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Archived articles from 2017

117 articles found

Negotiation Via Videoconferencing

By Beth Graham - September 19, 2017
Professor Noam Ebner, Creighton University School of Law, has written a book chapter titled, “Negotiation Via Videoconferencing,” in Honeyman, C. & Schneider, A.K. (eds.) The Negotiator's Desk Reference. St Paul: DRI Press, Forthcoming. 

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Federal Court Issues Preliminary Injunction After Arbitrator Upholds Suspension of Dallas Cowboys Player

By Beth Graham - September 15, 2017
Last week, the Eastern District of Texas issued a preliminary injunction over a National Football League (“NFL”) player’s six-game suspension. 

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Confidentiality in Patent Dispute Resolution: Antitrust Implications

By Beth Graham - September 8, 2017
Professor Mark R. Patterson, Fordham University School of Law, has published “Confidentiality in Patent Dispute Resolution: Antitrust Implications,” Washington Law Review, Forthcoming; Fordham Law Legal Studies Research Paper No. 3026369.

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Fifth Circuit Affirms Order Stating Question of Arbitrability Was Delegated to the Arbitrator in $1.6 Billion Oil Lease Dispute

By Beth Graham - August 31, 2017
The nation’s Fifth Circuit Court of Appeals has upheld a federal district court’s order stating a $1.6 billion fraud lawsuit must be arbitrated.

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Fort Worth COA Rules Church Must Arbitrate Claims Against Roofing Materials Manufacturer

By Beth Graham - August 30, 2017
Texas’s Second District Court of Appeals in Fort Worth has overturned a trial court’s order denying a company’s motion to compel arbitration.

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Evolution of the Arbitration Forum as a Response to Mandatory Arbitration

By Beth Graham - August 29, 2017
Teresa J. Verges, Lecturer in Law and Director of the University of Miami School of Law Investor Rights Clinic, has published “Evolution of the Arbitration Forum as a Response to Mandatory Arbitration,” Nevada Law Journal, Forthcoming.

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Mediator Lee Jay Berman Named NADN’S 2017 Distinguished Neutral of the Year

By Beth Graham - August 28, 2017
On August 18th, the National Academy of Distinguished Neutrals (“NADN)” presented the organization’s inaugural “Distinguished Neutral of the Year” Award to Lee Jay Berman. 

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5th Circuit Once Again Upholds Class Waiver Absent an Arbitration Agreement

By Beth Graham - August 25, 2017
The United States Court of Appeals for the Fifth Circuit has once again overturned a National Labor Relations Board (“NLRB”) decision stating an employer’s collective action waiver that is not included in an arbitration agreement violates Section 8(a)(1) of the National Labor Relations Act (“NLRA”). 

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CFPB Director Pens NYT Op-Ed Addressing New Rule Against Mandatory Arbitration Agreements that Ban Class-Actions

By Beth Graham - August 24, 2017
On Tuesday, Consumer Financial Protection Bureau (“CFPB”) Director Richard Cordray published an opinion piece in the New York Times in response to recent attempts by lawmakers to repeal a new CFPB arbitration rule. 

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W. D. of Pennsylvania Addresses Optional Appeal to Second Arbitration Tribunal

By Mark Kantor - August 23, 2017
It is very rare to see a court decision addressing whether an optional appeal to a second arbitration tribunal is available under the applicable arbitration agreement and arbitration rules to a party disappointed by a first tribunal’s arbitration award. 

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Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.

To learn more about Karl and his team, or to schedule a mediation or arbitration with Karl’s live scheduling calendar, visit www.karlbayer.com.

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