By the Securities Arbitration Commentator (“SAC”) (This work was originally published in the July 10, 2014 online edition of the Securities Arbitration Alert, and is republished here with some stylistic changes as a guest blog post with the permission of and our thanks to SAC’s founder and president Richard Ryder, whose firm also has…
Anthony Palazzo is an in-house litigation counsel for a private company in Durham, NC and regular contributor to the New Jersey Law Journal. On May 20, Palazzo wrote about the evolution of the lawyers’ place in society and the current effect on arbitration, saying: Perhaps more than any other professionals, attorneys have seen their place…
Last month, the online community (that’s pretty much the whole world, folks) was stunned by a ruling of the Court of Justice of the European Union (“EU COJ”), which held individuals had a right to request that Google remove data “that appear to be inadequate, irrelevant or no longer relevant, or excessive in relation to the purposes for which they were processed and in the light of the time that has elapsed.” The May 13th ruling quickly became known as the “Right to be forgotten” decision. Although the holding does not apply in the United States, and First Amendment issues would very likely dictate a different outcome here, the implications are potentially enormous.
Happy 40th, Rubik’s Cube: Solving the Litigation Puzzle Today marks the fortieth birthday of Rubik’s Cube, that maddening device that since 1974 has been defying solution. This reminded me that forty years ago people were searching in vain for a solution to the problems associated with litigation. Unlike Rubik’s Cube, arbitration – especially online arbitration…
In today’s fast-paced tech world, it’s critical to stay ahead of emerging trends from both product development and transactional administration. In an effort to compare traditional court litigation to increasingly popular methods of Alternative Dispute Resolution (ADR) in technology-related disputes, the World Intellectual Property Organization (WIPO) commissioned the International Survey On Dispute Resolution In Technology…
Ten Things about Litigation that Arbitration Critics Won’t Tell You by George H. Friedman* The recent uproar over General Mills’ decision to adopt and later retract a new policy by which consumers, by engaging in activities such as downloading a recipe, or participating in a contest, or “liking” the firm on Facebook, would unwittingly be…
What do A-Rod, the NLRB, and General Mills have in Common? The title of this post is not a riddle. On Jeopardy! it would be the correct response to “They evidently read George Friedman’s blog at Arbitration Resolution Services.” Three times in recent months, I have blogged about the above cast of characters, and urged…
Enough is Enough: Time to Eliminate the “Hidden Arbitration Clause Trick” “A day of reckoning is coming on predispute arbitration agreements in consumer arbitration. A dichotomy is developing between arms-length pre-dispute arbitration agreements and those imposed in an adhesion contract with consumers (and perhaps employees). This will be addressed in the next several years by…
A George Bailey “Hat Trick” – Et Tu, 9th Circuit? Several months ago in this blog I described a “hat trick,” which is a hockey term for when a player scores three (or more) goals in one game. For those who have somehow eluded ever seeing the holiday classic “It’s a wonderful Life,” the other…
Late last month in this blog, I wrote that the National Labor Relations Board (“NLRB”) was “cruisin’ for a bruisin’” on its arbitration policy. To review, and borrowing heavily from my own work, the NLRB had ruled previously in the D.R. Horton matter that a predispute arbitration agreement (“PDAA”) containing a class action waiver violated…