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Arbitration

Fifth Circuit Holds Diversity Jurisdiction Exists After FINRA Issues $10K Arbitration Award

By Beth Graham - April 21, 2016
The United States Court of Appeals for the Fifth Circuit has ruled that federal diversity jurisdiction existed after the Financial Industry Regulatory Authority (“FINRA”) issued a $10,000 arbitration award.

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Uber-Ized Corporate Law: Toward a 21st Century Corporate Governance for Crowdfunding and App-Based Investor Communications

By Beth Graham - April 18, 2016
J. W. Verret, Assistant Professor of Law at George Mason University School of Law, has published an interesting article entitled “Uber-Ized Corporate Law: Toward a 21st Century Corporate Governance for Crowdfunding and App-Based Investor Communications,” Journal of Corporation Law, Vol. 41, No. 4, pp. 101, 2016; George Mason Law & Economics Research Paper No. 16-14.

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Protecting Trade Secrets Under International Investment Law: What Secrets Investors Should Not Tell States

By Beth Graham - April 12, 2016
Daria Kim, Max Planck Institute for Intellectual Property and Competition Law Research Fellow (2012-2013) and the Chinese University of Hong Kong, Faculty of Law Research Associate (2013-2014), has published “Protecting Trade Secrets Under International Investment Law: What Secrets Investors Should Not Tell States,” John Marshall Review of Intellectual Property Law, Vol. 15 (2), 2016.

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Texas-Based Wind Energy Company Loses $600 Million NAFTA Claim Following Arbitration

By Beth Graham - April 11, 2016
A Texas-based renewable energy company has reportedly lost a North American Free Trade Agreement (“NAFTA”) claim filed against the Canadian government following arbitral proceedings.

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How the Supreme Court Used a Jedi Mind Trick To Turn Arbitration Law Upside Down

By Beth Graham - April 7, 2016
Imre S. Szalai, Judge John D. Wessel Distinguished Professor of Social Justice at the Loyola University New Orleans College of Law, has published “Directv, Inc. v. Imburgia: How the Supreme Court Used a Jedi Mind Trick To Turn Arbitration Law Upside Down,” 32 Ohio State Journal on Dispute Resolution, 1, 2016, Forthcoming.

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U.S. Department of Education Seeks to Constrain Use of Mandatory Arbitration Provisions by For-Profit Colleges

By Beth Graham - April 1, 2016
The United States Department of Education recently proposed to adopt measures designed to constrain the use of mandatory arbitration provisions by for-profit colleges that receive federal student aid.

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Using Guided Choice to Increase Satisfaction with the Value of Mediators

By Beth Graham - March 30, 2016
In general, Guided Choice is a series of strategies used to provide real measurable value to clients and influence the selection of both lawyers and mediators.

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Supreme Court of Texas Asked to Vacate Arbitrator’s $3M Legal Fees Award

By Beth Graham - March 28, 2016
The Texas Supreme Court is currently considering a petition for review in a unique case involving arbitration. Three years ago, a business filed a motion seeking to vacate an arbitral award of $3 million in legal fees issued to the company’s former law firm in Dallas County.

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Fifth Circuit Holds Class Arbitration is Issue for Arbitrator in Texas Employment Dispute

By Beth Graham - March 25, 2016
A Fifth Circuit Court of Appeals panel has held whether a group of workers may engage in class arbitration under the terms of a broadly worded arbitration agreement should be decided by an arbitrator.

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9th Circuit botches another arbitration case

By Beth Graham - March 24, 2016
Disputing would like to invite readers to check out Ross Runkel’s recent blog post entitled “9th Circuit botches another arbitration case.”

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About Disputing

Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.

To learn more about Karl and his team, or to schedule a mediation or arbitration with Karl’s live scheduling calendar, visit www.karlbayer.com.

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