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

Case Study: settlement of mass claims arising out of World Trade Center litigation

Herbert Smith Freehills acts for the Lend Lease group of companies (LL LMB) in relation to the World Trade Center (WTC) clean-up litigation following the events of 9/11. Over 18,000 plaintiffs sued more than 50 defendants including the City of New York and LL LMB for personal injuries, respiratory diseases and other damages alleged to have resulted from … Read more

Federal Mediation and Conciliation Service plays key role in NFL-NFLRA agreement

The Federal Mediation and Conciliation Service (FMCS), created in 1947, is an independent United States government agency whose mission is to “preserve and promote labour-management peace and cooperation.”  Headquartered in Washington, D.C., with 10 district offices and more than 60 field offices, the agency provides mediation and conflict resolution services to industry, government agencies 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

Herbert Smith New York opens today

Our New York office opens for business today, 4 September 2012. The office will initially operate as Herbert Smith New York. On 1 October 2012, the official launch date of our merger with leading Australian firm Freehills, it will become part of the Herbert Smith Freehills international network. The New York office will focus solely on complex cross–border … Read more

Mediation holds steady in the USA

A recent survey of general counsel and senior lawyers at Fortune 1000 corporations has found that arbitration usage is in decline whilst mediation is holding steady. The study, co-sponsored by Pepperdine’s Straus Institute, Cornell University, and the International Institute for Conflict Prevention and Resolution (CPR) reports that mediation appears to be as widely used as … Read more