As a sports fan and a fan of arbitration, I have followed with interest the ongoing battles between the NFLPA and the NFL over the consequences of their unusual arbitration process. It is no surprise to those who follow arbitration that the Fifth Circuit, ruled today that the NFLPA’s attempt to circumvent the parties’ agreed … Continue reading A Win for Arbitration Process, A Loss for the Cowboys and Ezekiel Elliot
Twenty years ago, Pace Law School opened the first securities arbitration clinic in the country in which students, under faculty supervision, offer free representation to investors of modest means who have disputes with their securities brokerage firms and/or individual brokers that are required to be arbitrated. The Clinic (now known as the Pace Investor Rights … Continue reading Pace Investor Rights Clinic 20th Anniversary Celebration
As they say, if two people always agree, one of them is unnecessary. It may seem odd that I advocate for more disagreements in a blog named Indisputably. But that’s exactly what I’m doing. Actually, just more good disagreements. Dying Art of Disagreement This post riffs on a column by New York Times columnist Bret Stephens, … Continue reading In Praise of (Good) Disagreements
We are looking for a new Dean. Please see the job announcement: Texas A&M University invites nominations and applications for the position of Dean of the Texas A&M University School of Law. The desired appointment date is July 1, 2018. Texas A&M University is a tier‐one research institution and American Association of Universities member. As … Continue reading Texas A&M Law is Looking for a New Dean!
Although I am not an arbitration guy, even I generally know about the US Supreme Court’s bizarre interpretation of the Federal Arbitration Act to shut people out of court. Stanford Law Professor David Freeman Engstrom wrote a useful op-ed in the New York Times explaining why three cases argued in the Supreme Court today are … Continue reading Important Employment Arbitration Cases in the Supreme Court
From TFOI Jackie Nolan-Haley: Dear Colleagues, I am pleased to invite you to Fordham Law School’s annual ADR Symposium, “International Commercial Mediation: How Culture and Regulation are Affecting the Business and the Practice of Mediation” on November 16, 2017. You may also be interested in our international arbitration conference which will be held the following … Continue reading Fordham’s International Mediation and Arbitration Conferences
CPR’s Alternatives provides free access to a helpful analysis of the CFPB’s ban on the use of class action waivers in arbitration agreements and gives an update on where the regulation is (rejected by the House, not yet considered by the Senate). After reading the article, I am more optimistic that the rule may yet … Continue reading CPR Article Provides Useful Analysis of CFPB Ban on Class Action Waivers in Arbitration Agreements involving Consumer Financial Services Products
Two recent dispute resolution notes: First, many of you may have heard about Netflix’s amusing cease-and-desist letter to the pop-up bar in Chicago decorated with an unauthorized “Stranger Things” theme. (For those of you who haven’t watched the show, watch it!) The text of the letter: Danny and Doug, My walkie talkie is busted so … Continue reading Stranger Things