Karl Bayer's Disputing Blog

Guide for Negotiating an Electronic Health Record (EHR) Contract

By Holly Hayes - November 5, 2010

by Holly Hayes Physician News Digest posted a beginner’s guide to negotiating an Electronic Health Record (EHR) software license agreement. EHR contracts are similar to other software license agreements, but issues specific to health care, including provisions related to HIPAA and “meaningful use” provisions, need to be addressed. The guide focuses on five key areas of a software license agreement (SLA): User license Implementat

Article | ADR in Labor and Employment Law During the Past Quarter Century

By Beth Graham - November 3, 2010

An interesting article about alternative dispute resolution (ADR) in a labor and employment law context was recently published in the ABA Journal of Labor and Employment Law. In an article entitled “ADR in Labor and Employment Law During the Past Quarter Century,”25 ABA Journal of Labor & Employment Law 411 (Spring 2010), University of Michigan Professor Emeritus of Law Theodore J. St. Antoine discusses important decisions and developments si

Law Review Article | The Litigation-Arbitration Dichotomy Meets the Class Action

By Beth Graham - November 1, 2010

A forthcoming article entitled “The Litigation-Arbitration Dichotomy Meets the Class Action” by Vanderbilt Law Professor and Director of the Cecil D. Branstetter Litigation & Dispute Resolution Program Richard A. Nagareda makes some interesting and compelling arguments related to AT&T Mobility, LLC v. Concepcion, 09-893, a case set for argument before the U.S. Supreme Court on November 9th. The article examines two cases from

Communication Skills Key in Ambulatory Surgery Centers

By Holly Hayes - October 27, 2010

by Holly Hayes The Medical Group Management Association (MGMA) annual meeting is being held in New Orleans this week. Yesterday, Marshall Baker, CEO of Physician Advisory Services, Boise, Idaho, led a discussion about Ambulatory Surgery Centers (ASC) and the opportunities available to surgeons despite that accreditation requirements for ASCs are getting stricter. Communication is key to a successful ASC, Baker said, explaining that no one should

Collaborative Patient Care and ACOs

By Holly Hayes - October 22, 2010

by Holly Hayes In a message to all physicians posted on the American Medical News website this week, Ardis Dee Hoven, MD, chair of the American Medical Association (AMA) Board of Trustees said, “When physicians, hospitals, nurses, technicians, patient advocates and others collaborate, they can help prevent costly hospital admissions and keep patients from cycling between nursing homes and hospitals.” Her message, “Quality care follows

Article | Arbitration-Related Litigation in Texas

By Beth Graham - October 13, 2010

Mark Trachtenberg and Christina Crozier from the Houston office of Haynes & Boone, L.L.P. recently published an interesting and useful article entitled “Arbitration-Related Litigation in Texas,” (29 Corporate Counsel Rev. 1 (2010)). The article discusses the effect of governing law on arbitration-related litigation, pre-arbitration litigation and post-arbitration litigation in the State of Texas. Here is an excerpt: Congress intended for arbi

Law Review Article | Alternative Dispute Resolution

By Beth Graham - October 5, 2010

Will Pryor has once again written an annual survey of alternative dispute resolution (ADR) law in Texas for the SMU Law Review. This is the third year ADR was included in Law Review’s Annual Survey of Texas Law issue and also the third time Pryor has provided his expertise and insight. In “Alternative Dispute Resolution,” 63 SMU Law Review 275 (2010), Pryors’s article largely concerns developments in Texas arbitration law. He notes the shake-up c

Law Review Article | Mediation in Divorce Proceedings Involving Domestic Violence

By Beth Graham - September 28, 2010

A recent article in the Yale Journal of Law and Feminism entitled “Moving Out of the 1990s: An Argument for Updating Protocol on Divorce Mediation in Domestic Abuse Cases,” 22 Yale Journal of Law and Feminism 97 (2010), makes an interesting argument that many states need to reexamine policies banning or restricting mediation in divorce proceedings involving domestic violence. According to Mary Adkins, co-student director of the Yale D

Article | Less than Half of Miami-Dade County Homeowners Comply With Court Ordered Foreclosure Mediation

By Beth Graham - September 13, 2010

In January, the Florida Supreme Court ordered mediation on all home foreclosure cases. According to Miami Today, less than half of homeowners in Miami-Dade County have complied with state-mandated mediation since January. Miami-Dade County is one of three Florida counties that ran a managed mediation pilot program prior to the state-mandated mediation order. The Mortgage Foreclosure Mediation Program administered by the non-profit Collins Center

Texas Bar Journal Article: “What You Always Wanted to Know About Arbitration”

By Beth Graham - September 8, 2010

Texas Bar Journal September 2010 | Volume 73, 8 This issue features an interesting article entitled “What You Always Wanted to Know About Arbitration” written by Scott D. Marrs and Sean P. Milligan. The article seeks to answer five key arbitration questions recently decided by the courts: 1. Can the parties agree that an arbitration award is appealable? In Hall Street Associates, Inc. v. Mattel, Inc., No. 06-989, 552 U.S. 576 (2008), the U.S. Sup