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Archived articles from 2009
224 articles found
GUEST-POST | Mediating eDiscovery Disputes – Allison Skinner’s Brilliant Idea
By Victoria VanBuren - October 29, 2009
By Peter S. Vogel Allison O. Skinner is an attorney and full-time mediator at Sirote & Permutt and has written two outstanding articles about resolving eDiscovery disputes as a Mediator to develop a “Mediated Discovery Plan.” What a great way to help parties take advantage of the mediation process to reduce the out of control costs of eDiscovery and at the same time reach an amicable plan to deal with eDiscovery. Allison has setup a great mod
Page Perry: Arbitration or Class Action – Which is Better for Investors?
By Victoria VanBuren - October 28, 2009
Page Perry’s Investment Fraud Lawyer Blog featured last week an interesting and thoughtful post about securities arbitration. A federal judge in Atlanta recently dismissed a class action lawsuit brought against SunTrust for fraud in the sale of auction rate securities. The case was not dismissed on the merits of investors’ claims against SunTrust, but based on technical legal requirements about what it takes to plead a claim. Those requirem
E-Discovery and the Enron E-mail Dataset Research
By Victoria VanBuren - October 27, 2009
Last week I had the honor to guest-post at Peter Vogel‘s impressive Internet, Information Technology, & e-Discovery Blog. As some readers may know, Mr. Vogel is a frequent guest-blogger here at Disputing. Check out my guest blog! E-Discovery and the Enron E-mail Dataset Research By Victoria VanBuren, October 21, 2009. The U.S. Supreme Court granting of certiorari to former Enron CEO Jeffrey Skilling dominated the news headlines last wee
ADR Prof: Arbitration and Mediation Bankruptcy Series
By Victoria VanBuren - October 26, 2009
The ADR Prof Blog had recently an interesting series of posts about ADR and Bankruptcy. The posts relate to a conference hosted by the Hugh L. Carey Center for Dispute Resolution at St. John’s University School of Law titled “ADR Meets Bankruptcy: Cross-Purposes or Cross-Pollination.” Good stuff…Check them out: ADR Meets Bankruptcy -Part 1 (Oct. 9, 2009) ADR Meets Bankruptcy, Part 2 – Designing Dispute Systems (Oct. 13, 2009) AD
Next Steps in Medical Liability Reform Demonstration Projects Announced by the AHRQ
By Holly Hayes - October 23, 2009
by Holly Hayes The Agency for Healthcare Research and Quality (AHRQ) will hold a subcommittee meeting open to the public on October 26, 2009, to provide advice regarding grant funding for two demonstration projects: Medical Liability Reform and Patient Safety Demonstration Projects (R18) and Medical Liability Reform and Patient Safety Planning Grants (R21). These demonstration projects were announced on September 9, 2009, as part of The Obama Pla
Effects of Tort Reform on U.S. Health Care Spending
By Holly Hayes - October 22, 2009
by Holly Hayes The Congressional Budget Office (CBO) issued an analysis of the effects of tort reform proposals on health care spending. The CBO estimates that implementing a nationwide package of tort reform proposals would result in reductions of health care spending of about 0.5 percent or about $11 billion in 2009. This figure represents a reduction of 0.2 percent from lower medical liability premiums and a 0.3 percent reduction from less uti
Fulbright & Jaworski 2009 Litigation Trends Survey Report: Expect Increase in Commercial International Arbitration
By Victoria VanBuren - October 21, 2009
Karl Bayer stumbled upon this year’s Fulbright & Jaworki’s Litigation Trends Survey Report and we thought you might be interested in reading it. Here is an excerpt: How to Resolve? Litigation versus Arbitration: 20. Commercial International Arbitrations Expected to Rise: Nearly a quarter of counsel from large-cap companies and 17% of all respondents expect an increase in the number of commercial international arbitrations they wil
Fifth Circuit Confirms Credit Card Dispute Award by the National Arbitration Forum
By Victoria VanBuren - October 20, 2009
In Theriault v. FIA Card Services, N.A., No. 09-30233 (5th Cir. Oct. 8, 2009), Victor Theriault became delinquent on his credit card account with FIA Card Services, N.A. (formerly known as MBNA America Bank, N.A.) (FIA) around December 2006. FIA filed for arbitration at the National Arbitration Forum (NAF). On April 2007 NAF issued an arbitration award in favor of FIA. Theriault challenged the award on the grounds that FIA had violated the Truth
WSJ: “Turmoil in Arbitration Empire Upends Credit-Card Disputes”
By Victoria VanBuren - October 19, 2009
Last week’s Wall Street Journal had an interesting and well-written article about arbitration of credit card disputes, centered around the National Arbitration Forum (NAF). Hat tip to Don Philbin. Here is an excerpt: Arbitration and mediation have existed as ways to resolve disputes in the U.S. for more than 200 years. They became the standard practice in the financial world after 1987, when a Supreme Court decision gave securities firms th
IRS Expands Appeals Mediation Procedure
By Victoria VanBuren - October 16, 2009
Effective October 5 2009, the Internal Revenue Service (IRS) has an updated mediation procedure for cases in the Appeals administrative process. Under Revenue Procedure 2009-44, the IRS expands the types of cases eligible for voluntary mediation and clarifies the cases that are ineligible. Mediation is available for: Legal issues. Factual issues. Certain compliance coordination issues. Early referral issues where agreement is not reached. Issues
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