In a unanimous decision issued on May 23, 2022, the U.S. Supreme Court reversed a long-standing requirement in several circuits that parties opposing arbitration demonstrate prejudicial harm before an arbitration clause is considered waived. Morgan v. Sundance, Inc. involved an employment dispute in which the employer engaged in litigation for eight months before seeking to compel arbitration
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On April 12, 2022, the Centers for Medicare & Medicaid Services (“CMS”) issued new guidance regarding the federal Independent Dispute Resolution (IDR) process, created under the No Surprises Act (NSA) to provide a mechanism for payers and providers to resolve disputes pertaining to the appropriate reimbursement amount for certain qualifying out-of-network claims.
Section 1782 (28 U.S.C. § 1782) provides a powerful tool for parties embroiled in cross-border disputes. It authorizes, but does not require, a federal U.S. District Court to order a person or entity who “resides or is found” within the district to produce documents or testimony for use in a “proceeding in a foreign or