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Archived articles from 2010
258 articles found
Commentary on In re Merrill Lynch & Co | Texas Supreme Court Case
By Victoria VanBuren - July 22, 2010
By William G. Whitehill In In re Merrill Lynch & Co., Inc. and Merrill, Lynch, Pierce, Fenner; Smith Incorporated, __ S.W.3d __ (June 25, 2010 slip op.), the Texas Supreme Court conditionally granted mandamus relief in favor of Merrill Lynch, staying litigation against it by a non-signatory company when that company’s sister company that was a signatory to an arbitration agreement was also asserting identical claims that were potentiall
Federal Judge Comments on “Why Isn’t ADR More Popular?”
By Victoria VanBuren - July 21, 2010
By U.S. District Judge W. Royal Furgeson, Jr. Dear Friends: I have read with interest “Why Isn’t ADR More Popular? A Report from Harvard.” From my perspective as a judge, I would recommend that lawyers be very careful about inserting mandatory arbitration language into their client’s contracts. First, I see a great deal of buyer’s remorse in cases where there is a mandatory arbitration clause that leaves a party no c
Why Isn’t ADR More Popular? A Report from Harvard
By Holly Hayes - July 20, 2010
The article below was published this week on the Program on Negotiation at Harvard Law School website. Many scholars have noted that the business community would greatly benefit from third-party dispute resolution services. JThe authors note that disputants use arbitration and mediation less frequently than their preferences on surveys would predict and than rational parties would.
GUEST-POST PART IX | Questions Clients Have about Mediation: What Happens in Mediation?
By Victoria VanBuren - July 19, 2010
By Kent B. Scott and Cody W. Wilson Every mediation is unique. The mediator will work with the parties and counsel to devise the appropriate format for the mediation. In general, however, mediation has four stages: Opening joint session The mediation usually begins with a joint session. At this session, the parties will be seated and the mediator will introduce everyone to each other. The mediator will also set out some rules of appropriate condu
AP: Lawsuit Seeks Arbitration in Microsoft Case
By Victoria VanBuren - July 16, 2010
Here is an interesting article from the Associated Press: By MICHAEL J. CRUMB, Associated Press Writer Tue Jul 6, 6:17 pm ET DES MOINES, Iowa – Attorneys representing 23 states involved in a class-action lawsuit against Microsoft Corp. have filed a lawsuit over attorney fees against the Iowa lawyer who spearheaded a $179.5 million settlement with the software company. Roxanne Conlin of Des Moines negotiated the 2007 settlement that included $75 m
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
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