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Archived articles from 2010
258 articles found
UNCITRAL Issues New Arbitration Rules
By Victoria VanBuren - August 6, 2010
On June 25, 2010, the United Nations Commission on International Trade Law (UNCITRAL) adopted its revised UNCITRAL Arbitration Rules. The revised rules will be effective as of August 15, 2010. They include provisions dealing with multiple parties and joinder, liability, and a procedure to object to experts appointed by the arbitral tribunal. The rules also feature clauses aimed to enhance procedural efficiency; including new procedures for the re
Fifth Circuit Rules that Unions and Employees May Contract to Exclude Certain Claims from Arbitration Under the RLA
By Victoria VanBuren - August 5, 2010
The United States Court of Appeals for the Fifth Circuit held that a grievance concerning a pilot’s discharge is not subjected to the Railroad Labor Act’s (RLA) mandatory arbitration mechanism because the collective bargaining agreement (CBA) between the airline and its pilot’s union explicitly excluded the claim. In CareFlite v. AFL-CIO, No. 08-10807 (5th Cir. Jul. 13, 2010) CareFlite is a medical transportation company that em
Disputing Blog Cited by Law Review Article: ‘Still Litigating Arbitration in the Fifth Circuit, But Less Often’
By Victoria VanBuren - August 4, 2010
We are pleased to share with you that our blog Disputing has been cited by the law review article Still Litigating Arbitration in the Fifth Circuit, But Less Often, 42 Tex. Tech L. Rev. 551 (2010) by Donald R. Philbin, Jr. and Audrey Lynn Maness. Kudos to the authors! The article can be accessed via Westlaw or LexisNexis. These are the Disputing blog posts cited by the article: Hall Street Meets S. Maestri Place: What Standards of Review Will the
Massachusetts General Hospital Study Finds Physicians are Reluctant to Report Incompetent Colleagues
By Holly Hayes - August 3, 2010
By Holly Hayes The Joint Commission (TJC) requires that all hospitals have a process in place to identify and assist staff physicians with health and behavior problems. A July study published in the Journal of the American Medical Association (JAMA) conducted by researchers from Massachusetts General Hospital found more than 31 percent of the 2,000 doctors who responded don’t turn in colleagues who are impaired or incompetent. The study sur
Questions Clients Have about Mediation
By Victoria VanBuren - August 2, 2010
Last week, we concluded the series “Questions Clients Have about Mediation” written by Kent B. Scott and Cody W. Wilson from Babcock Scott & Babcock. In case you missed these interesting posts, following are links to all of them: What is Mediation? What are the Advantages and Disadvantages of Mediation? Would my Mediation be Confidential? Will a Settlement in Mediation be Enforceable? How do we Get the Mediator to See it Our Way?
Wall Street Reform Signed Into Law: Arbitration Provisions
By Victoria VanBuren - July 29, 2010
As readers may already know, last week, President Barack Obama signed into law the Restoring American Financial Stability Act of 2010 (a.k.a. the “Dodd-Frank Wall Street Reform and Consumer Protection Act”). The act, among other things, would give the SEC the power to ban or limit mandatory arbitration in certain agreements. House Versions: H.R. 4173 and Status; Senate Versions: S.3217 and Status. The final version is here. Following are some pro
GUEST-POST | eDiscovery Update: Special Masters and eMediation
By Victoria VanBuren - July 28, 2010
By Peter S. Vogel Special Masters can help Judges and parties in eDiscovery disputes and also reduce the cost of litigation. Also managing eDiscovery can be improved by using eMediators who can help simply eDiscovery disputes and reduce motion practice. My recent article in the Texas Lawyer discusses some of the benefits of eMediation and Special Masters in eDiscovery. Over the past 20 years I have served as a Mediator and Special Master in compu
Positive Results of Conflict
By Holly Hayes - July 27, 2010
By Holly Hayes In May, we wrote about Dr. Donde Plowman’s presentation in Austin where she spoke about the opportunity leaders have to create organizations where innovation can occur. One aspect of innovation in organizations, she believes, is the presence of conflict. So often, leaders are responsible for reducing conflict, but Dr. Plowman argues, conflict often results in innovation. She states, perhaps conflict in the organization means
GUEST-POST PART X | Questions Clients Have about Mediation: Is There a Recipe for a Successful Mediation?
By Victoria VanBuren - July 26, 2010
By Kent B. Scott and Cody W. Wilson The success of mediation is mainly determined by the parties. It is their process and they are in control of the ultimate result. While there is no guarantee that any mediation will succeed, there are some common elements found in successful mediations: The mediator selected by the parties had the skills, knowledge and style (i.e., evaluative or facilitative) that fit the dispute and personalities involved in t
Social Media: eMail, SPAM, Spyware, and Phishing | State Bar of Texas Webcast, July 28, 2010
By Victoria VanBuren - July 23, 2010
Peter S. Vogel, trial partner at Gardere Wynne Sewell LLP and contributor of this blog will host “Social Media: eMail, SPAM, Spyware, and Phishing,” a State Bar of Texas Webcast on Wednesday, July 28th 12:30-1:30pm CST. DESCRIPTION: The Internet has transformed communications as evidenced by the current estimate that over 210 billion emails are sent daily, 50 million tweets are sent daily, and over 1.5 trillion text messages were sent
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