Dispute Resolution Expert: Mediator, Arbitrator & Special Court Master in Austin, TX and Livingston, MT Austin,TX · http://www.karlbayer.com/blog
Karl Bayer is an ADR practitioner with almost thirty years of of experience in litigation, mediation, and arbitration. A long-time successful trial lawyer, Karl recognized early the opportunities which ADR provided to the world of litigation and began to explore the potential of his mediation practice. As he had already earned the respect and trust of both the plaintiffs' and the defense bars, he filled a niche in Austin as a mediator who is requested by both sides of most disputes. He has spoken extensively about ADR and technical topics, both at CLE presentations and as an adjunct professor at The University of Texas School of Law. Karl also serves frequently as a pre-trial special master in federal district courts in Texas. While this service is often in the capacity of a Markman Master in patent infringement cases, he also serves as a general pre-trial master assisting judges and litigants as they wade through discovery and other pretrial procedural disputes.
SCOTX Reconsiders its Own 2004 Decision Regarding Arbitrability - https://is.gd/8KI9sB
disputingblog.com On Friday, the Supreme Court of Texas overruled its 2004 decision in In re Wood on the issue of arbitrability.
Massachusetts Federal Court Orders Privacy Lawsuit to Individual Arbitration - https://is.gd/jZaQ48
disputingblog.com The United States District Court for the District of Massachusetts has granted a cable company’s motion to compel individual arbitration in a privacy case.
California Bans Mandatory Arbitration Agreements as a Condition of Employment - https://is.gd/Fl5ti0
disputingblog.com California Governor Gavin Newsom has signed a law that prohibits employers in the state from requiring workers to sign a mandatory arbitration provision as a condition of employment.
The Role of International Mediation in Data Protection and Privacy Law - https://is.gd/uha3Or
disputingblog.com Sinta Dewi, Padjadjaran University Faculty of Law, Robert Walters of Victoria University, Leon Trakman, University of New South Wales Faculty of Law, and Bruno Zeller, University of Western Australia Faculty of Law, have jointly published a timely journal article titled, “The Role of International...
Washington Magistrate Judge Recommends Amazon’s Motion to Compel Arbitration be Denied in Children’s Privacy Lawsuit - https://is.gd/MF7mqv
disputingblog.com A United States Magistrate Judge has reportedly recommended that retail giant Amazon’s motion to compel arbitration in a proposed class action lawsuit that was brought against the company over alleged children’s privacy violations be denied.
SCOTX Refuses to Weigh in on Oil & Gas Arbitration Dispute - https://is.gd/YhhyJe
disputingblog.com The Supreme Court of Texas will not consider whether non-signatory assignees may be compelled to arbitrate their claims following an indemnity dispute.
W. D. Texas, San Antonio Division Orders ERISA Lawsuit to Individual Arbitration - https://is.gd/m8vePO
disputingblog.com The Western District of Texas, San Antonio Division has ordered a proposed class-action Employee Retirement Income Security Act lawsuit to individual arbitration.
Contracting Jurisdiction: Arbitration of Noncompetition Disputes in Employment Agreements - https://is.gd/Dl4GcJ
disputingblog.com Brian Farkas, Adjunct Professor of Law at Cardozo School of Law, has published, “Contracting Jurisdiction: Arbitration of Noncompetition Disputes in Employment Agreements,” New York University Journal of Law and Business, Vol. 15, No. 3, 2019.
Sixth Circuit Creates Split on International Arbitration Discovery Question - https://is.gd/RN3luB
disputingblog.com The United States Court of Appeals for the Sixth Circuit has created a circuit split regarding whether 28 U.S.C. §1782(a) authorizes a federal court to order discovery in a private international arbitration proceeding.
Mediators in Arbitration - https://is.gd/JHMsj3
disputingblog.com Fordham University School of Law Professor Jacqueline M. Nolan-Haley has published, “Mediators in Arbitration,” Oxford Handbook of International Arbitration, Chapter 14, (Thomas Schultz and Federico Ortino Editors).
Legal Authorities and Comparative Law in International Commercial Arbitration - https://is.gd/6OGUWh
disputingblog.com S.I. Strong, Manley O. Hudson Professor of Law at the University of Missouri School of Law, has published, “Legal Authorities and Comparative Law in International Commercial Arbitration: Best Practices versus Empirically Determined Actual Practices;” 1 Ius Comparatum __ (2020 Forthcoming); Unive...
Amazon Asks Federal Court to Compel Arbitration in Alexa Children’s Privacy Lawsuit - https://is.gd/5e6xCL
disputingblog.com Retail giant Amazon has reportedly asked a Washington federal court to send a proposed class action lawsuit that was brought against the company in June to arbitration.
