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Furniture Dealer’s Arbitration Clause Just Veneer, Judge Says in Bias Case
January 8, 2014
Conflicting wording in Raymour & Flanigan's employee handbook has led a federal judge to refuse to enforce a provision calling for arbitration of workplace disputes. Chief U.S. District Judge Jerome Simandle in Camden, N.J., found that despite the arbitration clause, the handbook also contained language disclaiming creation of any employment contract. In addition, the company had reserved the right to change the handbook contents at any time without notice, rendering any agreement "illusory,"...
January 8, 2014
Conflicting wording in Raymour & Flanigan's employee handbook has led a federal judge to refuse to enforce a provision calling for arbitration of workplace disputes. Chief U.S. District Judge Jerome Simandle in Camden, N.J., found that despite the arbitration clause, the handbook also contained language disclaiming creation of any employment contract. In addition, the company had reserved the right to change the handbook contents at any time without notice, rendering any agreement "illusory,"...
Waiting for a Better Smartwatch
January 7, 2014
What do you want from your smartwatch? That was a topic of discussion at Ars Technica just before the holidays hit, and readers weighed in on what exactly a smartwatch should feature. The general consensus is that today’s models just aren’t there yet. A long battery life and a smooth operating system aren’t enough for smartwatches to mainstream, according to Andrew Cunningham for Ars. “It might be that even if smartwatches improve (and they will), or if they pick up all of the features...
January 7, 2014
What do you want from your smartwatch? That was a topic of discussion at Ars Technica just before the holidays hit, and readers weighed in on what exactly a smartwatch should feature. The general consensus is that today’s models just aren’t there yet. A long battery life and a smooth operating system aren’t enough for smartwatches to mainstream, according to Andrew Cunningham for Ars. “It might be that even if smartwatches improve (and they will), or if they pick up all of the features...
The Power of Empathy
January 7, 2014
Why read about empathy when you can watch RSA Animate short clip below? For those are not aware of RSA Animate, think TED Talks but drawings or animations instead. The ones I have seen are good, really good. I frequently say during my trainings, workshops, and lectures that empathy is one of the most important words not only in conflict resolution but with life in general.
January 7, 2014
Why read about empathy when you can watch RSA Animate short clip below? For those are not aware of RSA Animate, think TED Talks but drawings or animations instead. The ones I have seen are good, really good. I frequently say during my trainings, workshops, and lectures that empathy is one of the most important words not only in conflict resolution but with life in general.
Two Sites Offer Platforms for Crowdsourced Legal Research
January 7, 2014
If two heads are better than one, then why should legal research be a solitary pursuit? What if you could put three or four or even dozens of heads to the task? If you could tap into a collective, collaborative research process, it seems fair to say, you could complete your work more quickly and be more confident of your conclusions. Enabling just that kind of crowdsourced legal research is the goal of two innovative websites. But they go at it from different directions. Casetext starts with...
January 7, 2014
If two heads are better than one, then why should legal research be a solitary pursuit? What if you could put three or four or even dozens of heads to the task? If you could tap into a collective, collaborative research process, it seems fair to say, you could complete your work more quickly and be more confident of your conclusions. Enabling just that kind of crowdsourced legal research is the goal of two innovative websites. But they go at it from different directions. Casetext starts with...
The Easiest Arbitration Agreement to Avoid May Be the One Between Attorney and Client
January 7, 2014
The First and Ninth Circuits recently issued opinions concerning the validity of state laws requiring “informed consent” to, or “full disclosure” of, arbitration clauses in attorney retainer agreements. Although the First Circuit found its way around the issue, the Ninth Circuit took it squarely on, holding that such requirements, at least as set forth by Washington state law, are not preempted by the FAA. In Bezio v. Draeger, __ F.3d __, No. 13-1910, 2013 WL 6570920 (1st Cir. Dec....
January 7, 2014
The First and Ninth Circuits recently issued opinions concerning the validity of state laws requiring “informed consent” to, or “full disclosure” of, arbitration clauses in attorney retainer agreements. Although the First Circuit found its way around the issue, the Ninth Circuit took it squarely on, holding that such requirements, at least as set forth by Washington state law, are not preempted by the FAA. In Bezio v. Draeger, __ F.3d __, No. 13-1910, 2013 WL 6570920 (1st Cir. Dec....
