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Archived articles from 2012
240 articles found
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.
Program on Negotiation at Harvard | Why Aren’t Mediation and Arbitration More Popular?
By Victoria VanBuren - October 30, 2012
The Harvard Program on Negotiation (PON) has discussed this issue recently: Many scholars have noted that the business community would greatly benefit from third-party dispute resolution services. The problem is, there isn’t much demand for mediation or arbitration. If the alternative dispute resolution field has in fact built a better mousetrap, why isn’t the market buying it? Continue reading at the Harvard Program on Negotiation.
GUEST-POST | The Role of e-Mediation in Resolving ESI Disputes in Federal Court | Interview with Allison Skinner
By Victoria VanBuren - October 29, 2012
by Peter S. Vogel My friend, Allison Skinner, who co-founded the American College of e-Neutrals with me, attended an interesting panel presented by the E-Discovery Series in the Western District of Pennsylvania on September 6, 2012 entitled “The Role of e-Mediation in Resolving ESI Disputes in Federal Court.” The U.S. District Court for the Western District of Pennsylvania was the first District to create an E-Discovery Special Master Panel
Healthcare Mediation Gaining Popularity in Britain
By Victoria VanBuren - October 26, 2012
by Holly Hayes The Health Service Journal for Healthcare Leaders, a British publication, posted an article in September 2012 titled “Mediation? Now you’re talking” authored by David Liddle, founder and chief executive of the TCM Group and president of the Professional Mediators’ Association. The post references a survey of 122 National Health Service (NHS) trusts regarding workplace grievances. Survey results indicate “83 per ce
Recent Developments in International Arbitration | October, 2012
By Victoria VanBuren - October 25, 2012
Following are this month’s recent developments in international arbitration law published by the International Law Office (free registration is required to view the articles): United Kingdom: Law governing arbitration has closest connection to law of the seat Brazil: Bumps in the road to infrastructure arbitration Nigeria: Court rules on timeframe for proceedings to enforce arbitral awards USA: District court grants Section 1782 discovery i
Arbitration and Mediation Update | October 2012
By Victoria VanBuren - October 24, 2012
The following bills relating to alternative dispute resolution were introduced by the 112nd U.S. Congress. The session convened in Washington, D.C. on January 3, 2011 and will end on January 3, 2013. Click on the bill number to read its text and on the status link to find the bill’s most recent legislative action. Bills that passed: Patent Reform Act of 2011 (a.k.a. America Invents Act). The Act provides, among other things that parties to a deri
UCI Recognizes Sanctions against Lance Armstrong
By Victoria VanBuren - October 23, 2012
by Jeremy Clare On October 22, 2012, the International Cycling Union (UCI) released its decision regarding USADA’s case against Lance Armstrong. UCI came to three main conclusions: (1) UCI will not appeal USADA’s reasoned decision to the Court of Arbitration for Sport (CAS); (2) UCI will recognize and implement USADA’s reasoned decision; and (3) UCI will disqualify all competitive results achieved by Mr. Armstrong from August 1, 1998 thereafter.
USADA Case against Lance Armstrong | Statute of Limitations
By Victoria VanBuren - October 22, 2012
by Jeremy Clare USADA is seeking the disqualification of all of Mr. Lance Armstrong’s competitive results from August 1, 1998 onward. According to Article 17 of the World Anti-Doping Code, the statute of limitations for an action brought against an athlete is eight years from the date that the alleged violation(s) occurred. However, USADA claimed that the statute of limitations was suspended because Mr. Armstrong concealed the violations. In its
USADA Case against Lance Armstrong | Evidence against Armstrong
By Victoria VanBuren - October 19, 2012
by Jeremy Clare The overall purpose of USADA’s Reasoned Decision was to present the evidence it gathered in order to justify the sanctions against Mr. Armstrong. The Reasoned Decision gives both, a detailed account and an extensive summary of the evidence. USADA had sworn statements from more than two dozen witnesses. The witnesses include fifteen professional cyclists and Armstrong’s former masseuse. Eleven of those cyclists were members of Arms
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