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)
Fourth Circuit Holds No Article III Standing Where No Third-Party Viewed Inaccurate Information
On September 11, 2024, the Fourth Circuit Court of Appeals held that there is no publication to a third party — and therefore no Article III standing under the Fair Credit Reporting Act — where the recipient of a consumer report did not read, understand, or otherwise consider allegedly inaccurate information appearing in the report.
Some Judges Have — Naturally — Grown Skeptical of False Advertising Class Actions Challenging “Natural” Labels
Among recent trends in consumer product false advertising class actions has been the rise in cases alleging false advertising for products touting ingredients as “all natural” or “100% natural.”
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.