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All articles by victoria
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NASAA’s Statement on FINRA’s Arbitration Pilot Program Expansion
By Victoria VanBuren - October 7, 2009
To follow up on our recent posts on securities arbitration (available here and here) we thought that you would like to know that the Financial Industry Regulatory Authority (FINRA) announced on October 5, 2009 the expansion of its two-year pilot program that gives investors who are filing claims the option to select an arbitration panel composed of three public arbitrators instead of two public and one non-public. Read more about the pilot progra
Comments to Dan Solin’s Post on Arbitration of Securities Disputes at FINRA
By Victoria VanBuren - October 6, 2009
John Fleming sent us the following comments about our post of yesterday (find the post here): I have a beef with the Solin’s approach. FINRA has a new pilot program that allows customers to choose arbitration panels with only non-industry arbitrators. Guess what? In reality customers and their lawyers are actually choosing to have industry arbitrators on the panels in about 50% of the cases, even when they can exclude them. Privately, lawye
Arbitration of Securities Disputes at FINRA
By Victoria VanBuren - October 5, 2009
Our friend John C. Fleming from Hays & Owens, L.L.P sent us the following post: [update: find John C. Fleming’s comment about this post here] A reader of my blogs sent me an e-mail with a Customer Agreement from a major brokerage firm. She asked me to look it over and tell her if she should sign it. The first thing that struck me was this clause: “Brokerage activities are regulated under different laws and rules than advisory acti
The Uniform Mediation Act and Confidentiality
By Victoria VanBuren - October 2, 2009
By Holly Hayes As discussed in a previous post, an attempt has been made to explore confidentiality in the Uniform Mediation Act (UMA) and provide an updated list of the states who have implemented the Act, those where legislation is pending, states who have rejected the act and those who have chosen to adopt similar bills. The Uniform Mediation Act, constructed by committees from the National Conference of Commissioners on Uniform State Laws and
Arbitrating Patent Disputes
By Victoria VanBuren - October 1, 2009
Peter S. Vogel, trial partner at Gardere Wynne Sewell LLP and contributor to this blog, wrote a interesting article about arbitrating patent infringement licenses. Here is an excerpt: Markman Hearings. In 1996, the US Supreme Court (Markman v. Westview Instruments, Inc., 517 U.S. 370 (1996)) established a procedure by which US District Judges hear evidence regarding the interpretation of patent claims during what is now called a Markman Hearing.
Reminder: 33rd Annual Page Keeton Civil Litigation Conference | Austin October 29-30
By Victoria VanBuren - September 29, 2009
Need CLE credits? The University of Texas School of Law will host its 33rd Annual Page Keeton Civil Litigation Conference on October 29-30, 2009 at the Four Seasons Hotel in Austin, Texas. Professor Tracy McCormack and Karl Bayer will present on October 30, “Effective Advocacy in Arbitration.” Arbitration: do you know when you should ask for it and what to do if you get it? Concrete instruction on advocacy in arbitration, using actual
Reminder: State Bar of Texas CLE | Dallas October 29-30 | Business Torts
By Victoria VanBuren - September 28, 2009
Mark your Calendars! The Texas Bar CLE presents a new course on Business Torts, co-sponsored by the Litigation Section of the State Bar of Texas. The live conference will take place in Dallas on October 29-30, 2009. This course will provide discussions on the following areas: • Tortuous Interference • Trade Secrets & Misappropriation • Fraudulent & Negligent Misrepresentation • Breach of Fiduciary Duty in Business Litigation • Business To
Texas Bar Journal Article: “Mediation Myths and Lies”
By Victoria VanBuren - September 25, 2009
Luciano A. Rodriguez, an attorney past president of the Texas Association of Mediators wrote an interesting article about what he views as “mediation myths” held by attorneys who handle court-annexed mediations. Here is his list of myths: A Strong Mediator is Better Allowing the Party to Speak at the Opening Session is Always Dangerous and Should be Avoided The Opening Offer from Plaintiff Mus Be Very high in Order to Reach a Reasonab
Michigan Journal of International Law Article on Class Action Arbitration
By Victoria VanBuren - September 23, 2009
Professor S.I. Strong, Senior Fellow at the University of Missouri’s Center for the Study of Dispute Resolution wrote an excellent article about the international implications of class arbitration. The article is entitled “The Sounds of Silence: Are U.S. Arbitrators Creating Internationally Enforceable Awards When Ordering Class Arbitration in Cases of Contractual Silence or Ambiguity?” and appears at 30 Michigan Journal of Inte
GUEST-POST PART IVB | Class and Consolidated Arbitration Under the Federal Arbitration Act: What Issues Will the United States Supreme Court Confront in Stolt-Nielsen, S.A. V. AnimalFeeds Int’l Co.?
By Victoria VanBuren - September 21, 2009
Part IVB: How will the Court Rule on the Merits? By Philip J. Loree Jr. I. Introduction In Part IVA (here) we considered whether the question in Stolt-Nielsen was one for the court or the arbitrators to decide, and predicted that at least five Justices of the United States Supreme Court will hold that the court must decide it. If we are correct, then the Supreme Court will consider on a de novo basis whether the arbitration panel had the authorit
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