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Archived articles from February 2013
19 articles found
Fifth Circuit Affirms Arbitration Decision on Collective Bargaining Agreement
By Beth Graham - February 13, 2013
In January, the United States Fifth Circuit Court of Appeals upheld an arbitrator’s decision in a case that arose pursuant to a collective bargaining agreement. In Albemarle Corporation v. United Steel Workers AOWU Local 103, No. 11-31185 (5th Cir. Jan. 3, 2013), two Albemarle Corporation (“Albemarle“) employees were terminated for alleged safety violations. Their union, United Steel Workers (“USW”), represented the men in arbitration under the p
Texas Legislative Roundup, February 12, 2013
By Beth Graham - February 12, 2013
The following bills relating to alternative dispute resolution were introduced during the 83rd Texas legislative session. The last day of the regular session will be Monday, May 27, 2013. Click on the bill number to read its text and on the status link to find the bill’s legislative history. Senate Bills: SB 355 relates “to the powers and duties of the Title IV-D agency regarding the establishment, collection, and enforcement of child support and
Arbitration of Trust Disputes: When Two Bodies of Law Collide
By Beth Graham - February 11, 2013
Professor S.I. Strong, from the University of Missouri School of Law (and a friend of this blog) has published “Arbitration of Trust Disputes: Two Bodies of Law Collide,” 45 Vanderbilt Journal of Transnational Law 1157 (2012). Here is the abstract: Once considered nothing more than “mere” estate-planning devices, trusts play a large and growing role in the international economy, holding trillions of dollars of assets and generating billions of do
The 5 Healthcare Issues to Watch in 2013
By Holly Hayes - February 8, 2013
The Physicians Foundation identified five issues likely to significantly impact physicians and patients in 2013. The 2013 Watch List is based on research undertaken by the Foundation in 2012 including the 2012 Biennial Physician Survey, the 2012 Next Generation Physician Survey, and the 2012 US Healthcare Highway Report.
Former Client Disputes Arbitration Decision Awarding $3M in Attorney Fees
By Beth Graham - February 7, 2013
On January 29th, a unique case was filed in Dallas County. In Parallel Networks, Inc. v. Jenner & Block, LLP, a former client of the law firm filed a motion to vacate an arbitral award of $3 million in attorney fees. In the case, Jenner & Block represented Parallel Networks on a contingency fee basis in a lawsuit against Oracle. After losing a motion for summary judgment, the law firm reportedly determined that Parallel Networks was unlik
ADR Techniques Are Gaining Popularity in Collective Bargaining Disputes
By Beth Graham - February 6, 2013
Charles B. Craver, Freda H. Alverson Professor of Law at the George Washington University Law School recently published a thought-provoking article entitled The Use of Alternative Dispute Resolution Techniques to Resolve Public Sector Bargaining Disputes, Ohio State Journal on Dispute Resolution, Vol. 28, p. 45, 2013. In his article, Professor Craver examines the growing use of alternative dispute resolution techniques in public sector bargaining
Fourth Circuit Decides FINRA Rules to Govern Dispute Over Auction Rate Securities
By Beth Graham - February 5, 2013
A federal appeals court has ruled that two Wall Street brokerages must arbitrate a $234 million auction rate securities claim in a dispute with a healthcare organization over what exactly constitutes a customer. In January, a panel of the United States 4th Circuit Court of Appeals held that Carilion Clinic was a customer of UBS AG and Citigroup, Inc. pursuant to the Financial Industry Regulatory Authority‘s (FINRA) securities arbitration ru
U.S. Legislative Roundup, February 4, 2013
By Beth Graham - February 4, 2013
The following bills relating to alternative dispute resolution were introduced by the 113th U.S. Congress. The session convened in Washington, D.C. on January 3, 2013 and will end on January 3, 2015. 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: Sandy Recovery Improvement Act of 2013. Amends Title IV of the Robert T. Stafford Disaster Relief and Emergency Ass
5 Healthcare Mediation Seminars You Don’t Want to Miss
By Holly Hayes - February 1, 2013
The American College of Healthcare Executives is offering five education seminars in 2013 of interest to healthcare mediators: Managing Conflict, Confrontations and Disputes. Seminar leaders are David Maxfield and Stacy D. Nelson, EdD. The course builds on skills and techniques of the best-selling books Crucial Conversations, Crucial Confrontations and Influencer: The Power to Change Anything. Conflict Management, Alternative Dispute Resolution a
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