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Previous examples include the nonprofit Arbitral Women formed in 2005 and dedicated to advancing the interests of female practitioners and arbitrators in the international arbitration community; the Equal Representation in Arbitration Pledge (ERA) launched in 2015 to narrow the gap between male and female arbitrators sitting in international arbitration proceedings; and Racial Equality for Arbitration Law (REAL), started in January 2021, aimed to increase both opportunities for underrepresented groups and racial and ethnic diversity in international arbitration. Emergency arbitration procedures allow parties to seek such relief from an arbitrator on an emergency basis before the tribunal has been constituted. In this issue, we focus on international arbitration. [Extracted from the article]

Given that most States do not have experience in investor-State mediation and may only have limited developed formal mediation processes for commercial disputes within their domestic legal systems, a significant amount of work would have to be undertaken in respect of investor-State mediation. The current study therefore explores the use of court-connected negotiation, mediation, and litigation in the Singapore Family Justice Courts. The findings show that a majority of mediators in both civil and family cases say that they themselves have the most influence on how the mediation begins, and many mediators say that they often or always begin the first mediation session in the same way throughout their mediation practice. [Extracted from the article]

While itmight lack some of the old Bermuda charm of the old PinkBeach, it sits at water's edge on the same pink beachesand aqua marine waters that graced the old place. Like many Bermuda resorts and hotels, it wasresplendent pink in the strong Bermuda sun with publicrooms clad in Bermuda cedar. His trial work has included bench and jury trials in thefollowing areas: patents (pharma, electrical engineeringand plasma physics); trade secrets; trademark; productsliability (aviation accidents; mechanical failures andtoxic torts); professional medical liability; insurancefraud and bad faith claims; governmental corruptionclaims; commercial disputes and personal injury cases. [Extracted from the article]

The article "Final Reflections: Key Milestones in Our Section's Journey" celebrates the history of mediation within the ABA Section of Dispute Resolution. It highlights significant milestones such as the creation of the Section in 1993, the launch of the Dispute Resolution Magazine in 1994, and the drafting of impactful policies like the ABA Code of Ethics for Arbitrators and the Model Standards of Conduct for Mediators. The Section's commitment to diversity, equity, and inclusion is evident through initiatives like Resolution 105 and the Diversity and WIDR committees. The article also mentions future events like the Practice Development Institute in September 2024, emphasizing the community's growth and success. [Extracted from the article]

In United States v. Manahe, a jury acquitted the four defendants of conspiring to enter a no-poach agreement and to fix wages for home health aides in violation of Section 1 of the Sherman Act. Manahe marked the third time the Department of Justice (DOJ) failed to secure a criminal conviction from a jury in a Section 1 no-poaching case. The DOJ’s only conviction in this arena involved a plea deal and a deferred prosecution agreement. Opening arguments have begun in United States v. Patel. There, the court is allowing the defendants to invoke the procompetitive benefits of the alleged agreement in certain limited arguments. [ABSTRACT FROM AUTHOR]

The article discusses the importance of specialized dispute resolution mechanisms in the aviation industry due to its complex nature and international reach. The Hague Court of Arbitration for Aviation (Hague CAA) was established in 2022 to address the need for industry-specific expertise in resolving aviation-related disputes efficiently. The Hague CAA offers arbitration and mediation services tailored to the aviation sector, with a focus on confidentiality, impartiality, and enforceability of awards. The article outlines the advantages of arbitration over litigation, the key features of the Hague CAA Arbitration Rules, and the support provided by the institution, emphasizing its role in promoting efficient and effective dispute resolution in the aviation industry. [Extracted from the article]

The annual finance issue of Law Practice focuses on the importance of finance for law firms and lawyers. Finance plays a crucial role in legal practice. This issue marks a full year of the move to an all-digital format for the magazine, which was driven by financial considerations and has resulted in budgetary benefits. [ABSTRACT FROM AUTHOR]

This article discusses two major initiatives that may impact the field of dispute resolution. The first initiative is the Singapore Convention on Mediated Settlement Agreements, which aims to make enforcement of international commercial settlements easier. Although the United States is one of the signatories, it has not yet ratified the treaty. The second initiative is a petition filed with the Consumer Financial Protection Bureau (CFPB) to require meaningful consumer consent regarding the use of arbitration in resolving disputes involving consumer financial products and services. The petition argues that consumers are often unaware of and not meaningfully consenting to pre-dispute arbitration clauses. Both initiatives have supporters and opponents, and it is important for those in the field of dispute resolution to closely monitor these developments. [Extracted from the article]

