LimeWire was the most recent file-sharing service to incur the wrath of the recording industry. The industry sued and pursued its outrageous claims (it originally sought more than one trillion dollars in damages) to trial. Midway through trial, the parties settled the case for $105 million following a successful mediation. What’s interesting about that is … Continue reading Recording Industry Can Use ADR After All →

As Art mentioned yesterday, the Supreme Court, in CompuCredit Corp. v. Greenwood, 79 U.S.L.W. 3442, 2011 WL 220683 (U.S. May 2, 2011), agreed to decide next term the following Question Presented: “Whether claims arising under the Credit Repair Organizations Act, 15 U.S.C. § 1679 et seq., are subject to arbitration pursuant to a valid arbitration … Continue reading Supreme Court Grants Cert to Decide Arbitrability of Federal Claim →

The Oregon Law Review is doing a call for papers for a special ADR-themed issue — “ADR for the Masses” — that addresses some of the challenges and issues inherent in using appropriate/alternative dispute resolution processes in large-scale contexts, including mass torts, mass settlements, collaborative governance, and organizational DSD (not an exhaustive list).   The call for … Continue reading Call for Papers – ADR and the Masses →

My St. John’s colleague Adam Zimmerman has published two new articles addressing the growing use of large funds to compensate groups of victims. In Distributing Justice, 86 N.Y.U. L. Rev. 500 (2011) (http://ssrn.com/abstract=1827082) he explores the procedural concerns that arise when regulatory agencies like the SEC, FTC, or FDA, mimic private aggregate settlements by collecting … Continue reading Zimmerman on Mass Settlements →

The end of the semester is marked by a few milestones including student evaluations.  I thought some might enjoy the Onion’s perspective on this process, see  here .  Thanks to the International Law Prof Blog for finding and posting this article.

Stacie Strong (Missouri) has circulated a notice for an upcoming symposium entitled “Border Skirmishes: The Intersection Between Litigation and International Commercial Arbitration,” to be convened at the University of Missouri School of Law on October 21, 2011. As part of the symposium, the Chartered Institute of Arbitrators (CIArb) North American Branch will sponsor a student … Continue reading New ADR Writing Competition →

The ABA Journal recently ran a story about the settlement of the lawsuit David Byrne (of Talking Heads fame) brought against Charlie Crist for the unauthorized use of a song in an election advertisement. The ABA Journal article appears below and here.  Good story about the lawsuit here.  The 90-second videotaped apology is also available … Continue reading David Byrne IS Manly (oh and something about a mediated settlement) →

As one would expect, it’s a big day at Indisputably when the Supreme Court issues another arbitration opinion.  UNLV law prof and FOI (Friend of Indisputably) Jean Sternlight adds to the analysis. – – – – – – – – – – – – – – – – I mostly agree with Paul Kirgis’ explication of the … Continue reading Sternlight on AT&T v. Concepcion →

One other important note from Concepcion — it would appear more clearly following this decision that a separate standard for manifest disregard of the law as a means for reviewing an arbitration award no longer exists. While the circuits have split on this issue, Concepcion suggests that if it exists at all, it must be … Continue reading Impact of Concepcion on Judicial Review of Arbitration Awards →