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Follow the Fortunes Applied to Allocation of Settlement Amount
April 12, 2013
In a dispute with reinsurers over coverage for the settlement of asbestos-related disputes valued at close to one billion dollars, in which the reinsurance contracts contained a follow the fortunes provision, the reinsurers challenged whether the doctrine applied to the cedent’s decisions in the allocation of the settlement amount, and, if applicable, it could be applied in a summary judgment context to the cedent’s allocation of the settlement. Modifying the decision of the lower court, the Court...
April 12, 2013
In a dispute with reinsurers over coverage for the settlement of asbestos-related disputes valued at close to one billion dollars, in which the reinsurance contracts contained a follow the fortunes provision, the reinsurers challenged whether the doctrine applied to the cedent’s decisions in the allocation of the settlement amount, and, if applicable, it could be applied in a summary judgment context to the cedent’s allocation of the settlement. Modifying the decision of the lower court, the Court...
El Paso Appeals Court Refuses to Compel Arbitration Where Employee Cannot Read English
April 12, 2013
The Texas Appeals Court in El Paso had denied an employer’s motion to compel arbitration in an employment dispute that...
April 12, 2013
The Texas Appeals Court in El Paso had denied an employer’s motion to compel arbitration in an employment dispute that...
5 Things To Know About Cognitive Systems and IBM Watson
April 12, 2013
Cognitive systems, such as IBM Watson, can transform how organizations think, act, and operate in the future. IBM CTO, Fellow, and Vice President Rob High is a key member of the IBM Watson Solution Leadership team. He's published an IBM Redbooks Solution Guide, Redpaper, and video that explains what cognitive systems are, and provides some fascinating behind the scenes information on how Watson works. Here are some of the highlights: 1. There's more data to understand than ever before 2....
April 12, 2013
Cognitive systems, such as IBM Watson, can transform how organizations think, act, and operate in the future. IBM CTO, Fellow, and Vice President Rob High is a key member of the IBM Watson Solution Leadership team. He's published an IBM Redbooks Solution Guide, Redpaper, and video that explains what cognitive systems are, and provides some fascinating behind the scenes information on how Watson works. Here are some of the highlights: 1. There's more data to understand than ever before 2....
Contributions To Arbitrator’s Judicial Campaign Are Not Enough To Establish “Evident Partiality”
April 12, 2013
The Third Circuit refused to vacate an arbitrator’s award, despite allegations that she failed to disclose contributions the defendant’s parent company had made to her judicial campaign and failed to disclose that she co-taught a seminar with in-house counsel for the defendant’s parent company. Freeman v. Pittsburgh Glass Works, LLC, __ F.3d __, 2013 WL 811884 (3d Cir. March 6, 2013). In short, the court concluded that these contacts were not enough to make a reasonable person...
April 12, 2013
The Third Circuit refused to vacate an arbitrator’s award, despite allegations that she failed to disclose contributions the defendant’s parent company had made to her judicial campaign and failed to disclose that she co-taught a seminar with in-house counsel for the defendant’s parent company. Freeman v. Pittsburgh Glass Works, LLC, __ F.3d __, 2013 WL 811884 (3d Cir. March 6, 2013). In short, the court concluded that these contacts were not enough to make a reasonable person...
New ADR Pledge
April 11, 2013
The concept of “ADR Pledge” has been known for at least last three decades. Most often it is a public statement in which those who sign it (corporations, law firms, governmental agencies etc.) declare to adopt a systemic approach to dispute resolution with more focus on mediation and ADR. In different forms ADR pledges have been promoted in many countries, including the United States, the United Kingdom, France or Singapore. From March 2013, a similar pledge is opened for signatures by business...
April 11, 2013
The concept of “ADR Pledge” has been known for at least last three decades. Most often it is a public statement in which those who sign it (corporations, law firms, governmental agencies etc.) declare to adopt a systemic approach to dispute resolution with more focus on mediation and ADR. In different forms ADR pledges have been promoted in many countries, including the United States, the United Kingdom, France or Singapore. From March 2013, a similar pledge is opened for signatures by business...
Mediation Matters in IP Matters
April 11, 2013
James E. McGuire, Esq., a JAMS neutral in Boston, has extensive experience in all aspects of ADR including mediation and arbitration, as well as serving as a special master and neutral evaluator. He can be reached atjmcguire@jamsadr.com. Effective March 2013, the United States joined most other countries to provide patent priority to the first inventor to file, rather than the first to invent. This is the latest change to U.S. patent law created by the Leahy-Smith America Invents Act (AIA). The impact...
