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Nelson Mullins COVID-19 Resources

Nelson Mullins is continuing to monitor developments related to COVID-19, including guidance from the Centers for Disease Control and various federal, state, and local government authorities. The firm is taking appropriate precautionary actions and has implemented plans to ensure the continuation of all firm services to clients from both in office and remote work arrangements across our 25 offices. 

In addition, click the link below to access extensive resources to address a wide variety of topics resulting from the virus, in general and by industry,  including topics such as essential businesses, force majeure, business interruption insurance, CARES Act and FFCRA, and others. 

Nelson Mullins COVID-19 Resources

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May 20, 2020

Bar Foundation, Supreme Court Historical Society Feature Claude Scarborough in Podcast Series
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February 7, 2019

Why High Court's Schein Decision Is Dangerous For Debtors

By Shane G. Ramsey

Law360

Reprinted with permission from Law360

The policies and objectives underlying bankruptcy and arbitration laws are not easily reconcilable. To make matters more complex, these bodies of law are constantly changing, and, at times, in conflicting ways. In recent years, the courts have reformed and solidified their acceptance of arbitration, which now enjoys almost unfettered acceptance as a form of dispute resolution.

This solidification became more pronounced on Jan. 8, 2019, when the United States Supreme Court issued its opinion in Henry Schein Inc. v. Archer and White Sales Inc.,[1] in which the court struck down an exception that had allowed courts to decide whether a claim belongs in arbitration. In so doing, the court has further defined the allocation of power between arbitral tribunals and courts by eliminating a ground by which parties could seek to avoid arbitration.

Before turning to the Supreme Court’s decision in Schein, discussion of the current state of the law is warranted.