Karl Bayer's Disputing Blog » 2020

User Ordered to Arbitrate BIPA Claims Despite Shutterfly’s Unilateral Change to Terms of Use

By Beth Graham - May 28, 2020

The Northern District of Illinois has ordered a consumer’s Illinois Biometric Information Privacy Act (“BIPA”) lawsuit filed against online photography company Shutterfly to arbitration, despite that Shutterfly unilaterally amended its Terms of Use (“Terms”) after the consumer agreed to them.

Tips on Taking Good Remote Depositions From a Veteran Court Reporter

By Julie Jordan - May 27, 2020

Good court reporters have seen and worked through every scenario – mumblers, whisperers, screamers, paper rattlers, cross-talkers – you name it. So, after 32 years, I thought I’d seen it all. And then came COVID-19.

Agreements not to Challenge Remote Arbitration Awards

By Kyle Bailey - May 26, 2020

Due to unprecedented health and safety risks, more clients and attorneys are turning to online dispute resolution ("ODR") to resolve their disputes.

Online Mediation May Allow Restorative Justice to Continue During COVID-19

By Renata Schaffer - May 20, 2020

Since the COVID-19 pandemic began, the criminal justice system and its efforts of justice and reconciliation, commonly known as restorative justice, have taken a huge hit.

Remote Arbitration Best Practices: Witness Examination

By Kyle Bailey - May 14, 2020

Disputing is synthesizing guidance documents from the AAA, CIArb, CPR, Hogan Lovells, and the ICC, as well as the Seoul Protocol, to provide a comprehensive list of best practices for remote arbitration.

Are Litigation Outcome Disparities Inevitable? Courts, Technology, and the Future of Impartiality

By Beth Graham - May 13, 2020

Avital Mentovich, Assistant Professor in the School of Criminology at the University of Haifa, J.J. Prescott, Henry King Ransom Professor of Law and the Co-director of both the Empirical Legal Studies Center and the Program in Law and Economics at the University of Michigan Law School, and Orna Rabinovich-Einy, Haifa University Vice Dean, Professor, and Faculty of Law, have written “Are Litigation Outcome Disparities Inevitable? Courts, Technolog

Remote Arbitration Best Practices: Security and Confidentiality

By Kyle Bailey - May 12, 2020

Using Rule 11 to Keep Your Case Moving During COVID-19

By Tracy McCormack - May 11, 2020

Remember when Rule 11 was used just to memorialize a discovery extension? Meet the new and improved Rule 11. It’s a powerful tool to keep your clients happy and your cases moving when you don’t have regular access to the courts.