April 11, 2013
James E. McGuire, Esq., a JAMS neutral in Boston, has extensive experience in all aspects of ADR including mediation and arbitration, as well as serving as a special master and neutral evaluator. He can be reached atjmcguire@jamsadr.com. Effective March 2013, the United States joined most other countries to provide patent priority to the first inventor to file, rather than the first to invent. This is the latest change to U.S. patent law created by the Leahy-Smith America Invents Act (AIA). The impact...
Study of Corporate Counsel Shows Arbitration Is Past Its “Tipping Point,” Usage Declining
April 11, 2013
A new article is out with more detail about how opinions among counsel for Fortune 1000 companies have changed over the last 15 years with respect to arbitration and mediation. (I posted initial info here last spring.) By comparing results of a 1997 survey of Fortune 1,000 corporate counsel with results of a 2011 survey of Fortune 1,000 corporate counsel, Professors Thomas Stipanowich and J. Ryan Lamare conclude that ”[b]inding arbitration … reached its tipping point: while some...
April 11, 2013
A new article is out with more detail about how opinions among counsel for Fortune 1000 companies have changed over the last 15 years with respect to arbitration and mediation. (I posted initial info here last spring.) By comparing results of a 1997 survey of Fortune 1,000 corporate counsel with results of a 2011 survey of Fortune 1,000 corporate counsel, Professors Thomas Stipanowich and J. Ryan Lamare conclude that ”[b]inding arbitration … reached its tipping point: while some...
Fifth Circuit Upholds Arbitrator’s Decision in Employment
April 11, 2013
The United States Fifth Circuit Court of Appeals has affirmed a lower court’s order to confirm an arbitrator’s decision in an employment dispute. In Haag v. Infrasource Services, Inc., No. 12-60159, (5th Cir. February 20, 2013), an employee, Fred Haag, was terminated from his position with Infrasource Services, Inc. for alleged gross misconduct. Following his termination, Haag filed a lawsuit in the Southern District of Mississippi and the company compelled the dispute to arbitration pursuant...
April 11, 2013
The United States Fifth Circuit Court of Appeals has affirmed a lower court’s order to confirm an arbitrator’s decision in an employment dispute. In Haag v. Infrasource Services, Inc., No. 12-60159, (5th Cir. February 20, 2013), an employee, Fred Haag, was terminated from his position with Infrasource Services, Inc. for alleged gross misconduct. Following his termination, Haag filed a lawsuit in the Southern District of Mississippi and the company compelled the dispute to arbitration pursuant...
Second Circuit Refuses to Vacate for Evident Partiality
April 11, 2013
In a summary order, the Second Circuit Court of Appeals affirmed the district court’s confirmation of an arbitration award issued in favor of NCG Network Asia and the denial of PAC Pacific Group International’s motion to vacate. The court found that the arbitrator had properly disclosed a prior business relationship that indirectly linked him with NCG Network Asia, nothing about the relationship would compel a reasonable person to believe that the arbitrator was partial, and that PAC Pacific...
April 11, 2013
In a summary order, the Second Circuit Court of Appeals affirmed the district court’s confirmation of an arbitration award issued in favor of NCG Network Asia and the denial of PAC Pacific Group International’s motion to vacate. The court found that the arbitrator had properly disclosed a prior business relationship that indirectly linked him with NCG Network Asia, nothing about the relationship would compel a reasonable person to believe that the arbitrator was partial, and that PAC Pacific...
SEC Considering Authority to Limit or Prohibit Pre-Dispute Arbitration Agreements
April 10, 2013
In the summer of 2010, President Barack Obama signed into law the “Dodd-Frank Act” (P.L. 111-203). Three sections of that act should be particularly important to those who provide or employ dispute resolution services. Section 921 grants the Securities and Exchange Commission the authority to limit or prohibit the use of pre-dispute arbitration agreements for securities disputes. Section 1028 requires the Consumer Financial Protection Bureau (CFPB) to conduct a study regarding pre-dispute...
April 10, 2013
In the summer of 2010, President Barack Obama signed into law the “Dodd-Frank Act” (P.L. 111-203). Three sections of that act should be particularly important to those who provide or employ dispute resolution services. Section 921 grants the Securities and Exchange Commission the authority to limit or prohibit the use of pre-dispute arbitration agreements for securities disputes. Section 1028 requires the Consumer Financial Protection Bureau (CFPB) to conduct a study regarding pre-dispute...
