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The Texas Legislature Adjourned
By Victoria VanBuren - June 4, 2009
Although the 81st Texas Legislature adjourned Monday night, some speculate that the Governor will call a special session to address legislation to keep five state agencies from shutting down: the Texas Department of Transportation, the Texas Department of Insurance, the Texas Racing Commission, the Texas State Affordable Housing Corp., and the Office of Public Insurance Counsel. As the dust settles, we will comment on the dispute resolution bills
LinkedIn Commercial and Industry Arbitration and Mediation Group Follow-Up
By Victoria VanBuren - June 3, 2009
Further to our May 21th announcement of the formation of a LinkedIn Commercial and Industry Arbitration and Mediation Group, we are pleased to share with you that the group has since grown to 76 members. We welcome new members. Persons who should consider joining this group include arbitrators; mediators; in-house and outside counsel; law professors; dispute-resolution consultants; members of ADR organizations; business entity representatives and
Sonia Sotomayor Meets Posner: Standards of Review for Arbitration Awards After Hall Street
By Victoria VanBuren - June 2, 2009
Over the past year, the circuit courts have differed over whether the “manifest disregard of the law” doctrine survives the U.S. Supreme Court’s holding in Hall Street. Hall Street Assoc. v. Mattel, Inc., 128 S. Ct. 1396 (2008). In a recent article, Philip J. Loree Jr. analyzes the Second Circuit’s interpretation of Hall Street in Stolt-Nielsen S.A. v. AnimalFeeds Int’l Corp., 548 F.3d 85 (2d Cir. 2008). Interestingly, the
U.S. Supreme Court: The End of Software Patents?
By Victoria VanBuren - June 1, 2009
Fifth Circuit: Sham Arbitration Cannot Be Used to Perform an Unlawful Transfer
By Victoria VanBuren - May 29, 2009
In a one-paragraph opinion, the U.S. Court of Appeals for the Fifth Circuit held that arbitration cannot be used to circumvent procedural requirements of the Texas Structured Settlement Protection Act (“SSPA”) and affirmed the District Court’s refusal to confirm an arbitration award. In Symetra Life Ins. Co. v. Rapid Settlements Ltd., No. 08-20248, Symetra National Life Insurance Company, (“Symetra”) payor of structu
ICANN: Recent Developments in Internet Governance
By Victoria VanBuren - May 28, 2009
As a future computer scientist, it is hard not to write about the most recent issue of Landslide, published by the ABA Section of Intellectual Property Law. The magazine contains an excellent article by Mark V. B. Partridge and Scott T. Lonardo. The authors discuss ICANN‘s recent developments in the Internet domain name system: Domain Name Tasting. In order to decrease the practice of domain name tasting, ICANN has adopted a new policy to l
Texas Legislature Update
By Victoria VanBuren - May 27, 2009
[update: H.B. 2139 passed the House and Senate (with amendments); the amended version was under consideration by the conference committee when the session ended. See here. ] Today, two bills related to ADR were passed by the 81st Texas Legislature: H.B. 1083. The bill, authored by Rep. Gary Elkins, states that “Except as provided by agreement of the parties, a court may not order mediation in an action that is subject to the Federal Arbitra
Victoria Pynchon and the Power of Persuasion
By Victoria VanBuren - May 26, 2009
During this Memorial Day holiday, I came across a very interesting article by Victoria Pynchon, a graduate of the prestigious Straus Institute for Dispute Resolution. The piece is a well-written personal anecdote about her volunteer work during the past U.S. presidential campaign. The lesson? you don’t have to be persuasive to persuade. Here is an excerpt: Funny, but I wasn’t really trying to convince her of anything. We were women ta
Arbitration of Discrimination Claims: First Post-Pyett Case
By Victoria VanBuren - May 21, 2009
As reported this week by the Workplace Prof Blog, a U.S. District Court in Colorado has issued a decision involving arbitration of statutory claims within the context of a collective bargaining agreement. The case is Mathews v. Denver Newspaper Agency, LLP, 2009 WL 1231776 (D. Colo. 2009). Professor Richard Bales’ analysis of the decision is here: First Post-Pyett Case. Previous Coverage: U.S. Supreme Court Enforces Agreement to Arbitrate D
Judge Sonia Sotomayor on Arbitration
By Victoria VanBuren - May 20, 2009
[Ed. note: Obama nominated Sotomayor on May 26; see Hispanic National Bar Association Press Release] Ever since U.S. Supreme Court Justice David Souter revealed his plan to retire, speculation of possible President Barack Obama‘s picks to replace him has flooded the blogosphere. SCOTUSblog has been profiling the “shortlist” candidates with an analysis of their opinions that intersect the Supreme Court’s decisions. Here is
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