In 2000, NASD (now FINRA) spun off its dispute resolution subsidiary from its regulatory functions to bolster investors’ perception that the forum is neutral and to enhance the credibility of its securities arbitration and mediation services.  Last month, the SEC released for public comment a proposal FINRA filed to merge its Dispute Resolution subsidiary into … Continue reading FINRA’s Bad Idea to Merge its Dispute Resolution Subsidiary into FINRA Regulation, Inc. →

Texas A&M University School of Law (Fort Worth, TX) hosted the ninth annual AALS ADR Works-in-Progress Conference this past Friday and Saturday.  Other than the constant, drenching, torrential rains and floods, these Aggies know how to throw a conference! Not only were we all incredibly well-fed (and watered) with traditional Texas fare, we listened to … Continue reading Greetings from soggy Texas and the AALS ADR WIP Conference →

On the first day of its new term, the Court granted certiorari in another FAA preemption case.  In MHN Government Services v. Zaborowski, the Court agreed to decide whether, as SCOTUS Blog styled it, “California violates federal arbitration law when it treats arbitration contracts differently from other contracts, in determining whether all or only part … Continue reading Scotus Grants Cert in Another FAA Preemption Case →

For an interesting take on “Deflategate” and Tom Brady’s legal maneuvers to overturn his four-game suspension imposed by the NFL Commissioner acting as “arbitrator,” see George Friedman’s blog post, “Deflategate” – the Commissioner Has Ruled – Now What?“.

Earlier this summer, the Second Circuit upheld a district court decision compelling individual arbitration of a brokerage employee’s federal and state wage-and-hour claims and enforcing a class and collective action waiver in the employee’s employment agreement. See Cohen v. UBS Financial Services, Inc., 2015 WL 3953348 (2d Cir. June 30, 2015). The employee had argued … Continue reading Second Circuit Enforces Class Action Waiver in Brokerage Firm Employee’s PDAA →

In June (yes, I am behind on my blogging), the FINRA Dispute Resolution Task Force, which FINRA formed last summer (see here), issued an “Interim Summary of Key Issues” to “alert users of the forum, arbitrators, mediators and the general public to its current thinking on the key issues before it.”  While the Task Force … Continue reading FINRA Dispute Resolution Task Force Issues Interim Summary of Key Issues →

I spent most of the past two days at a wonderful conference – ODR 2015, hosted by Pace Law School (at the University’s downtown NYC campus), listening to fellow online dispute resolution enthusiasts from across the U.S. as well as from countries such as England, Canada, Nigeria, Israel, China, New Zealand, Belgium, Malaysia, Japan, and … Continue reading ODR 2015 →

What a wonderful conference! After three days in Seattle, I am energized with new ideas for teaching, new topics for research (yes, some sparked by anger) and new ways to improve my own practice as an arbitrator. I was humbled by the multiple shout-outs at the FINRA/ Securities DR panel, inspired by Jean Sternlight’s speech … Continue reading Reflections from ABA DR Conference in Seattle – day one, two and three →

Today, in DirecTV, Inc. v. Imburg, 2015 WL 1280237 (Mar. 23, 2015), the Supreme Court granted a petition for certiorari in a case stemming from a California Court of Appeal decision holding that a California choice of law clause in the parties’ arbitration agreement (which is governed by the Federal Arbitration Act) trumped the FAA preemption doctrine, which … Continue reading Supreme Court Grants Cert in Another Arbitration Preemption Case →

Registration is now open for ODR2015, to be held in New York June 3-5, 2015. Hosted by Pace Law School and the National Center for Technology and Dispute Resolution and held at the Pace University campus in Manhattan. Keynote speakers include Richard Susskind, author of Tomorrow’s Lawyers, Internet pioneer and entrepreneur Esther Dyson, Modria Founder … Continue reading Registration Now Open for ODR 2015 at Pace NYC →