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Strategic Use of Arbitration Clauses in Contracts and Transactional Documents


Level: Advanced
Runtime: 90 minutes
Recorded Date: June 20, 2019
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Agenda


  • Arbitration Clauses 
  • Drafting Considerations
  • What is Arbitrable? 
  • Pre-Closing Issues
  • Reimbursement Agreements
  • Arbitrator Selection
  • Venue Selection
  • Limiting Remedies
  • Enforcement Considerations
  • Final Thoughts
  • Q & A
Runtime: 1 hour and 30 minutes
Recorded: June 20, 2019

Description

This advanced program will take a detailed look at how arbitration clauses in transactional documents can be used to your client’s advantage and disadvantage should a dispute arise. Our highly experienced panel - a transactional lawyer, a litigator and an arbitrator - will discuss the importance and potentially dramatic impact on cost and liability of specific types of arbitration clauses.

This program was recorded on June 20th, 2019.

Provided By

American Bar Association
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Panelists

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Howard T. Wall, III

Executive Vice President, Chief Administrator Officer, General Counsel & Secretary
RCCH Healthcare Partners

Mr. Wall serves as the Executive Vice President, Chief Administrative Office, General Counsel, and Secretary of RCCH. He most recently served in a similar capacity at RegionalCare Hospital Partners.

Before joining the RegionalCare executive team, Mr. Wall served as General Counsel and Senior Vice President for Capella Healthcare. Prior to that, he served as Senior Vice President, General Counsel, Secretary, and Corporate Governance Officer of Province Healthcare. Earlier in his career, Mr. Wall spent 14 years at the Nashville law firm of Waller Lansden Dortch & Davis, serving as the Chairman of their Healthcare Working Group for eight years.

Mr. Wall is currently a member of the Board of Governors and is past Chair of the Legal and Operations Policy Committee of the Federation of American Hospitals. He is the former chair of the American Bar Association Health Law Section and serves on the Advisory Board of the BNA Health Law Reporter.

Mr. Wall received his J.D. degree from Washington & Lee University School of Law and received his B.A. from Trevecca Nazarene University.

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Barbara Reeves, Esq.

Case Manager
JAMS

Barbara A. Reeves, Esq. is a highly regarded and well-respected mediator and arbitrator. She is a quick study, prepared, personable, creative, and flexible.

As an arbitrator, Barbara Reeves is known to be fair, practical, and not afraid to make tough decisions. As a mediator, she is strong, good at listening and reading people, and a tenacious closer. She is known for her ability to quickly establish rapport with parties and counsel and enable them to recognize their legal risks. She connects and communicates with clients emotionally involved with their positions and ushers parties toward mutually acceptable solutions.

Before becoming a full-time neutral, Barbara Reeves was a litigator for more than 30 years, with the United States Department of Justice, Antitrust Division in Washington, D.C. and Los Angeles, a partner at national law firms and Associate General Counsel and Vice President for Southern California Edison and Edison International.

Barbara Reeves is a Fellow of the Chartered Institute of Arbitrators and the College of Commercial Arbitrators, an arbitrator on the Court of Arbitration for Sport in Lausanne, Switzerland, and a certified mediator with the International Mediation Institute. She is also a certified e-discovery specialist. She received her J.D. cum laude from Harvard Law School.

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Ardith Michelle Bronson

Partner
DLA Piper

Ms. Bronson primarily focuses her practice in complex commercial litigation in the healthcare industry and represents clients in wide-ranging litigations involving Unfair and Deceptive Trade Practices Statutes, ERISA, Medicare, False Claims Act, Anti-Kickback Statute, RICO, and other claims impacting the managed-care industry. Ms. Bronson also has extensive experience handling bankruptcy litigation, derivatives litigation, as well as products liability actions.

Representative litigations include a nationwide class-action lawsuit in which a class of approximately 500,000 physicians alleged that the nation's largest managed care organizations had violated, among other things, RICO, ERISA and state prompt pay statutes, by improperly reimbursing physicians for services rendered to patients who members of the managed care organizations; and a major arbitration proceeding involving breach of contract and fiduciary duty allegations brought by a physician-owned HMO that contracted with a national payor for administrative and operational service.

Ms. Bronson is a member of DLA Piper’s North American Pro Bono Committee.


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