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All articles by Beth Graham
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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
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
Armstrong Autobiography Suit Seeks Class Action Status
By Beth Graham - January 31, 2013
It looks like Lance Armstrong’s legal troubles in connection with his use of performance enhancing drugs and other measures to secure seven Tour de France victories are far from over. Last fall, the International Cycling Union released its decision to recognize the USADA’s findings against Armstrong. In the decision, all of Armstrong’s competitive results achieved after August 1, 1998 were disqualified. In addition, United States Justice Departme
Texas Supreme Court Reverses Richmont Holdings Decision
By Beth Graham - January 30, 2013
On Friday, the Supreme Court of Texas reversed and remanded the Second District in Fort Worth’s ruling in Richmont Holdings, Inc., et al. v. Superior Recharge Systems, L.L.C., et al. (No. 12-142). The interlocutory appeal arose after Richmont Holdings purchased the assets of Superior Recharge Systems. A provision in the purchase agreement stated: “Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall
Picture It Settled® Launches Today at LegalTech New York
By Beth Graham - January 29, 2013
Disputing contributor Don Philbin launches the full version of Picture It Settled, a new tool for providing predictive analytics for the negotiation of litigated cases, at LegalTech New York today. According to the press release: Picture It Settled software is a highly intelligent predictive analytics tool that guides inside and outside counsel through the negotiation process, based on deep data harvested from thousands of cases. The online-acces
Taming the Wild West of Arbitration Ethics
By Beth Graham - January 28, 2013
Kristen Blankley, Assistant Professor at the University of Nebraska College of Law has authored an interesting article entitled Taming the Wild West of Arbitration Ethics, Kansas Law Review, Forthcoming. In her article, Professor Blankley examines legal ethics in the arbitral forum. Here is the abstract: The boundaries of ethical behavior in litigation are well known and understood in the legal community. Attorneys and parties cannot lie under oa
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