ABA Journal

Alternative Dispute Resolution

408 ABA Journal Alternative Dispute Resolution articles.

Kavanaugh’s first Supreme Court opinion says courts have to respect parties’ decision on arbitration

Justice Brett M. Kavanaugh issued his first opinion for the U.S. Supreme Court on Tuesday. The unanimous opinion held that federal judges don’t have the authority to decide whether a dispute can be arbitrated when the contract gives the decision to the arbitrator.

CBS paid $9.5M to settle actress’s sexual harassment claim after company lawyer’s strategy backfired

CBS paid $9.5 million to settle a sexual harassment claim by Bull actress Eliza Dushku after a network lawyer released outtakes from the show in the mistaken belief that film…

Nonlawyer staff members at Kirkland no longer will be required to arbitrate workplace disputes

Kirkland & Ellis has once again announced an end to a policy requiring mandatory arbitration of workplace disputes.

In late November, Kirkland announced it would no longer require mandatory…

Judge on Trump’s Supreme Court short list proposes discovery ban for cases worth less than $500K

A judge who was on President Donald Trump’s Supreme Court short list had a surprising proposal to provide quicker federal trials during a Federalist Society panel last month.

Judge…

Can restorative justice bring healing in sexual misconduct cases?

Restorative justice for the accused or the accuser can be used in situations where all parties to an incident are not present, and it’s been done in situations involving both sexual assault and sexual harassment, Lorenn Walker says.

House of Delegates urges end to mandatory arbitration of sexual harassment claims

After a year in which sexual harassment in the workplace has taken center stage, the ABA House of Delegates voted to urge legal employers not to require mandatory arbitration of such claims.

Judge says narrow drafting dooms bid by Trump campaign to arbitrate bias suit

A narrowly drafted arbitration clause in a confidentiality agreement doesn’t require arbitration of a bias suit filed by a former Trump campaign staffer, according to a New York judge.

Judge…

Reforming law school: Start with the end in mind

Last month, I wrote here about some potential changes to legal training in the United States, based on my own experience and conversations within and outside both the industry and country. The response was overwhelmingly positive from those who understood that I am trying to improve our profession for lawyers and clients alike.

Uber and Lyft end mandatory arbitration for sexual assault claims

Uber and Lyft have ended forced arbitration for sexual assault cases brought by passengers, drivers and employees.

14 women accusing drivers of sex assault ask Uber board to be released from arbitration

Fourteen women sent a letter to the Uber’s board of directors Thursday requesting to be released from the arbitration provision in their consumer agreement to allow them to pursue a class-action lawsuit alleging Uber’s inadequate driver screening procedures led to the sexual assault, rape, sexual harassment and gender-motivated violence they experienced at the hands of their drivers.

Orrick follows Munger Tolles in dropping mandatory arbitration agreements: Will more firms follow?

If large law firms doing away with mandatory arbitration agreements for employees becomes a trend, plaintiffs may have the #MeToo movement and Twitter to thank.

Stormy Daniels could have to pay at least $20M in liquidated damages, Trump lawyer tells court

Stormy Daniels has violated a confidentiality agreement at least 20 times, requiring her to pay possible liquidated damages of at least $20 million, according to a court document filed on…

Alternative dispute resolution pioneer Frank E.A. Sander dies at 90

Frank E.A. Sander, a former Harvard law professor and a pioneer in the field of alternative dispute resolution has died at 90, according to an obituary at Harvard Law…

Give victims of workplace sexual harassment access to courts, 56 US attorneys general tell Congress

Victims of sexual harassment on the job should be allowed to evade “the impediment of arbitration requirements” in employment contracts, according to a letter signed by attorneys general of every…

Former Winston partner appeals decision sending her gender bias case to arbitration

A former Winston & Strawn partner is asking a California appeals court to vacate a judge’s order that sends her gender bias case against the firm to arbitration.

Constance Ramos’…

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