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Archived articles from July 2010
20 articles found
FTC Issues Report on Debt Collection Litigation and Arbitration
By Victoria VanBuren - July 15, 2010
Last year, the Federal Trade Commission (FTC) held five round tables in three cities discussing consumer debt collection litigation and arbitration. (read more here) The agency issued this week Repairing a Broken System: Protecting Consumers in Debt Collection and Litigation and Arbitration, a report containing the findings, conclusions, and recommendations. Chapter 3 of the FTC report addresses debt collection in arbitration: The report finds th
Just Published: “Meaningful Use” Regulation for Electronic Health Records
By Holly Hayes - July 14, 2010
by Holly Hayes The New England Journal of Medicine (NEJM) published on July 13, a summary of the final regulations on “meaningful use” of electronic health records (EHR). The full, final regulation is 864 pages and can be found here. The regulation divides the elements required for “meaningful use” into two groups: first, a set of core objectives that are an essential starting point for meaningful use of EHRs and, second, a menu of ad
GUEST-POST PART VIII | Questions Clients Have about Mediation: Is the Mediator Like a Judge? What Should I Bring to the Mediation? What Should I Wear to the Mediation? How Long Will the Mediation Last?
By Victoria VanBuren - July 13, 2010
By Kent B. Scott and Cody W. Wilson Is the Mediator Like a Judge? Clients who are learning about mediation for the first time invariably want to know whether the mediator can adversely affect their core interests in the dispute. The answer is “no” because the mediator must be neutral and remain so throughout the proceedings. The mediator is not a decision maker and has no authority to require the parties to settle. The decision to settle belongs
Rent-A-Center, West Inc. v. Jackson | Blawgosphere Roundup on Arbitration Unconscionability Decision
By Victoria VanBuren - July 12, 2010
On June 21, 2010, the U.S. Supreme Court decided Rent-A-Center, West v. Jackson. The question presented was: Is the district court required in all cases to determine claims that an arbitration agreement subject to the Federal Arbitration Act (”FAA”) is unconscionable, even when the parties to the contract have clearly and unmistakably assigned this “gateway” issue to the arbitrator for decision? We thought you would like to read some interesting
Confusion Around “Meaningful Use” of Electronic Health Records
By Holly Hayes - July 9, 2010
By Holly Hayes Congress has mandated the adoption of electronic health records (EHR) and put billions of dollars behind the mandate. Hospitals and professionals interested in seeking these funds need to achieve “meaningful use” (MU) of electronic health records. The Centers for Medicare and Medicaid Services (CMS) states: The Medicare and Medicaid EHR incentive programs will provide incentive payments to eligible professionals and eli
National Labor Relations Board Issues Guidelines for Employers’ Arbitration Policies
By Victoria VanBuren - July 8, 2010
On June 16, 2010, the National Labor Relations Board (NLRB) issued a Guideline Memorandum addressing the legal framework to use in employer’s mandatory arbitration policies. The Guideline Memorandum includes the following principles: (1) The concerted filing of a class action lawsuit or arbitral claim seeking to enforce employment statutes is protected by Section 7 of the Act, and if an employer threatens, disciplines or discharges an emplo
Texas Supreme Court Rules that Court Abused Its Discretion By Refusing to Stay Litigation
By Victoria VanBuren - July 7, 2010
The Texas Supreme Court held that a court abused its discretion when it refused to stay litigation that could moot arbitration of related claims in the same lawsuit. In re Merrill Lynch & Co., Inc. and Merrill Lynch, Pierce, Fenner & Smith Inc., No. 09-0161 (Tex. June 25, 2010) is similar to In re Merrill Lynch Trust Company FSB, 235 S.W.3d 185 (Tex. 2007). There, the court held that there are “many circumstances in which litigation must
GUEST-POST PART VII | Questions Clients Have about Mediation: Who Should I Bring to the Mediation?
By Victoria VanBuren - July 6, 2010
By Kent B. Scott and Cody W. Wilson Who Should I Bring to the Mediation? Client representatives. More is not better. The attorney and client should bring one or two employees who know the facts of the dispute. The problem is that often the employees most involved in a dispute have a vested interest in protecting their personal turf. Counsel and the client may have to decide how to handle an employee who was intimately involved in the dispute but
U.S. Arbitration and Mediation Legislative Update
By Victoria VanBuren - July 5, 2010
The following bills relating to alternative dispute resolution were introduced by the 111st U.S. Congress. The session will last from January 3, 2009 until January 3, 2011. Click on the bill number to read its text and on the status link to find the bill’s most recent legislative action. Stay tuned to Disputing for more legislative updates! Bills that passed: “An Act Making Appropriations for the Department of Defense for the Fiscal Year En
Innovations in Collaboration and Conflict Resolution | Austin, July 28-30
By Victoria VanBuren - July 2, 2010
Mark your calendars! The Center for Public Policy Dispute Resolution at the University of Texas School of Law presents its 2nd Annual Summer Skills Enrichment Institute. when: July 28-30, 2010 what: Innovations in Collaboration and Conflict Resolution where: Four Seasons Hotel, Austin, TX Find out more here.
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