California Mediation and Arbitration

Author: calmediation

Arbitration/CCP 1281.2: CCA 4/3 Affirms Order Denying Arbitration In Lawsuit Between Law Firm And Ex-Client Because Ex-Client’s Lawsuit Against Another Law Firm Created Possibility Of Conflicting Rulings

November 27, 2016 · Arbitration: Section 1281.2

Key Issue:  Who Is A Third Party Within The Meaning of 1281.2(c)?     Reger v. Glaser Weil Fink Howard Avchen & Shapiro, LLP, G052352 (4/3 11/22/16) (Aronson, Bedsworth, Ikola) (unpublished) shows how a party with an otherwise valid arbitration clause can be thwarted from arbitrating through the application of Cal. Code Civ. Proc., section 1281.2(c) […]

Arbitration, Enforceability, Consumers: MarketWatch Reports Trump University Could Be Sued In Court Because It Didn’t Have Arbitration Clause With Students

November 22, 2016 · Arbitration: Consumers, Arbitration: Enforceability, Arbitration: Public Policy

Obama Administration Has Sought Change In Law To Prevent Educational Institutions Getting Federal Funds From Requiring Students To Sign Pre-Dispute Arbitration Clauses.      Jillian Berman reports on July 22, 2016 in MarketWatch that students were able to sue Trump University in the courts because the students were not required to sign pre-dispute arbitration clauses.       […]

Mediation and Arbitration Confidentiality: Acquaint Yourself With The EU-U.S. Privacy Shield If You Are Involved With Data Transfers From The EU To The US

November 18, 2016 · Arbitration: Confidentiality, Arbitration: International, Mediation: Confidentiality

The European Commission Has Deemed The Privacy Shield Framework Adequate To Enable Data Transfers To US Under EU Law.      On July 12, 2016, the European Commission adopted the EU-U.S. Privacy Shield.  I am blogging about this because it relates to transfer of data from the EU to the U.S., and this impacts legal matters […]

Recommended Reading: The High Cost Of An Inexpensive Forum: An Empirical Analysis Of Employment Discrimination Claims Heard In Arbitration And Civil Litigation

November 15, 2016 · Reviews

Mark D. Gough’s Study Seeks To Correct For Systematic Differences In Case Characteristics Between Arbitral And Court Forums.      Back on August 19, 2014, I posted about Mark D. Gough’s study of arbitration outcomes arising from his research comparing employment discrimination cases heard in arbitration and civil litigation.  At the time, I couldn’t find his […]

International Arbitration And Confidentiality: What Confidentiality Should One Expect In International Arbitration?

November 11, 2016 · Arbitration: Confidentiality, Arbitration: International

Confidentiality May Seem A Self-Evident Feature Of International Arbitration – In Which Case, You May Be Surprised.      At the 41st Annual IP Conference held in Santa Barbara, I was asked an excellent question yesterday about dealing with confidentiality in international arbitrations.  Unfortunately, this is not a subject about which I had devoted enough thought.  […]

Miscellany: Panel On IP And ADR At 41st Annual IP Institute In Santa Barbara

November 10, 2016 · Miscellaneous

Fellow Mediators Erica Bristol, Phyllis G. Pollack, and I Participated On Panel. Above:  President Roosevelt and party visiting Old Franciscan Mission in Santa Barbara.  1903.  Library of Congress.      On November 10, 2016, I had the pleasure of participating in a panel with fellow mediators Erica Bristol and Phyllis G. Pollack in Santa Barbara.       […]

Arbitration, FINRA, FAA: Ninth Circuit Holds Arbitration Award Must Be Vacated Because The Arbitration Hearing Was Chaired By An Impostor

November 4, 2016 · Arbitration: Disclosures, Arbitration: Federal Arbitration Act, Arbitration: FINRA

Ninth Circuit Allows Equitable Tolling For Claim To Vacate Award Brought More Than Four Years After Entry Of Award. Fraud against Truth.  Currier & Ives.  1872.  Library of Congress.       Yikes! In 2009, Move, Inc. lost a multi-million dollar securities claim before a three-member FINRA (Financial Industry Regulatory Authority) arbitration panel.  In 2014, Move learned […]

Arbitration, PAGA: Third District Says Whether Representative PAGA Claims Can Be Subject To Mandatory Arbitration Remains Unsettled, And Doesn’t Settle It

November 3, 2016 · Arbitration: PAGA

Unlike The Arbitration Agreement In Iskanian, The Agreement Here Did Not Include A Waiver Of The Right To Bring A PAGA Representative Claim.      The Court in Eaton v. Big League Dreams Manteca, LLC, C079374 (Third District 11/2/16) (Renner, Nicholson, Murray) (unpublished) addresses an issue that some may have thought was settled after Iskanian:  whether […]

Arbitration, Employment, FAA, Class, Waiver: Petition For Certiorari To SCOTUS Filed In NLRB v. Murphy Oil USA, Inc.

November 3, 2016 · Arbitration: Class, Arbitration: Employment, Arbitration: Waiver

  The Circuits Disagree About Class Action Waivers In Arbitration, The NLRA, And Prohibition Of “Concerted Activities” In Pursuit Of Employees’ “Mutual Aid Or Protection”.      On October 11, 2016, I blogged that on September 8, a petition for a writ of certiorari had been filed by the accounting firm in Morris v. Ernst & […]