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
As promised Wednesday, I wanted to post about the very interesting discussion panel on mandatory arbitration put together by Hiro Aragaki and Andrea Doneff at SEALS.The format, as I mentioned, was a roundtable in which each person presented their paper briefly and then we had plenty of time for comments, questions, suggestions, and even thinking … Continue reading The Latest Thinking on Mandatory Arbitration
John Lande continues to build out the DRLE website with useful information. The most recent addition is a section of the website devoted to multi-stage simulations, with classroom exercises, role plays, and a variety of other materials for those interested in incorporating or expanding their use of multi-stage simulations. Here’s John: Probably most of us use … Continue reading Multi-Stage Negotiation Materials on DRLE Website
Sarah Cole can clean you off the tennis court–here’s talking to you Michael Moffitt… Okay, now that I have your attention, let’s turn to how I know this. I am attending SEALS for the first time and I want to start by saying–wow–I should have been going to this all along! Great location, much fun, … Continue reading Live Blog from SEALS
Registration is now open for the AALS ADR Section’s Eighth Annual Works-in-Progress Conference, which will take place this November at Southwestern Law School in Los Angeles. The Conference will begin with a welcoming reception hosted by Southwestern on the evening of Thursday,November 6. Friday, November 7 will feature a full day of presentations, along with continental breakfast, luncheon and dinner … Continue reading Works-in-Progress Conference Registration
