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...
A recent trip to Turkey included a delightful visit at the offices of leading Turkish law firm Hergüner Bilgen Özeke and several of its members, including H. Tolga Danisman. Tolga and I met in the most recent convening of the UIA World Mediation Forum, in Amsterdam, and it was a...
The Ninth Circuit Court of Appeals recently issued a writ of mandamus directing a district court to vacate an order disqualifying an arbitrator, while the arbitration was pending. Its succinct opinion in In re Sussex (No. 14-70158, January 27, 2015) serves as a clear lesson in the limitations of judicial...
As recently as 1995, the Supreme Court observed, in First Options of Chicago v. Kaplan, that arbitration was a creature of contract: "[A] party who has not agreed to arbitrate will normally have a right to a court's decision about the merits of its dispute." Yet what constitutes an agreement to...
The Ninth Circuit, and California courts in particular, have been very strict in maintaining the confidentiality and inadmissibility of statements made during mediation. Two recent cases have allowed such statements to be admitted, on interesting grounds. An Arizona District Court decision allowing mediation statements was affirmed by the Ninth Circuit...
The Unified Court System of the State of New York is considering a modification to its Rules that would require attorneys to include in their letters of engagement reference to the ADR options and resources available at the courts' web site. The proposal (available here) is subject to public comment until...