Pouring a Little Psychological Cold Water on ODR - https://is.gd/8fVKIE
disputingblog.com Jean R. Sternlight, Michael and Sonja Saltman Professor of Law at the University of Nevada, Las Vegas William S. Boyd School of Law, has published a journal article titled, “Pouring a Little Psychological Cold Water on ODR (Online Dispute Resolution),” Journal of Dispute Resolution, Forthcoming.
Fifth Circuit Holds Insurer Not Required to Fund Wage and Hour Arbitrations Due to Lack of Timely Notice - https://is.gd/DKlW5t
disputingblog.com A divided Fifth Circuit Court of Appeals has affirmed an Eastern District of Texas order stating an insurance company was not obligated to pay costs related to a staffing agency’s wage and hour arbitrations with numerous workers because the agency failed to provide the insurer with timely notice o...
Bargaining in the (Murky) Shadow of Arbitration - https://is.gd/HAjPRp
disputingblog.com Jill Gross, Associate Dean for Academic Affairs and Professor of Law at Pace University’s Elisabeth Haub School of Law, has published “Bargaining in the (Murky) Shadow of Arbitration,” Harvard Negotiation Law Review, Vol. 24, 2019.
Fifth Circuit Holds Class Arbitration is a Gateway Issue for the Courts to Decide - https://is.gd/zXFbN9
disputingblog.com The United States Court of Appeals for the Fifth Circuit has issued an opinion holding the issue of class arbitration is a gateway matter for the courts to decide.
Mind the Gap: Bringing Technology to the Mediation Table - https://is.gd/780bSa
CMS Issues Final Rule Allowing Pre-Dispute Nursing Home Arbitration Agreements - https://is.gd/XsSEhf
disputingblog.com The Centers for Medicare & Medicaid Services (“CMS”) has issued a final rule allowing the use of pre-dispute, binding arbitration agreements by nursing homes across the United States. The rule summary published in the Federal Register on July 18th states:
Does International Arbitration Enfeeble or Enhance Local Legal Institutions? - https://is.gd/e4Fvtc
disputingblog.com Catherine A. Rogers, Professor of Law at Penn State Law and Professor of Ethics, Regulation & the Rule of Law at Queen Mary, University of London, and Christopher R. Drahozal, John M. Rounds Professor of Law at the University of Kansas School of Law, have written “Does International Arbitration En...
SCOTUS to Consider Whether Non-Signatory May Compel Arbitration Under New York Convention - https://is.gd/YKKzNY
disputingblog.com The Supreme Court of the United States has agreed to resolve a circuit split regarding whether a non-signatory to an agreement to arbitrate may compel arbitration under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”) based on the doctrine ...
Fifth Circuit Overturns W.D. Texas Order Compelling Arbitration in FLSA Case - https://is.gd/QR1Hv1
disputingblog.com The nation’s Fifth Circuit Court of Appeals has reversed a Texas federal court’s order compelling an at-will employee to arbitrate a pay dispute with her employer.
Fifth Circuit Withdraws Prior Opinion in Case Involving Arbitration - https://is.gd/PxZnU1
disputingblog.com The United States Court of Appeals for the Fifth Circuit has withdrawn its earlier opinion following a second rehearing of a case involving arbitration.
Digital Accessibility and Disability Accommodations in Online Dispute Resolution: ODR for Everyone - https://is.gd/JVz0ni
disputingblog.com Professor David Allen Larson, Senior Fellow in the Dispute Resolution Institute and John H. Faricy Professorship in Empirical Research at Mitchell Hamline School of Law, has published a thoughtful journal article titled, “Digital Accessibility and Disability Accommodations in Online Dispute Resolu...
SCOTX Grants Petition For Review Over Local Government Arbitration Question - https://is.gd/bYMaqz
disputingblog.com On Friday, the Supreme Court of Texas agreed to consider whether the San Antonio River Authority must arbitrate a dispute related to the costs associated with a $10 million dam project.
Supreme Court of Guam Upholds Harris County, Texas Court's Order Confirming Arbitration Award - https://is.gd/UTlzth
disputingblog.com In a case of first impression, the Supreme Court of Guam has upheld a Texas court’s confirmation of an arbitration award that was issued against a Guam-based business.
Designing and Implementing a State Court ODR System: From Disappointment to Celebration - https://is.gd/DjCHJK
disputingblog.com Professor David Allen Larson, Senior Fellow in the Dispute Resolution Institute and John H. Faricy Professorship in Empirical Research at Mitchell | Hamline School of Law, has written “Designing and Implementing a State Court ODR System: From Disappointment to Celebration,” Journal of Dispute Re...
Based on Delegation Provision in AAA Consumer Rules, Missouri Appellate Court Orders Putative Class-Action Privacy Case to Arbitration - https://is.gd/4uQy9t
disputingblog.com A Missouri appellate court has ordered a proposed class-action lawsuit alleging Ancestry.com released customer health data to third parties without first obtaining consent to arbitration.
