Karl Bayer's Disputing Blog

NLRB Again Rules Class-Action Arbitration Waivers Violate the NLRA

By Beth Graham - December 1, 2014

The National Labor Relations Board (“NLRB”) has once again ruled that class-action arbitration waivers are unenforceable under the National Labor Relations Act (“NLRA”). In Murphy Oil USA, Inc., 361 NLRB No. 72 (Oct. 28, 2014), a company, Murphy Oil, required an Alabama employee to sign a binding arbitration agreement as a condition of employment.

Use and Perception of International Commercial Mediation and Conciliation

By Beth Graham - November 26, 2014

Professor S.I. Strong, Associate Professor at the University of Missouri School of Law has published “Use and Perception of International Commercial Mediation and Conciliation: A Preliminary Report on Issues Relating to the Proposed UNCITRAL Convention on International Commercial Mediation and Conciliation,” University of Missouri School of Law Legal Studies Research Paper No. 2014-28.

FINRA Orders Wealth Management Firm to Pay 19 Exxon Retirees $3.8 Million

By Beth Graham - November 25, 2014

A Financial Industry Regulatory Authority (“FINRA”) arbitration panel has reportedly ordered a Houston-based wealth management company to pay 19 retirees a total of $3.8 million for mismanaging their investment accounts. In the case, a group of former Exxon-Mobil Corporation employees claimed that USCA Capital Advisors LLC mislead them about the company’s investment strategy and performance.

Part Four: Arbitration in Evolution

By Beth Graham - November 24, 2014

This is the final installment in Disputing‘s series focused on sections of a research paper entitled, “Arbitration in Evolution: Current Practices and Perspectives of Experienced Arbitrators,” by Pepperdine University School of Law Professor Thomas Stipanowich and Straus Institute for Dispute Resolution Research Fellow Zachary Ulrich. The article fully analyzes the data obtained in a groundbreaking 2013 survey regarding commercial arbitration pr

Part Three: Arbitration in Evolution

By Beth Graham - November 22, 2014

In Parts One and Two of this series, Disputing focused on portions of “Arbitration in Evolution: Current Practices and Perspectives of Experienced Arbitrators,” by Pepperdine University School of Law Professor Thomas Stipanowich and Straus Institute for Dispute Resolution Research Fellow Zachary Ulrich. The authors’ work examines much of the data obtained in a recent survey concerning the state of commercial arbitration practice in both U.S. and

Part Two: Arbitration in Evolution

By Beth Graham - November 18, 2014

In Part One of this series, Disputing highlighted the survey group profile described in “Arbitration in Evolution: Current Practices and Perspectives of Experienced Arbitrators,” authored by Pepperdine University School of Law Professor Thomas Stipanowich and Straus Institute for Dispute Resolution Research Fellow Zachary Ulrich.

Part One: Arbitration in Evolution

By Beth Graham - November 14, 2014

Professor Thomas Stipanowich, Pepperdine University School of Law, and Straus Institute for Dispute Resolution Research Fellow Zachary Ulrich, have published “Arbitration in Evolution: Current Practices and Perspectives of Experienced Arbitrators,” Columbia American Review of International Arbitration, Forthcoming ; Pepperdine University Legal Studies Research Paper No. 2014/30.

Reflections on the State and Future of Commercial Arbitration: Challenges, Opportunities, Proposals

By Beth Graham - November 12, 2014

Over the course of the past week, Disputing highlighted Pepperdine University School of Law Professor Thomas Stipanowich’s forthcoming publication entitled “Reflections on the State and Future of Commercial Arbitration: Challenges, Opportunities, Proposals,” Columbia American Review of International Arbitration, Forthcoming; Pepperdine University Legal Studies Research Paper No. 2014/29.

Part Three: Reflections on the State and Future of Commercial Arbitration

By Beth Graham - November 11, 2014

In Parts One and Two of this series, Disputing highlighted portions of Pepperdine University School of Law Professor Thomas Stipanowich’s research paper entitled “Reflections on the State and Future of Commercial Arbitration: Challenges, Opportunities, Proposals.”