Category: ADR

Mediation Techniques

Mediation Techniques By Elizabeth Link. She is a San Francisco mediator who routinely uses all three mediation styles in her cases. Mediation falls into three distinct styles – facilitative, evaluative, and transformative-and a savvy mediator will be well trained in…

SOX Squelches Arbitration of Entangled Claim

In Laubenstein v. Conair Corp., No. 5:14-cv-05227 (W.D. Ark. Nov. 19, 2014), Plaintiff claimed retaliation under the Sarbanes-Oxley Act (“SOX”) and a state-law claim for wrongful termination. A recent amendment to SOX preempts the Federal Arbitration…By: Sherman & Howard L.L.C.…

Murphy Oil USA, Inc.: NLRB Holds on Class Action Arbitration Agreements – NLRB Reaffirms Its 2012 D.R. Horton Ruling Despite Strong Dissent and Adverse Courts of Appeals Decisions

The National Labor Relations Board (Board) in Murphy Oil USA, Inc. and Sheila M. Hobson (Murphy Oil) refused to back away from its controversial 2012 ruling in D.R. Horton, Inc. and Michael Cuda (D.R. Horton) finding class action waivers…By: Holland…