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Litigation and Alternative Dispute Resolution

Immunity for the Devil’s Advocate?

Contact: Mark Brookes, Partner and Marijke Bassani, Graduate Lawyer; Carter Newell (Queensland, Australia)

The recent New South Wales Court of Appeal decision in Bird v Ford [2014] NSWCA 242 involves allegations of negligence against a firm of solicitors, where the solicitors successfully defended the claim on the basis they did not breach their duty of care in the advice they provided to their client when playing ‘devil’s advocate’ regarding the client’s prospects of success in underlying litigation.

The judgment is primarily relevant to insurers of solicitors and barristers, and contains interesting commentary on the extent of a solicitor’s duty to advise and warn clients in cases with doubtful prospects, and also involves consideration of procedural fairness in disciplinary matters and (in the first instance decision) the ongoing application of advocates’ immunity from suit...


Istanbul Arbitration Center

Contact: Att. Leyla Orak; Erdem & Erdem (Turkey)

Arbitration Centers

Globalization, cross-border transactions and transnational disputes increase the need for a reliable dispute resolution mechanism, which inevitably results in emphasis on international arbitration. Despite the costs, corporations are inclined to prefer arbitration over litigation before courts, recognizing it as better suited to meet their needs[1]...


Suit Alleges Neiman Marcus Outlet Prices are Deceptive

Contact: Gonzalo E. Mon; Kelley Drye & Warren LLP (Washington D.C., USA)

In February, we posted that four members of Congress sent a letter to the FTC expressing concerns that consumers are being deceived by pricing at outlet stores and asking the FTC to investigate. Although the FTC has been fairly quiet on this issue, so far, plaintiffs' attorneys have started to take notice...


Manufacturer's Corner: Anatomy of a Limited Warranty (Part 2)

Contact: Ryan Hardy; Spencer Fane Britt & Browne LLP (Missouri, USA)

In our last installment, I introduced the importance of making your warranty terms clear. Now, we turn to the specifics, beginning with the express warranty itself. Here are some of the boxes you need to check when reviewing your express warranty. (Note that, for clarity, this post assumes a non-consumer sale; issues unique to consumer sales will be addressed in the final post in this series)...


Are Federal Courts Committing a FCRA Violation When Lawyers Pay Filing Fees Online?

Contact: Pat McLaughlin; Spencer Fane Britt & Browne LLP (Missouri, USA)

Fellow federal practitioners, could something most of us do on a regular basis be a money making opportunity we’ve simply overlooked? An enterprising lawyer in the Northern District of Illinois thought so. Unfortunately, in the case of Bormes v. United States of America, No. 13-1602, (7th Circuit), handed down July 22, 2014, the Seventh Circuit answered in the negative...


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