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DECEMBER 10, 2019
 
 
 
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Litigation News
In house attorneys looking for a better way to organize, vet and easily retrieve legal news created the National Law Review on-line edition.

Around the clock, the National Law Review's editors screen and classify breaking news and analysis authored by recognized legal professionals and our own journalists.

There is no log in to access the database and new articles are added hourly.​
 
 
 
 
On October 18, 2019 the Supreme Court granted certiorari in Seila Law v. Consumer Financial Protection Bureau (CFPB). SCOTUS  will answer the question of “whether the substantial executive authority yielded by the CFPB, an independent agency led by a single director, violates the separation of powers,” and the Justices requested that the parties brief and argue an additional issue: “If the Consumer Financial Protection Bureau is found unconstitutional on the basis of the separation of powers, can 12 U.S.C. § 5491(c)(3) [the for-cause removal provision] be severed from the Dodd-Frank Act?” Read More on the Future of CFPB Here>
 
 
 
The International Council for Commercial Arbitration (ICCA) and the International Bar Association (IBA) have established a Joint Task Force on Data Protection in International Arbitration Proceedings. The task force will develop guidance for arbitration professionals with regard to data protection in arbitration proceedings. This guidance, which is expected to be published for comment later this year or in early 2020, aims provide practical guidance on the potential impact of data protection principles. In particular, it will recommend how information and evidence subject to the European Union’s General Data Protection Regulation (“GDPR”) is to be handled in international arbitration proceedings. Read More on GDPR and International Arbitration Here>
 
 
 
In an important decision, the U.S. First Circuit Court of Appeals recently ruled that two separate but related private equity funds – Sun Capital Partners III and Sun Capital Partners IV – are not jointly and severally liable for the multiemployer plan withdrawal liability of one of their portfolio companies. While this decision has generally been well-received by the private equity community, it does not eliminate the possibility that in certain circumstances a private equity fund (and, by implication, all of its portfolio companies that are under “common control”) could be held liable for underfunded pension liabilities of one of such portfolio companies. Read More on the Private Equity Sun Capital Ruling>​​​​​​​
 
 
 
Two professional baseball teams — the Washington Nationals and the Baltimore Orioles — were parties to a partnership agreement granting exclusive broadcast rights to their baseball games to a third entity. The agreement had a multistep dispute resolution process. After an unsuccessful mediation, the parties were required to arbitrate before the commissioner of Major League Baseball, unless MLB had an ownership or financial interest in one of the parties to the dispute when it arose. Read More on Baltimore Orioles’ Arbitration Against Washington Nationals>
 
 
 
 
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