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 →

The SEC approved FINRA’s proposal to ” refine and reorganize the definitions of ‘non-public’ arbitrator and ‘public’ arbitrator.”  Customers who file an arbitration claim against a broker dealer or associated person now has the right to an all-public arbitration panel, so the definitions of who fits the two classifications are high stakes.  This proposal is misguided, … Continue reading SEC Approves FINRA Proposal to Further Revise Definition of Public and Non-Public Arbitrator →

I am pleased to announce (parroting Ethan Katsh from the DRLE listserv) that registration is now open for the 2015 International ODR conference, hosted by Pace Law School.   The conference will take place from June 3-5, 2015 at Pace University’s downtown Manhattan campus (One Pace Plaza).   The principal keynote speakers are Richard Susskind, … Continue reading Registration Now Open for ODR 2015 at Pace →

It’s been a while since I’ve had a chance to post here – and now have a few (almost outdated) updates about FINRA Dispute Resolution leaders – both past and present.  In September, Linda Fienberg, long-time leader at FINRA Dispute Resolution announced that she would retire as of November 30.  FINRA CEO Rick Ketchum tapped Rick … Continue reading Updates on current and former FINRA Dispute Resolution executives →

Cardozo Law School and its Journal of Conflict Resolution are sponsoring the Jed D. Melnick Annual Symposium, “Is Mediation a Sleeping Beauty?”, on Monday, November 3, 2014 starting at 8:30 a.m.  The impressive line-up of speakers includes many friends of Indisputably, and topics for sessions include the age-old questions: “Is She Sleeping?”, “Is She Beautiful?”, … Continue reading Symposium at Cardozo Asking (and perhaps Answering) “Is Mediation a Sleeping Beauty? →

At a press conference today and accompanying this press release, the Public Investors Arbitration Bar Association announced it had conducted a study of FINRA’s arbitrator roster.  It concluded that the roster lacks diversity (in particular, it is 80% male), and almost half of the pool is 70 years old or older. The study also concluded … Continue reading PIABA Releases Study Criticizing Lack of Diversity of FINRA Arbitrator Pool →

Linda Fienberg, the long-time President of FINRA Dispute Resolution and FINRA’s Chief Hearing Officer, announced her retirement last month.  (This post is long overdue, I know.)  She joined FINRA in 1996 and, since then, has worked hard to reform the arbitration process to further FINRA’s investor protection mission.  While some of her decisions arguably were … Continue reading Linda Fienberg To Retire from FINRA Dispute Resolution →

Today, the Second Circuit followed an April 2014 decision by the Ninth Circuit in Goldman Sachs & Co. v. Reno (described here) — and rejected an opposite holding by the Fourth Circuit — and held that a forum selection clause in a contract supersedes a broker-dealer’s obligation to arbitrate disputes with a customer under FINRA … Continue reading Second Circuit Holds Forum Selection Clause Trumps FINRA Arbitration Requirement →

Little did I know that I was on NHL.com’s email list.  I guess having a son wild about all things hockey must have had something to do with it.  So you can imagine my surprise on Saturday morning when I woke up to an email from NHL.com informing me of the new arbitration clause it … Continue reading Hat Trick: NHL Adds Arbitration Clause, Class Action Waiver and One-Year Limitations Period to its Consumer Services Agreement →