The article in TortSource features an interview with Chris Nolan, a lawyer who shares his journey from being inspired by his grandfather's community service to becoming a successful attorney specializing in transportation law. Nolan emphasizes the importance of involvement with the ABA for new lawyers, highlighting the leadership opportunities and networking benefits it offers. He also provides advice on career development, client relationships, and dealing with challenges in the legal profession. Nolan's future ambitions include enhancing professional development within the ABA's TIPS committees and focusing on themes like referrals and business generation. [Extracted from the article]

Maritime law is a specialized legal field that deals with federal admiralty procedure and activities related to navigable waters. It offers unique opportunities for small firms and solo lawyers to thrive, as there is a steady demand for maritime law expertise due to globalization of trade and transportation. Maritime law covers a broad range of activities and issues, including litigation, regulatory work, and transactional work. Small firms and solo lawyers can establish a unique identity in this field and attract clients with maritime business interests. The practice of maritime law offers diverse cases, global opportunities, accessible learning resources, collaboration opportunities, and industry demands, making it an attractive field for those seeking a fulfilling and prosperous legal career. [Extracted from the article]

Law Practice has nearly completed its first year as an online-only publication, overcoming challenges and focusing on accessibility. Law Practice continues to deliver in-depth, timely, and relevant information on law firm management, leadership, finance, marketing, and technology. [ABSTRACT FROM AUTHOR]

Law firm management presents unique challenges, likened to “herding cats” or “teaching pigs to dance,” and is a key focus area of the ABA's Law Practice Division. Law firm management entails overseeing a multitude of functions, including legal work, marketing, hiring, employee management, technology, client relations and vendor management. [ABSTRACT FROM AUTHOR]

Law Practice Division authors preview some of what is to be learned at ABA TECHSHOW 2024. Advances in AI technology have been prominent in the past year and are top of mind for lawyers. Lawyers must adapt quickly to AI advancements, balancing efficient use and preventing misuse. [ABSTRACT FROM AUTHOR]

This article discusses the tradition of Thanksgiving in the United States and its historical significance. It highlights various presidential proclamations throughout history that have emphasized gratitude and unity in times of adversity. The article acknowledges the current challenges facing the country, such as political turmoil and economic concerns, but emphasizes the resilience of American democracy and the importance of giving thanks for the blessings the country has received. The author encourages readers to reflect on the principles expressed in these proclamations and to come together in goodwill and unity on Thanksgiving Day and beyond. [Extracted from the article]

Everyone needs to have skills as a leader and a follower. The best leaders are adept at service and remain calm under pressure. This month’s issue focuses on skills and techniques to improve your leadershipstyle. [ABSTRACT FROM AUTHOR]

This case1, heard before the U.S. District Court for theDistrict of Columbia ("the court"), concerns theenforcement of an arbitral award against the Republic ofDjibouti in favor of Doraleh Container Terminal SA("DCT"), arising out of a dispute over the developmentand operation of a port. Djibouti sought to vacate the award, arguing that (i)the tribunal exceeded its authority (ii) the tribunalviolated Djibouti's due process rights and (iii) the awardwould be contrary to U.S. public policy if enforced. [Extracted from the article]

Lawyers can leverage various strengths for effective marketing, including technology proficiency, involvement in professional associations and individual networking. Despite technological advancements, the core objectives of marketing in law— building relationships and reputation—remain constant. This issue of LP offers diverse perspectives on marketing including insights applicable to lawyers across different practice areas and settings. [ABSTRACT FROM AUTHOR]