Notable AAA Arbitration Rule Revisions in 2013
January 7, 2014
As others are reflecting on notable events in the past year, I think about the American Arbitration Association’s 2013 revisions to its arbitration rules, and what those revisions mean to arbitration. First, effective October 1, the AAA’s revised Commercial Arbitration Rules make several important changes to the arbitration process. All of the changes are summarized on the AAA’s website, but a few notable ones include: R-9: All arbitration claims exceeding $75,000 must be mediated...
January 7, 2014
As others are reflecting on notable events in the past year, I think about the American Arbitration Association’s 2013 revisions to its arbitration rules, and what those revisions mean to arbitration. First, effective October 1, the AAA’s revised Commercial Arbitration Rules make several important changes to the arbitration process. All of the changes are summarized on the AAA’s website, but a few notable ones include: R-9: All arbitration claims exceeding $75,000 must be mediated...
No Need to Fear Profile Updates
January 6, 2014
During 2013, I spoke to thousands of lawyers across the United States, Canada and England about how to develop business using...
January 6, 2014
During 2013, I spoke to thousands of lawyers across the United States, Canada and England about how to develop business using...
Sternlight: Tide Turning a Bit on Mandatory Arbitration Through Recognition that Process Suppresses Claims?
January 6, 2014
These have been very bleak times for those, like me, who abhor mandatory arbitration because they think it disserves consumers, employees, and others. In case after case such as AT&T Mobility v. Concepcion (2011) and American Express v. Italian Colors Restaurant (2013) the Supreme Court has given companies free rein to use arbitration to eviscerate class actions and to protect these clauses from challenge. Meanwhile, the efforts of some to convince Congress to stop the horror by passing...
January 6, 2014
These have been very bleak times for those, like me, who abhor mandatory arbitration because they think it disserves consumers, employees, and others. In case after case such as AT&T Mobility v. Concepcion (2011) and American Express v. Italian Colors Restaurant (2013) the Supreme Court has given companies free rein to use arbitration to eviscerate class actions and to protect these clauses from challenge. Meanwhile, the efforts of some to convince Congress to stop the horror by passing...
Ninth Circuit Says Arbitration Agreements Cannot Restrict Grounds for Vacating Award
January 6, 2014
In the Hall Street decision in 2008, SCOTUS held that parties could not contractuallyenlarge Section 10 of the Federal Arbitration Act by agreeing that a court could vacate the arbitration award for reasons not found in that section. This week, the Ninth Circuit held that parties also cannot contractually restrict Section 10 by providing for “binding, non-appealable arbitration.” In re Wal-Mart Wage and Hour Employment Practices Litig., __ F.3d __, 2013 WL 6605350 (9th Cir. Dec....
January 6, 2014
In the Hall Street decision in 2008, SCOTUS held that parties could not contractuallyenlarge Section 10 of the Federal Arbitration Act by agreeing that a court could vacate the arbitration award for reasons not found in that section. This week, the Ninth Circuit held that parties also cannot contractually restrict Section 10 by providing for “binding, non-appealable arbitration.” In re Wal-Mart Wage and Hour Employment Practices Litig., __ F.3d __, 2013 WL 6605350 (9th Cir. Dec....
Disruption: Richard Susskind reviews ‘The Innovator’s Dilemma’
January 6, 2014
In 1999, Elizabeth Broderick phoned me from Sydney to say that I must read The Innovator's Dilemma by Harvard business professor Clayton Christensen. Broderick was a pioneer in legal technology (she is now Australia's Sex Discrimination Commissioner) and I always welcome her advice. These were heady days, of course. The Internet was burgeoning, the dotcom bubble had not yet burst, there seemed to be massive scope for new thinking in the law, and I was thirsty for insight. I was gripped by the book's...
January 6, 2014
In 1999, Elizabeth Broderick phoned me from Sydney to say that I must read The Innovator's Dilemma by Harvard business professor Clayton Christensen. Broderick was a pioneer in legal technology (she is now Australia's Sex Discrimination Commissioner) and I always welcome her advice. These were heady days, of course. The Internet was burgeoning, the dotcom bubble had not yet burst, there seemed to be massive scope for new thinking in the law, and I was thirsty for insight. I was gripped by the book's...
