Senate Judiciary Committee Testimony for Today’s Arbitration Fairness Hearing (Oct. 13).

Sen. Al Franken, D., Minn., just wrapped up about two hours of testimony on the fairness of business’s use of mandatory arbitration. F...

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Posted in: Advocacy in ADR, Arbitration, Arbitrators, Class Actions, Legislation, Mass Claims, Provider Organizations, Best Practices, Clause Drafting, Contracts, Multi-party, ADR Policy, ADR Procedures

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11

Attention Clause Drafters: Proofread! (July 11)

n Moro Aircraft Leasing, Inc. v. Keith, the U.S. District Court for the Northern District of Ohio sent a matter to arbitration where the dispute resolution clause provided for the settlement of “the dispute by mediation administered by Arbitration under the Rules of the American Arbitration Association” (emphasis added).

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Posted in: Advocacy in ADR, Arbitration, Commentary, Mediation, Clause Drafting, ADR Policy, ADR Procedures

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27

Arbitration: Breyer's AT&T Mobility Dissent Says Decision Is Against 'Federalist Principles' (April 27).

Associate Justice Stephen G. Breyer wrote in a dissent that today’s Supreme Court 5-4 opinion striking down the use of a California unconcionability law was a breach of basic federalism principles.

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Posted in: Advocacy in ADR, Arbitration, Class Actions, Agreements, Clause Drafting, ADR Policy, ADR Procedures

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27

Arbitration: Thomas's AT&T Mobility Concurrence Says Public Policy Isn't Enough to Invalidate an Agreement (April 27).

Associate Justice Clarence Thomas declares in his AT&T Mobility v. Concepcion concurrence that public policy isn't a ground under Federal Arbitration Act Section 2's saving clause to invalidate an arbitration agreement.

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Posted in: Advocacy in ADR, Arbitration, Class Actions, Clause Drafting, ADR Procedures

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27

UPDATED AT 5:15 PM EASTERN: Supreme Court Reverses California Ban on Class Arbitration Waivers in AT&T Mobility v. Concepcion (April 27).

In a 5-4 decision this morning that states that class arbitration is unfair to defendants, the U.S. Supreme Court reversed a U.S. Ninth Circuit Court of Appeals decision that found a cell phone providers’ consumer agreement unconscionable. AT&T Mobility v. Concepcion, No. 09-893,

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Posted in: Advocacy in ADR, Arbitration, Provider Organizations, Clause Drafting, ADR Policy, ADR Procedures

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25

Mediation: Ninth Circuit Uses Agreement, Rather than Privilege, to Confirm Settlement in ‘Social Network’ Case (April 25).

In a high-profile federal court case, the Ninth Circuit has ruled that a mediated settlement agreement was enforceable, and refused to allow a party to oppose enforcement with evidence of mediation discussions. The case frames last year's Oscar-winning film "The Social Network."

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Posted in: Advocacy in ADR, Mediation, Mediators, Agreements, Clause Drafting, Contracts, Multi-party, ADR Procedures

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25

Client Brief: The Benefits of Mediation and/or Arbitration over Trial (MLPG Newsletter)

In almost every patent dispute, arbitration and/or mediation can provide a cheaper, faster, and better alternative, even where the issues are complex and the stakes are high.

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Posted in: Arbitration, Clauses, Mediation, Patent/Trademark, CPR in the News, Clause Drafting

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