Second Circuit Enforces Class Action Waiver in Brokerage Firm Employee’s PDAA

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 →

Smile!??

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When I lived in Los Angeles it felt like some stranger or another was constantly ordering me to “smile!” I was a criminal defense lawyer with the Los Angeles Public Defender which meant I regularly struggled with seeing people at their worst, seeing tragedy, and incredible ugliness. Not exactly the kind of working world that … Continue reading Smile!?? →

Conversation with Peter Benner about PEDR, Part 4

This conversation started with my post about planned early dispute resolution (PEDR). My friend, Peter Benner, and I exchanged comments in that post.  Here are links to Part 2-ish and Part 3 in this conversation. _______________________________________________________________ Peter, I think that your post helps move us closer to understanding the motivations of the players in corporate … Continue reading Conversation with Peter Benner about PEDR, Part 4 →

Conversation with Peter Benner about PEDR, Part 3

This conversation started with my post about planned early dispute resolution (PEDR).  My friend, Peter Benner, and I exchanged comments in that post.  Because we decided to continue this conversation for a while, I am posting our ideas in new posts, starting with the last one (Part 2-ish).  Here is Peter’s response to my last … Continue reading Conversation with Peter Benner about PEDR, Part 3 →

Moritz College of Law’s Associate Dean and ADR Scholar Chris Fairman

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It is with a heavy heart that I pass along the sad news that our colleague in dispute resolution, Moritz College of Law’s Associate Dean Christopher Fairman, passed away unexpectedly last night. The loss of our beloved associate dean and colleague is not easily borne — Chris was a wonderful friend, a terrific listener, an … Continue reading Moritz College of Law’s Associate Dean and ADR Scholar Chris Fairman →

Seeing the World Through Others’ Eyes

After a conversation with friends about the Confederate flag controversy, I sent them the following email, which I thought you might be interested in. _____________________________________________________________ In our conversations, I have talked about the value of trying to see the world through others’ eyes.  There are several reasons why I have found it valuable including moral, … Continue reading Seeing the World Through Others’ Eyes →

Dealing with diversity in international arbitration

Transnational Dispute Management and ArbitralWomen have co-published a special issue called “Dealing with Diversity in International Arbitration.” The special issue features authors from around the globe placing the arbitration community under a microscope and analyzing critically what they find. The articles explore whether we can do things better with diversity, how diversity will improve the … Continue reading Dealing with diversity in international arbitration →

Conversation with Peter Benner about PEDR, Part 2-ish

Alert readers have noticed that Peter Benner and I have been having a conversation about planned early dispute resolution (PEDR) in the comments to a recent post of mine on the subject. Peter, a mediator and ironman, is a friend with whom I share an interest in encouraging lawyers and parties – especially businesses – … Continue reading Conversation with Peter Benner about PEDR, Part 2-ish →

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