Author Archives: Robert Harris

In this article authored by Sonia Russo in JD Supra, she discusses a New York Supreme Court decision in 2004 Parker Family LP v. BDO USA LLP, in which she describes the issue thusly: “In bringing their motion to compel arbitration, defendants also relied on the Agreements, which contained an arbitration provision requiring any disputeContinue reading ““Commercial Division Holds Nonsignatories Are Bound By Agreement’s Arbitration Clause””

Jeff Kichaven has authored this article in Law 360, which begins: “The purpose of this article is to explain some reasons why mediators might decide not to promise people that their mediations are confidential. Someday, that promise will result in a mediator being on the wrong end of a serious malpractice case.”

In Stifel, Nicolaus & Co. v. Stern, a federal district court has been requested to vacate a FINRA arbitration award on the ground that an arbitration panel manifestly disregarded the law. The court, confronted with an award that did not state the panel’s reasons, has recognized that “because the panel did not provide an “explainedContinue reading “Federal Court Questions Appropriateness Of Having Arbitrator Articulate Reasons For Award”

The California Court of Appeal has issued a detail opinion in Aixtron, Inc. v. Veeco Instruments Inc., holding that neither the Federal Arbitration Act nor its California counterpart permitted an arbitrator to authorize a former employer arbitrating against a former employee to obtain third party discovery of the new employer’s computers in a search forContinue reading “California Appeals Court Precludes Third Party Discovery In Arbitration Matter”

John Lewis of BakerHostetler authored this article published by JD Supra, discussing the New Jersey Supreme Court’s opinions in Arafa v. Health Express Corp. and Colon v. Strategic Delivery Solutions, LLC, Nos. 083174 and 083154 (July 14, 2020).

JD Supra has published this article by Frederick A. Acomb at Miller Canfield.

The United States District Court (D. Nevada) has determined that claims brought by Tesla employee-whistleblower Karl Hansen are subject to arbitration. The court’s opinion in Hanson v. Musk can be found here.

“Information aggregator tool to offer paid-for insight into leading arbitrators.” in an article in The Global Legal Post, Ben Rigby describes a new initiative by Arbitrator Intelligence to gather information and report on the performance of international arbitrators.

A federal court in Kentucky dismissed employment claims brought against the company by a plaintiff who opted to forgo the arbitration program in which he agreed to pursue such claims. In Anderson v. Charter Communications, the court determined that dismissal–rather than a litigation stay–was appropriate under Sixth Circuit law since all the claims were beingContinue reading “Court Upholds Arbitration Agreement Even Though It Could Result In Plaintiff’s Claims Being Time-Barred”

The Fashion Law has posted this article discussing a New York trial court decision issued in Andowah Newton v. LVMH, 154178/2019 (N.Y. Sup.) holding that an employment arbitration provision is overridden by a New York statute “which prohibits the enforcement of “agreements that force victims of sexual harassment to arbitrate their claims.’” The court also rejectedContinue reading ““Forget Arbitration, LVMH Lawyer’s Sexual Harassment Case Against the Luxury Titan Must Remain in Court””