This article originally published in the Daily Journal. It is published here with permission. You can view the original article here. The SEC now allows mandatory arbitration in IPOs, reshaping litigation risk for public issuers, raising governance and insurance questions, and making expert, well-structured arbitration crucial for fair, efficient resolution of securities disputes. The U.S. Securities… Read more »
This article originally published on NYLJ.com. It is published here with permission. You can view the original article here. Experienced lawyers are creatures of habit. They sometimes overlook that clients have the freedom at any time to design dispute resolution procedures that work best for them. If they didn’t pay attention to their dispute resolution… Read more »
This article originally published on https://www.law.com/. It is published here with permission. You can view the original article here. In complex disputes, mediators sometimes fall into the trap of rushing too quickly toward numbers—talking demands, offers, and bottom lines before the mediation has even had a chance to breathe. In my experience, that’s the fastest way to… Read more »
This essay originally published at the Democracy Project with NYU Law. It is published here with permission. You can view the original article here. In this essay for the Democracy Project, FedArb panelist David F. Levi looks back on his time mediating a dispute for the Waste Isolation Pilot Plant permit in New Mexico. He… Read more »
This article originally published in the New York Law Journal. It is published here with permission. You can view the original article here. Mediating every case requires digging into the case, active listening to the parties, good communication and sensitivity on the part of the mediator. But the billion-dollar case or even those involving multiple… Read more »
This article originally published in the New York Law Journal. It is published here with permission. You can view the original article here. When I began practicing securities litigation nearly 40 years ago, the landscape was vastly different. Accounting fraud dominated the headlines, plaintiffs’ firms were relatively few and far between, repeat plaintiffs were common,… Read more »
August 27, 2025 – FedArb is pleased to announce that Steven M. Greenspan, Esq. has joined its panel. Based in Connecticut, Mr. Greenspan specializes in Complex Litigation, Class Actions, Corporate Governance, Employment and Labor Law, Environmental and Regulatory, Product Liability and Toxic Tort Litigation and Securities disputes. Mr. Greenspan’s extensive experience in both the private… Read more »
This article originally published in the Legal Intelligencer. It is published here with permission. You can view the original article here. Artificial intelligence (AI) is becoming de rigueur in the legal community, with law firms and lawyers independently utilizing a variety of AI resources to streamline research, formulate documents and digest discovery, exhibits, depositions and… Read more »
July 23, 2025 – FedArb, a leading provider of ADR services and known for its elite panel of experts and former federal judges, is pleased to announce a significant ownership transition. Kennen D. Hagen, the company’s current CEO, will assume full ownership and control, as the company undergoes a strategic recapitalization. This move enables Mr…. Read more »
By John M. Delehanty Reaching a settlement in mediation is a big accomplishment—but it’s not the finish line. Ideally, once there’s a meeting of the minds, the parties should draft and sign a formal settlement agreement right away. But in reality, especially after long hours of negotiation, most parties and their counsel opt to draft… Read more »
Recently Judge Susan G. Braden, retired Chief Judge of the United States Court of Federal Claims and a FedArb panelist, met with the American Bar Association and the following delegation from the Gulf Cooperation Council (GCC) Commercial Arbitration Centre: Majed M Garoub, Chairman of the Advisory Committee; Dr. Kamal Al-Hamad, a Member of the… Read more »
Mass arbitrations are an important new way for customers to protect their legal rights. Unfortunately, arbitration was designed for individualized disputes—not mass actions involving thousands of nearly identical claims. Yet legacy ADR providers keep trying to force mass arbitrations into an individualized approach that it was never built to support. The result? Massive filing fees,… Read more »
A successful mediation requires sensitivity and attention to the needs of each side, but mediating executive or key employee disputes requires some specific considerations and alertness to sensitivities that merit discussion. It’s a Person’s Career After All! First, and foremost, we are dealing with a person’s career –the place where the person has spent a… Read more »
Arbitration is intended to be an expeditious, cost-effective, and streamlined way of resolving disputes. Parties can avoid the delays and expenses that come with resolving a dispute in a courtroom. Court dockets contain hundreds of cases with a single trial judge, who is contending on a daily basis with multiple motions, hearings, orders to show… Read more »
One of the great joys of my professional career is the 21 years that I spent as a Justice of the New York State Supreme Court Commercial Division. The work was challenging and required a great deal of creativity and effort and sometimes extraordinary patience, but the rewards were always beyond measure. It gave me… Read more »
It is a common refrain in mediations, “how about making a mediator’s proposal?” The answer frequently is “not yet” or “that’s not what I want to do.” What are the details behind the concept of a “mediator’s proposal” and when is it appropriate to be offered by the mediator and accepted by the parties? Mediation… Read more »
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