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Archived articles from November 2012
17 articles found
Maryland Mediation Confidentiality Act Goes into Effect
By Victoria VanBuren - November 13, 2012
Maryland’s Mediation Confidentiality Act (SB 856/HB 762) went into effect on October 1, 2012. The Act establishes that, with certain exceptions, communications made in a mediation (i) in which the parties are required to mediate by law or (ii) are referred by an administrative agency or arbitrator, or (iii) in which the parties agree in writing that the mediation will remain confidential, must be kept confidential. Under the Act, the
Judge Waxse E-Discovery Roundup
By Victoria VanBuren - November 12, 2012
by Jeremy Clare After blogging about In the Matter of Applications for Search Warrants for Information Associated with Target Email Address, we have come across several noteworthy materials related to e-discovery written by the Honorable David J. Waxse, the author of the Order. Judge Waxse is a Magistrate Judge with the U.S. District Court for the District of Kansas and a well-known scholar on e-discovery. He is an Observer to The Sedona Conferen
Ethical Intelligence in Conflict Engagement
By Victoria VanBuren - November 9, 2012
by Holly Hayes I recently read the book Ethical Intelligence by Bruce Weinstein, PhD, also known as The Ethics Guy. The subtitle of the book is “Five Principles for Untangling Your Toughest Problems at Work and Beyond”. In Chapter 10, titled “If I Am Not for Myself, Who Will Be? Ethical Intelligence with Yourself” Dr. Weinstein talks about “Five Rules of Engagement” for dealing with anger using ethical intellig
U.S Supreme Court Considers Two Arbitration Petitions
By Victoria VanBuren - November 8, 2012
The U.S. Supreme Court is currently considering two significant arbitration-related petitions: BG Group PLC v. Republic of Argentina, Docket No. 12-138. The issue is whether, in disputes involving a multi-staged dispute resolution process, a court or the arbitrator determines whether a precondition to arbitration has been satis?ed. Opinion below: Republic of Argentina v. BG Group PLC, 665 F.3d 1363 (D.C. Cir. 2012) Nitro-Lift Technologies,
Fulbright Releases its 2012 International Arbitration Report, Issue 2
By Victoria VanBuren - November 7, 2012
Fulbright & Jaworski, LLP published recently its 2012 International Arbitration Report, Issue 2. Topics in this issue include: How to Optimize Your Expert Evidence The Law Governing the Arbitration Agreement Damages for Breach of an Agreement to Arbitrate Section 1782 Held Applicable to Private Arbitrations You may download the Report (free of charge) here.
U.S. District Court Denies Applications for Search Warrants for Electronic Communications Due to Over-Breadth
By Victoria VanBuren - November 5, 2012
by Jeremy Clare Magistrate Judge David Waxse of the United States District Court for the District of Kansas denied two applications for search warrants in which the government sought to gain emails and faxes from accounts used by an individual that allegedly used the accounts in an email spam campaign to defraud other individuals. Magistrate Judge Waxse denied the applications because the warrants, as proposed, violated the Fourth Amendment. In I
Forbes: Lehman Brothers Loses Nearly $500,000 Collection Case Against Former Employee
By Victoria VanBuren - November 1, 2012
Forbes has an interesting article regarding the recent FINRA arbitration Lehman Brothers Holdings v Adam David Sloan (FINRA Arbitration 11-01774, October 17, 2012): In a Financial Industry Regulatory Authority (“FINRA”) Arbitration Statement of Claim filed in May 2011, Claimant Lehman Brothers sought to recover by the close of the hearing $357,142.86 in outstanding principal; $79,244.88 accrued interest; and $53,571.43 in collection costs.
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