On December 10, 2015, the Oregon Supreme Court released an opinion in a case that required it, for the first time, to consider whether a client may assert a claim for legal malpractice relying upon factual allegations that reveal the substance of communications made in the course of, or immediately...
The Consumer Financial Protection Bureau is preparing to propose regulations addressing what it perceives as unfair and exploitative practices by organizations in their treatment of consumers. In its snappily-titled October 7, 2015 Outline of Proposals Under Consideration and Alternatives Considered, the Bureau tentatively proposed to: (1) bar class action waivers in...
The International Mediation Institute seeks participants in a brief survey (they claim it takes 7 minutes but heck, I'll even give them eight!). The Institute explains: IMI launches initiatives to promote worldwide growth of practical and sustainable conflict resolution systems. By completing the survey we can: Find out what matters most to you about...
I'm a consumer doing business with a company that can't seem to make up its mind what the right approach is to handling disputes with its customers. ...
The publication by the New York Times of a series of highly-critical front-page articles on arbitration of consumer and employment disputes has stirred the pot among practitioners, academics, and others with a stake in Alternative Dispute Resolution. The reportage was flawed, as some in our community were quick to point...
The American Arbitration Association has announced the establishment of the AAA-ICDR Foundation. This development is a welcome enlargement of the already pervasive and salutary role and influence of this esteemed institution and its international affiliate, the ICDR. In a recent press release, the AAA explains that the Foundation is a 501(c)(3) not-for-profit...
A colleague has brought to our attention the October 26, 2015 opinion of the Superior Court of New Jersey Appellate Division in Barr v. Bishop Rosen & Co., Inc., which affirmed the denial of a motion to arbitrate on the ground that the arbitration agreement gave an employee insufficient notice...