Rule Would Not Apply To Consumer Sectors Outside Bailiwick Of Consumer Financial Protection Bureau Jessica Silver-Greenberg and Michael Corkery, who have reported recently in the NYT about how arbitration clauses are spreading throughout consumer contracts, now report in the May 5, 2016 online edition of the NYT, that the Consumer Financial Protection Bureau will […]
A Circuitous Route To Publication. I posted about SingerLewak v. Gantman on July 31, August 31, and September 1, 2015. This is an interesting case discussing the so-called “public policy exception” that will sometimes justify review of an arbitral award by the superior court – though in the end, not in this case. […]
Proposed New Exception To Mediation Confidentiality Statutes Would Utilize In Camera Screening Process. On August 7, 2015, the California Law Revision Commission directed staff “to begin the process of preparing a draft of a tentative recommendation that would propose an exception to the mediation confidentiality statutes (Evid. Code sections 1115-1128) to address ‘attorney malpractice […]
A Failed Mediation: Report from The Times of India In what is described as “a scene straight out of a curry western,” in the October 13, 2014 edition of The Times of India, rival gang members met at a gym in South-east Bangalore for a “mediation,” but “soon things started falling apart.” One group […]
Mark D. Gough Of The Cornell University School Of Industrial & Labor Relations Has Studied The Outcomes Mark D. Gough has published in the Berkeley Journal of Employment and Labor Law the results of a study of some 700 employment discrimination cases – and the results are striking, whether looked at from the perspective […]
Fair Play and Safe Workplaces Executive Order Is Announced July 31, 2014 One of the impactful judicial trends in recent years has been the expanded use of arbitration in employment disputes. Counter to that judicial trend is the recent Executive Order announced July 31, 2014 by the White House. Section 6 of the […]
Comment on a Comment: The Consumer Financial Protection Bureau Arbitration Study Preliminary Results Is consumer arbitration fair and efficient? On May 6, 2014, Steven I. Zeisel of the Consumer Bankers Association, “The Voice of the Retail Banking Industry,” posted a comment about the Consumer Financial Protection Bureau Arbitration Study Preliminary Results, under the […]
GRRRRRRRRR . . . . If you are reading this post, we thank you for your loyalty! Since last week, our internet platform, the usually very reliable Typepad, owned by SAY Media, has been subjected to a “distributed denial-of-service attack.” A DDOS attack is intended to make a network resource unavailable to […]
Alleged Juvenile Taxidermy Thieves Are Spared A Criminal Record, Thanks To Mediation Occupational portrait of taxidermist Martha A. Maxwell with animal specimens, palette, and rifle. October 27, 1876. Library of Congress. When I saw the following headline from the March 12, 2014 edition of the Spokesman-Review in Spokane, Washington, I knew I […]
Okay, so we don’t really know if the following involves mediation, but it was too good a news tidbit to pass up. As reported in the Miami Herald, and Slate, Dana Snay, a Miami teenager, torpedoed dad’s age-discrimination settlement with his employer, Gulliver Preparatory School, by crowing on Facebook: “Mama and […]