In the Detroit bankruptcy case, one of the creditors claimed that the mediators – one of whom is the Chief US District Judge for the Eastern District of Michigan – were biased in favor of some philanthropic creditors.  According to this article the creditors claimed: The plain truth is that the mediators in this case … Continue reading Detroit Bankruptcy Case – Judge Chastises Attorneys for Claiming Mediator Bias →

After yesterday’s diverted flight in which a United plane had to land over a dispute regarding someone’s right to recline their seat, I think I see a business opportunity for dispute resolution.  Josh Barro for The Uphot in the New York Times argues that if he is expected to give up his right to recline, … Continue reading Negotiating the Recline Function on your Airline Seat →

On Saturday Sept. 27th the Sandra Day O’Connor College of Law at Arizona State University will be hosting the 6th Annual Aspiring Law Professors Conference.  The conference is valuable for anyone considering a career as a law professor, but it is specifically designed for those who plan to go on the academic teaching market.  Attendees … Continue reading Aspiring Law Professors Conference – Sept. 27th →

Forbes recently published an interesting little piece here on why Jimmy Fallon is so liked and successful. Much of the “Jimmy Fallon technique” is basic rapport building while emphasizing the importance of listening. The conclusion of the article is that there are “three lessons to take from Jimmy Fallon: Find common ground with the person you’re … Continue reading On Jimmy Fallon and Finding Common Ground →

Consider this a friendly reminder that the deadline for proposals for the ABA DR Section Spring Conference is September 5th.  The conference itself will take place on April 15-18, 2015 at the Westin hotel in Seattle, Washington.  According to a recent ABA DR Section email: The Section of Dispute Resolution seeks proposals for cutting-edge, timely … Continue reading Reminder – ABA DR Section Annual Conference Proposals →

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 →

Five days ago, an unarmed eighteen year old, Michael Brown, was killed by a police officer in Ferguson, Missouri.  As is all too commonly the situation, Mr. Brown was African American and the police officer who did the shooting (as with most of the police in Ferguson) was white.  An investigation is on-going, but the … Continue reading “Tell her Capt. Johnson is sorry and he apologizes.” →

Over the years, to respond to criticism that its arbitrators are biased in favor of the securities industry, FINRA has implemented a series of reforms to its arbitration rules.  It tweaked the definition of “public” and “non-public” arbitrators (the two classifications FINRA uses) to decrease the chance that a “public” arbitrator would have any affiliation … Continue reading FINRA Proposes Bungling “Public” and “Non-Public” Arbitrator Definitions →

Forbes recently published an interesting, and discouraging read, on the challenges that women face in Silicon Valley.  See here The author (it is written anonymously) draws a picture of an environment where she regularly has to deal with inappropriate comments and advances but because she is seeking funding from these same folks for her company, … Continue reading Negotiating Silicon Valley →