The Seventh Circuit recently held that a party may waive its right to arbitrate by choosing to litigate and waiting too long to invoke arbitration. The court also found that a contractual no-waiver provision could not prevent waiver based on litigation conduct. The decision underscores the importance of identifying and asserting arbitration rights early.
Companies frequently reserve arbitration as an affirmative defense while simultaneously litigating threshold motions and engaging in discovery. The question is whether that litigation conduct can later be characterized as a waiver of the right to arbitrate. In Parkin v. Budget Rent A Car System, Inc., the United States Court of Appeals for the Third Circuit held that it could not.
The International Chamber of Commerce has revised its arbitration rules to streamline early case management, expand expedited procedures, strengthen conflict-disclosure requirements, and clarify tribunals’ authority to address certain issues earlier in a case.
The National Labor Relations Board’s top prosecutor published a roadmap detailing how she intends to challenge some recent labor policy shifts, identifying 13 NLRB decisions she has challenged, or intends to challenge, covering topics like severance agreements, workplace rules, union organizing, bargaining obligations, employee misconduct, dues checkoff, and monetary remedies.
Communities are increasingly using creative financing to produce attainable housing. These projects often bring together many parties in many roles: developers, municipalities, housing and economic-development professionals, consultants, lenders and investors. A recent Securities and Exchange Commission (SEC) enforcement action is an important reminder: helping assemble a housing financing can sometimes cross into regulated securities activity.
The 21st Century ROAD to Housing Act provides local governments with additional tools to support housing development, particularly the “missing middle” homes many communities need. Communities can begin preparing now to take advantage of new housing and infrastructure opportunities as they become available.
Michigan's Transformational Brownfield Program remains an important tool for communities seeking to advance complex redevelopment projects that may not be financially feasible without public support, combining the traditional property tax capture tools of a traditional brownfield plan with the ability to capture income taxes, sales and use taxes and withholding taxes.
Many investment advisor firm owners spend decades building trusted client relationships but wait too long to develop a formal succession strategy. Planning what happens in case of a sudden change or crisis, and when retirement approaches, serves as a business planning strategy and ensures advisors meet their fiduciary duties during business transitions.
Effective Sept. 15, 2026, a new Department of Homeland Security rule will replace “Duration of Status” for F-1 students, J-1 exchange visitors and most I visa media representatives with fixed periods of admission.
The DOL has proposed a new electronic disclosure safe harbor for group health plans that could reduce the cost and administrative burden of paper notices. The proposal largely mirrors the existing safe harbor for retirement plans, with several important differences for health plan communications.
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