Alcasabas (partner) and Annemarie Jones (associate) from our New York office … Read more

Federal Mediation and Conciliation Service Deputy Director Instrumental in National Hockey League Deal

The Federal Mediation and Conciliation Service (“FMCS”) and its Deputy Director, Scot L. Beckenbaugh, were instrumental in resolving the recent dispute between the National Hockey League (“NHL”) and the National Hockey League Players’ Association (“NHLPA”). The dispute arose in July 2012 when the NHL and NHLPA began discussing a new collective bargaining agreement.  The dispute hinged, … Read more

USA: Occupational Safety and Health Administration Announces ADR Pilot Programme for Whistleblower Complaints

The Occupational Safety and Health Administration (OSHA), which is part of the United States Department of Labor, has announced that it is implementing an Alternative Dispute Resolution (ADR) pilot programme for certain whistleblower complaints.   OSHA’s mission is “to assure safe and healthful working conditions for working men and women by setting and enforcing standards and … Read more

The role of ‘settlement counsel’ in the USA

The role of ‘settlement counsel’ is growing in the US. Unlike litigation counsel, who are engaged to prosecute or defend claims before the courts, the objective of settlement counsel is to engage in problem solving focused on the interests of the parties. In doing so, they pursue settlement by giving attention to the interests of the … Read more

ADR on the increase in US Federal courts

A November 2011 study by the Federal Judicial Center has revealed that more than one-third of all federal trial courts authorise multiple forms of ADR, and all federal courts authorise one form of ADR.  For the 12-month period ending June 30, 2011, 28,267 cases were referred to ADR in 49 district courts. Read more

Herbert Smith wins CPR Institute Award

In January 2009, the International Institute for Conflict Prevention & Resolution (the CPR Institute) based in New York presented its annual law firm award to Herbert Smith. The CPR Institute recognised Herbert Smith (over numbers of US firms) for ‘its leadership and dedication to the principles of conflict management and resolution’. The award committee comprised … Read more