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Archived articles from 2017

117 articles found

SCOTUS to Consider Constitutionality of Inter Partes Review of Patents

By Beth Graham - June 19, 2017
Last week, the United States Supreme Court granted certiorari in a potentially significant patent case regarding whether the adversarial process currently used by the United States Patent and Trademark Office to analyze the validity of and cancel existing patents is constitutional.

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U.S. Dept. of Ed. Reconsidering Regulation Banning Pre-Dispute Arbitration Agreements in Higher Education

By Beth Graham - June 16, 2017
On Wednesday, the United States Department of Education announced that it would postpone the Borrower Defense to Repayment (“BDR”) final regulation that was scheduled to become effective on July 1, 2017.

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Special Masters: How to Help Judges Extend Their Reach… And Exceed Their Grasp

By Beth Graham - June 16, 2017
Disputing would like to announce guest post writer Merril Hirsh has published a thought-provoking and timely article focused on the idea that special masters are well-positioned at the intersection between Alternative Dispute Resolution (“ADR”) and the courtroom.

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U.S. House Passes Measure that Would Repeal Arbitration Provision in Consumer Financial Protection Act

By Beth Graham - June 15, 2017
Last week, the United States House of Representatives voted 233 to 186 in favor of modifying the Dodd-Frank Wall Street Reform and Consumer Protection Act.

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Arbitrating Ballot Battles?

By Beth Graham - June 9, 2017
Rebecca Green, Professor of the Practice, Co-Director of the Election Law Program, and Assistant Director of the Center for Legal and Court Technology at William & Mary Law School, has published “Arbitrating Ballot Battles?,” Kentucky Law Journal, Vol. 75, 2015-16 (2017).

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CMS Issues Proposed New Rule on Nursing Home Pre-Dispute Arbitration Agreements

By Karl Bayer - June 7, 2017
The Centers for Medicare and Medicaid Services (CMS), an arm of the US Department of Health and Human Services, released an announcement on June 5th withdrawing its 2016 Rule prohibiting pre-dispute arbitration agreements for long-term care nursing home contracts.

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Sixth Circuit Sides with Seventh, Ninth Circuits on Issue of Class Waivers Included in an Employer’s Arbitration Agreement

By Beth Graham - June 7, 2017
The United States Court of Appeals for the Sixth Circuit has ruled that an employer may not prohibit employees from pursuing collective action litigation or arbitration for work-related claims.

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The Uberization of Arbitration Clauses

By Beth Graham - June 2, 2017
Professor Jill I. Gross, Elisabeth Haub School of Law at Pace University, has published “The Uberization of Arbitration Clauses,” Penn State Yearbook on Arbitration and Mediation, Forthcoming.

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SCOTX Offers Significant Guidance Regarding Discovery of ESI

By Beth Graham - May 31, 2017
The Supreme Court of Texas has issued a significant decision related to the discovery of electronically stored information (“ESI”).

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Fifth Circuit Holds Payday Lender Waived Right to Arbitration

By Beth Graham - May 25, 2017
In a 2-1 decision, the nation’s Fifth Circuit Court of Appeals has ruled a payday loan lending company that sought criminal charges against customers who failed to repay their loans waived its right to arbitration by substantially invoking the judicial process.

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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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