This article provides an overview of the current state of natural gas restrictions in the United States. Many local governments, particularly in California, have implemented restrictions or bans on the use of natural gas in new buildings to reduce greenhouse gas emissions and improve public health. However, half of the states have preempted these local ordinances, arguing for consumer choice and to minimize market disruptions. The legality of these restrictions is being challenged in court, with the Ninth Circuit U.S. Court of Appeals already overturning Berkeley's natural gas ban. The article also discusses the policy goals, costs, and legal perspectives of these restrictions, as well as potential antitrust implications. Arizona has become the first state to adopt a preemption ban. The analysis highlights the benefits and costs associated with natural gas restrictions, including their impact on greenhouse gas emissions and competition between natural gas and electricity. The article also explores the legal considerations and the recent ruling that Berkeley's restrictions were preempted by federal law. The issue is still evolving, with ongoing litigation and potential Supreme Court involvement. [Extracted from the article]

RESOURCES CAROLYN MORAN ZACK, FAMILY LAW ARBITRATION: PRACTICE, PROCEDURE, AND FORMS (ABA, 2020) Audrey J. Beeson, Arbitration: A Promising Avenue for Resolving Family Law Cases? Courts that hear family law disputes are often underfunded, understaffed, backlogged due to COVID-19, and lack judges with training about the unique aspects of family law, especially child custody. Child-Related Arbitration Although a few states have excluded child custody and support from the permissible scope of arbitration, others allow it as long as there is judicial review of the arbitration award to protect the child's best interests. As early as 1992, both the American Bar Association's Family Law Quarterly and the Family Advocate, as well as the American Academy of Matrimonial Lawyers (AAML) touted the benefits of family law arbitration. [Extracted from the article]

PASSENGER OBLIGATIONS REGARDING COVID-19PRACTICES AND PROTOCOLS Many cruise lines take the position that having purchased aticket and embarked, passengers have expressly agreed tocomply with guest COVID-19 (or other respiratory illness)practices and protocols. Health In November 2021, at the height of the COVID-19 pandemic, Ipublished a piece entitled, "The Reasons You Should ConsiderTravel Insurance", in Voice of Experience. CRUISE LINE COVID LIABILITY WAIVERS Virtually each of the cruise agreements, required to beexecuted by passengers as a condition to embark and sail,contained language waiving liability for a pandemic orepidemic. [Extracted from the article]

Overthe years Sally and I babysat for them, vacationed withthem, and have watched them both grow into theaccomplished young women you see below (Abby to the leftand Anna to the right). Abby, 14, graduated with honors from Maple Junior HighSchool and will follow her sister Anna's career atGlenbrook North High School this fall. TRAVEL Our Chicago Granddaughters and their 2023 Graduationsfrom Junior High School and High School My wife Sally and I traveled to Chicago during the firstweek of June for our beloved granddaughters' graduationsfrom Glenbrook North High School and Maple Junior HighSchool. [Extracted from the article]

The chief legal officer, the chief financial officer, and other senior officers join the chief executive officer as those with the senior-most responsibilities from the management side in ensuring that proper governance, oversight, and management are occurring. Continuous oversight and interpretation of cash flows by board and senior management are essential. Cash data can be much more understandable and give a clearer financial picture than an income statement. An analytical model shows when cash flow indicates a business operation is in the “crisis” zone and needs to be fixed or liquidated, when it is “underperforming” and needs improvement, and when it is “performing” and has an opportunity for investment and growth. Cash control activity involves managing the firm’s receipts and disbursements and monitoring the company-wide cash position. Good cash forecasts correctly recognize the amount and timing of inflows and outflows. Guidelines for reporting actual cash inflows and outflows must be realistic. [ABSTRACT FROM AUTHOR]

The article titled "The Lawyer As Mediator and Arbitrator... Featuring Ryan Abbott" is part of a series that aims to highlight the diverse roles lawyers can hold. The article focuses on Ryan Abbott, a mediator and arbitrator, and provides insights into his role and the field of alternative dispute resolution (ADR). Abbott explains that as a neutral, he helps parties resolve disputes through mediation or arbitration, which are often simpler, faster, cheaper, and more private than traditional litigation. The article also discusses the history of mediation and arbitration, the ease of entry into the field, the workload and pay scale, and offers advice for those interested in pursuing a career in ADR. [Extracted from the article]

The petitioner, Lac du Flambeau Band of Lake Superior Chippewa Indians, is a federally recognized Indian tribe that operates Lendgreen, which makes Internet payday loans. The respondent borrowed $1,100 and filed a Chapter 13 bankruptcy shortly thereafter. Asserting tribal sovereignty, and thus common-law immunity, the petitioner continued attempts to collect. The respondent sought an order to stop collection and damages. The bankruptcy court dismissed the enforcement proceeding for lack of subject matter jurisdiction and failure to state a claim. The First Circuit reversed on a direct appeal. [ABSTRACT FROM AUTHOR]

