Karl Bayer's Disputing Blog

Managing Litigation: The Benefits of Early Intervention

By Karl Bayer - December 3, 2014

Disputing would like to congratulate our friend Paul M. Lurie, Partner at Schiff Hardin LLP, on his recent participation in a New York Law School CLE entitled, “Managing Litigation: The Benefits of Early Intervention.”

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.

American Airlines to Engage in Binding Arbitration With Flight Attendants

By Beth Graham - November 10, 2014

Fort Worth-based American Airlines will reportedly engage in binding arbitration with the company’s flight attendants next month.

One-Third of Online Retailers in the U.S. Now Require Consumer Arbitration or Restrict Class-Action Lawsuits

By Beth Graham - October 29, 2014

Online retailers in the United States are increasingly requiring consumers to arbitrate disputes through their terms-of-service rules. According to an article recently published in a New York Times blog, the Upshot, approximately one-third of the top 200 retail websites operating in the U.S. now uses clickwrap or browsewrap agreements to ban class action lawsuits or to require arbitration of consumer disputes.

ConocoPhillips Seeks ICC Arbitration Against Venezuelan State Oil Company

By Beth Graham - October 10, 2014

ConocoPhillips has reportedly filed for arbitration against the Venezuela state oil company, Petroleos de Venezuela (“PDVSA”). According to ConocoPhillips’ request to the International Chamber of Commerce (“ICC”), PDVSA failed to pay the company the contractual compensation owed to it over the Petrozuata and Hamaca heavy crude oil projects.

New AAA Consumer Arbitration Rules are Now in Effect

By Beth Graham - September 18, 2014

On September 1st, new American Arbitration Association (AAA) Consumer Arbitration Rules went into effect. The 55 new rules reportedly replaced the eight Consumer-Related Disputes Supplementary Procedures that previously applied to consumer arbitrations filed with the organization. The new rules apply to all arbitral cases filed after September 1, 2014.

Executive Order Prohibits Mandatory Arbitration of Federal Employment Discrimination and Sexual Harassment Claims

By Beth Graham - August 7, 2014

On July 31st, President Obama signed the “Fair Pay and Safe Workplaces” Executive Order. As part of the order, federal contractors are now forbidden from using mandatory pre-employment arbitration clauses for employment disputes related to sexual assault, harassment, or workplace discrimination violations.

FINRA Announces Arbitration Task Force Created to Address Criticism

By Beth Graham - July 29, 2014

The Financial Industry Regulatory Authority ("FINRA") recently announced the formation of a task force that will examine possible improvements to “the transparency, impartiality and efficiency of FINRA's securities arbitration forum for all participants.”

U.S. Proposes Convention to Enforce Mediated Settlements to UNCITRAL

By Beth Graham - July 20, 2014

Earlier this month, the United Nations Commission on International Trade Law (UNCITRAL) approved its draft UNCITRAL Convention on transparency in treaty-based investor-State arbitration at its 47th session in New York City.