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The Impact of Mandatory Arbitration Clauses in Commercial Agreements

February 21, 2025

By possingeradmin

Mandatory arbitration clauses are a common feature of both modern commercial and consumer agreements, requiring that disputes be resolved through arbitration rather than litigation. While these clauses are often portrayed as a means of avoiding the delays and costs associated with the courts, they have generated significant debate regarding fairness, particularly when one party has a stronger bargaining position. This article explores the implications of mandatory arbitration in the commercial context and discusses recent efforts to regulate its use. Why...

The Rise of Arbitration in Commercial Contracts: Pros and Cons

February 18, 2025

By possingeradmin

Arbitration has become an increasingly popular method of dispute resolution in commercial contracts, often included as a standard clause in agreements between businesses. Companies across industries, from construction to finance, have turned to arbitration to avoid the costs, delays, and unpredictability of litigation. However, while arbitration offers significant benefits, it also carries potential downsides that can impact both parties. The Benefits of Arbitration for Commercial Disputes One of the key reasons businesses choose arbitration is its efficiency. Unlike litigation, which...

How Recent U.S. Tariffs Impact Your Cross-Border Contracts: Key Clauses to Review

February 3, 2025

By possingeradmin

On Saturday, February 1, 2025, President Trump imposed significant tariffs on Canada, Mexico, and China, which go into effect on February 4, 2025, at 12:01 AM. In response there has been concern from a number of clients, partners and colleagues about the practical effects of the tariffs on the economy between the U.S.’s largest trading partners and the related business relationships with companies doing business with these countries.  Pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701, et...

What Jeffrey’s Been Reading: Tyranny, Inc.

December 30, 2024

By Jeffrey Possinger

At the beginning of this year, I started reading Tyranny, Inc. by Sohrab Ahmari, where he offers a compelling critique of modern corporatism, particularly the way corporate power has become deeply entrenched in our daily lives.

MJ Management and Plaintiff’s File Motions for Reconsideration of Court’s Decision in Homestead Litigation

September 23, 2024

By possingeradmin

On Friday, September 20, 2024, both MJ Management and the Plaintiffs filed Motions for Reconsideration of Judge David Freeman’s Findings of Fact and Conclusions of Law entered on September 11, 2024, in the much-contested Homestead Litigation (Hillius, et al. v. 18 Paradise, LP, et al.).  The Plaintiff’s Motion for Reconsideration addresses a wide range of topics where attorney Matthew Davis argues the court’s order was “inadequate and inappropriate,” and further goes on to say that the court’s decision was based...