Fifth Circuit Holds International Arbitration Policy Preempts Contrary State Law - https://is.gd/u1IdjF
disputingblog.com The United States Court of Appeals for the Fifth Circuit has ruled the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “Convention”) preempts a state law that prohibits including an arbitration agreement in a property insurance contract despite that the insurance po...
Surprise Medical Billing Legislation Sent to Texas Governor for Signature - https://is.gd/LfkE5v
disputingblog.com A bill designed to protect Texas patients from incurring surprise out-of-network medical bills has been sent to Governor Abbott for signature.
Collective Redress Arbitration in the European Union - https://is.gd/msXJDE
disputingblog.com S.I. Strong, Manley O. Hudson Professor of Law at the University of Missouri School of Law, has written a book chapter titled “Collective Redress Arbitration in the European Union,” in International Arbitration and EU Law (Edward Elgar Publishing Ltd, anticipated 2020); University of Missouri Sc...
UNCITRAL Issues Report Related to Expedited Arbitration - https://is.gd/WKd8jy
disputingblog.com The United Nations Commission on International Trade Law ("UNCITRAL”), has issued its “Report of Working Group II (Dispute Settlement) on the work of its sixty-ninth session (New York, 4–8 February 2019).”
Chinese Universities Lead the World in AI-Related Patent Applications and Research Publications - https://is.gd/ogSWth
disputingblog.com In recent years, research into artificial intelligence (AI) has transformed multiple fields including visual perception and speech recognition. The International Data Corporation (IDC) estimates that worldwide spending on AI systems totaled $19.1 billion in 2018.
LA Court Overturns Arbitrator’s Punitive Damages Award Against Fox Entertainment - https://is.gd/DZijno
disputingblog.com A Los Angeles Superior Court judge has overturned an arbitrator’s $128 million punitive damages award that was issued against Fox Entertainment over a profit participation scheme involving its long-running television series “Bones,” while leaving a $50 million non-punitive damages award in pla...
Mandatory Arbitration and the Market for Reputation - https://is.gd/CSj4UG
disputingblog.com Dr. Roy Shapira, Stigler Center, University of Chicago Booth School of Business Fellow and Radzyner Law School, Interdisciplinary Center (IDC) faculty member, has published “Mandatory Arbitration and the Market for Reputation,” Boston University Law Review, Vol. 99 (forthcoming).
Everyone Can Be a Winner in Baseball Arbitration - https://is.gd/AVGYjR
disputingblog.com Edna Sussman and Erin Gleason have published a useful article titled “Everyone Can Be a Winner in Baseball Arbitration: History and Practical Guidance,” New York Dispute Resolution Lawyer Vol. 12, No.1 Spring 2019.
FTC Files First Case Challenging Fake Incentivized Product Reviews - https://is.gd/PkGX7z
disputingblog.com The Federal Trade Commission (FTC) has successfully brought its first case challenging fake paid product reviews, a banned practice called incentivized reviews, on an independent retail website.
SCOTUS Holds Class Arbitration Must be Explicitly Provided for in Agreement - https://is.gd/OgZcM6
disputingblog.com Yesterday, the Supreme Court of the United States issued a decision holding class arbitration is not permitted in situations where an agreement to arbitrate is silent on the issue.
SCOTUS Holds Class Arbitration Must be Explicitly Provided for in Employment Contracts - https://is.gd/l7v8IR
disputingblog.com Yesterday, the Supreme Court of the United States issued a decision holding class arbitration is not permitted in situations where an employer’s agreement to arbitrate is silent on the issue.
Expanding Access to Remedies Through E-Court Initiatives - https://is.gd/6YdBH5
disputingblog.com Amy J. Schmitz, Elwood L. Thomas Missouri Endowed Professor of Law at the University of Missouri School of Law, has published a timely article titled “Expanding Access to Remedies Through E-Court Initiatives,” 67 Buffalo Law Review 89 (2019); University of Missouri School of Law Legal Studies Re...
Fifth Circuit Orders Halliburton to Arbitrate Insurance Dispute Following Oil Rig Explosion - https://is.gd/Ir9FzJ
disputingblog.com The United States Court of Appeals for the Fifth Circuit has ruled an insurance dispute related to an oil rig explosion should be sent to arbitration. In Halliburton Energy Services, Inc. v. Ironshore Specialty Insurance Co., No. 17-20678 (April 17, 2019), Statoil USA Onshore Properties and Hallibur...
Toyota Offers Royalty-Free Access to Hybrid Vehicle Patents - https://is.gd/48LkQt
Employee Voice in Arbitration - https://is.gd/MtNEBR
disputingblog.com Ann C. Hodges, Professor of Law Emerita at the University of Richmond School of Law, has published “Employee Voice in Arbitration,” Employee Rights and Employment Policy Journal, Vol. 22, No. 2, 2018. In her scholarly paper, Professor Hodges proposes instituting a negotiation or bargaining requi...
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