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Entries for July 2010
The ABA’s Standing Committee on Mediator Ethical Guidancehas released a new opinion addressing the level of care mediators must take when unrepresented parties request the mediator to draft a settlement agreement in divorce mediation.
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The Second U.S. Circuit Court of Appeals held a class arbitration waiver in a law student loan contract was unconscionable under California law, and invalidated the arbitration agreement.
But in light of an April U.S. Supreme Court decision, the panel noted that it could not authorize the plaintiff, a practicing attorney who filed suit over misallocation of his student loan payments, to proceed with a class arbitration.
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In this week’s Part II, IDN podcast host Mike McIlwrath, who is senior counsel at GE Infrastructure – Oil & Gas, concludes his interview with his GE colleague Jay Brudz, senior counsel overseeing legal technology at the parent company. They discuss the future of legal technology in corporate law departments, and provide an inside look at how one of the world’s largest companies deals with legal costs and management issues.
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This Briefing offers information about the use of Dispute Review Boards (DRBs) and other Standing Neutrals, which have proven so successful in managing conflict in construction projects.
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The United Nations Commission on International Trade Law this week released its long awaited revised arbitration rules. Though the revisions alter neither the style nor the structure of the 1976 version, they make significant changes in several respects.
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This Briefing presents Risk Allocation concepts to companies and their advisers who draft risk allocation provisions for construction contracts. Companies outside the construction arena, involved in long-term contractual arrangements prone to conflict, may also find this Briefing useful. They may be able to adapt these concepts to their own needs as they refine their conflict management processes.
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This booklet presents partnering concepts to companies and their advisers considering using partnering in construction projects.
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Is U.S. Supreme Court nominee Elena Kagan really a consensus builder? That description started with President Obama when he nominated his solicitor general to succeed retiring Justice John Paul Stevens, and continued throughout the confirmations hearings that began late last month--usually as part of an assessment by her Senate supporters.
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The model economical litigation agreement, colloquially known as a "litigation prenup" was developed for companies who would incorporate the model agreement into contracts with partners, suppliers and customers at the start of the business relationship. Daniel Winslow, a Boston partner and litigator at Philadelphia's Duane Morris, developed the model agreement with help from the International Institute for Conflict Prevention & Resolution (CPR Institute).
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Following up on our Wednesday look at last week's Senate Judiciary Committee hearing testimony, U.S. Supreme Court nominee/Solicitor General Elena Kagan fielded additional rugged questioning involving arbitration decisions. The questions were really more in the form of two senators' commentary. Find out how Kagan addressed criticism of last month's Rent-A-Center West v. Jackson case.
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