Charles W. Niemann
Associate
Charles (Charlie) Niemann is a member of the firm’s Business Litigation & Dispute Resolution Practice and the Consumer Law, Finance & Class Action Group. Charlie has broad experience litigating complex commercial and class action disputes in state and federal court, in addition to arbitral forums. He has defended clients against claims brought under various consumer protection statutes and in the area of antitrust.
Presentations and Publications
- Co-author, “Resolving Business Disputes: U.S. Discovery in Aid of International Private Commercial Arbitration,” Wisconsin Lawyer (November 10, 2020)
- Co-author, “U.S. Discovery in Aid of International Private Commercial Arbitration,” ARIAS•U.S. Quarterly (September 2020)
- Co-author, “Supreme Court to Decide Whether Reference to Injunctive Relief in Arbitration Clause Gives Court Power to Rule on Arbitrability of Dispute,” Legal News: Insurance & Reinsurance (July 17, 2020)
S.D.N.Y. Finds Arbitration Clause in Insurance Contract Unenforceable, Following Second Circuit Precedent that the McCarran-Ferguson Act Preempts the New York Convention
Two recent decisions from the United States District Court for the Southern District of New York highlight the split among circuits on whether state insurance laws that prohibit arbitration of insurance and reinsurance disputes are preempted by the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
Eleventh Circuit Joins Its Sister Circuits in Holding that the FAA’s Grounds for Vacating Domestic Awards Are Available to Challenge International Arbitration Awards Rendered in the United States or Decided under U.S. Law
The Eleventh Circuit held last week that in primary jurisdiction cases, “Chapter 1 of the FAA provides the grounds for vacatur of an arbitral award.”
Can a Federal Court Refuse Recognition of a Nondomestic Arbitral Award Issued in the United States on the “Exceeding Powers” Ground?
On February 14, the en banc Eleventh Circuit Court of Appeals will hear oral argument in Corporacion AIC, S.A. v. Hidroelectrica Santa Rita S.A. (AICSA v. HSR), a case with significant importance for the enforceability in the United States of nondomestic arbitration awards that are rendered in such busy arbitral seats as Miami and Atlanta.
Northern District of California Decertifies Class Under Comcast Due to Inadequacy of Damages Model
In Freitas v. Cricket Wireless, LLC, the United States District Court for the Northern District of California recently decertified a class because of a “critical” mistake in Plaintiff’s damages model that rendered it inadequate under the United States Supreme Court’s decision in Comcast v. Behrend.
Top Legal Issues Facing the Manufacturing Sector in 2022
As the global economy faces the third year of the pandemic, manufacturers are no longer focused on figuring out when things will return to “normal.”
The United States Supreme Court Holds 28 U.S.C. § 1782 Does Not Apply to Private International Arbitration Proceedings
In a much anticipated decision by the international arbitration community, the Supreme Court held private adjudicatory bodies do not count as “foreign or international tribunals” for purposes of 28 U.S.C. § 1782.