Welcome to the August 2015 edition of the Commercial Litigation Update, an e-publication that features articles authored by the attorneys in Barnes & Thornburg LLP's Commercial Litigation Practice Group. To read an article from this month's edition of the Commercial Litigation Update e-newsletter, click on the hyperlinks in the article titles below.
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Agreement to AAA Rules Confirms an Arbitrator’s Authority to Determine Jurisdiction
By Timothy J. Abeska
Both the Commercial and Construction Arbitration Rules of the American Arbitration Association grant the arbitrator “the power to rule on his or her jurisdiction.” Read more about two recent cases which confirmed that incorporation of AAA Rules into an arbitration agreement evidences an intent to allow the arbitrator to determine what issues are arbitrable.
Arbitration Agreement Does Not Relieve Company of Need to Respond to Lawsuit
By David J. Dirisamer
Arbitration, compared to litigation, may be less expensive and generally leads to a quicker resolution. However, those benefits are of no use if the dispute ends up in litigation, despite the arbitration agreement. Learn more about what companies can do to ensure that their disputes are resolved through arbitration when a lawsuit is filed relating to an arbitrable claim.
Recent Cases Address the Fiduciary Exception to Attorney-Client Privilege
In an effort to avoid disclosing attorney communications to shareholders, corporate directors and officers often invoke attorney-client privilege. However, this privilege is not without exceptions. Read more about recent cases that allow shareholders to access some fiduciary-attorney communications.
Class Action Defendants Can Add Venue Transfers to TheirArsenals
By Christine E. Skoczylas
In a recent case, Sickman v. Asset Recovery Solutions, LLC, the Northern District of Illinois issued a decision highlighting a class action defendant’s ability to transfer venue based on the convenience of the parties. Read more about this case and how companies can determine if a transfer of venue is in their best interest.
Michigan Court of Appeals Holds Forum-Selection Statute Requires Forum-Selection Clauses to be Exclusive
Learn more about a recent Michigan Court of Appeals case that held that the statute requires a forum-selection clause to be "exclusive," and provided guidance as to how an "exclusive" forum-selection clause should be written.
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