Further, the 2019 Hague Rules on Business and Human Rights Arbitration provide for arbitration of disputes related to the impact of business activities on human rights. Considering that the goal of arbitration is to achieve outcomes that will be recognized and enforced, applying some ESG-related rules in arbitration may seem imperative. This is worth noting because criticisms against investment arbitration procedures have the potential to spill over into commercial arbitration,[12] and improvements in investment arbitration procedures could lead to similar improvements in commercial arbitration. The idea of considering environmental, social, and corporate governance (ESG) criteria in corporate decision-making is not a soft-law concept irrelevant to arbitration. [Extracted from the article]

This article states that companies encounter legal challenges when digitizing physical assets, and it mentions the best practices for these issues such as educating clients, conducting detailed agreement reviews, and embracing the uncertainties of digitization. It explores the implications for copyright, fair use, U.S. First Amendment rights, and the application of art law in the digital world.

Given the ambiguity that the EPA and the courts have found in section 111 of the Clean Air Act, executive rather than legislative climate change governance runs the risk of continuing pendulum swings from one administration to the next. This is the fourth in a series of articles that we have written regarding the Obama administration's greenhouse gas emission rules for existing power plants-the Clean Power Plan-which the U.S. Environmental Protection Agency (EPA) issued in October 2015.[1] In our first article, Part One: The Clean Power Plan: Legal Challenges and Prospects, published in the Fall 2016 issue of Infrastructure, we analyzed the legal challenges to the plan.[2] In the second article, Part Two: The Clean Power Plan: Legal Challenges and Prospects, published in the Winter 2017 issue of Infrastructure, we analyzed the prospects of the plan in light of the election of President Donald J. Trump, including the possible legal paths available to the new administration (and its opponents) to roll back or preserve the Clean Power Plan.[3] In our third article, The ACE Rule and the Chevron Doctrine, published in the Fall 2021 issue of Infrastructure, we examined the challenge to the Trump administration's replacement of the Clean Power Plan with the Affordable Clean Energy (ACE) Rule at the U.S. Court of Appeals for the D.C. Circuit.[4] In our third article, we noted that there were four pending petitions for certiorari seeking review of the D.C. Circuit's opinion in American Lung Assn v. Environmental Protection Agency. [Extracted from the article]

Indeed, if the departing lawyerwants to play hardball, he cansimultaneously inform clients andthe firm of his departure: Under the Model Rules,departing lawyers need notwait to inform clients ofthe fact of their impendingdeparture, providedthat the firm is informedcontemporaneously. The Rule provides: (b) A lawyer may revealinformation relating to therepresentation of a client tothe extent the lawyer reasonablybelieves necessary: (7) to detect and resolveconflicts of interest arisingfrom the lawyer'schange of employmentor from changes in thecomposition or ownershipof a firm, but only ifthe revealed informationwould not compromisethe attorney-clientprivilege or otherwiseprejudice the client. But the requirement of neutrallyreminding clients of theirchoice of counsel is not requiredunder Model Rule 1.17 becauseit is not the sale of a firm, nor dothe Meehan-type requirementsapply because the attorney isnot leaving the firm. [Extracted from the article]

I would be remiss if I did not share his children'ssacrifice and love that I saw during David's last days.They were loving toward their mother and empathetictoward her grief and exhaustion caring for David. From thevery start, David's empathy for his fellow human beingswas front and center, and so was his tendency to speakhis mind something that shone through in his caring forhis patients later in his almost 50 years as a physician. THANKSGIVING David, my college roommate, lifelong physician, andpersonal friend, lost his brief but eventful battle withpancreatic cancer, leaving his family to grieve and misshim. [Extracted from the article]

Even though Dr. Hu was investigated as a spy, theindictment did not allege that Dr. Hu had stolen anytechnology from University of Tennessee, or anyoneelse. To counter the threat of Chinese malign economicaggression, prosecutors in the Criminal Divisionare aggressively investigating] Chinese individuals for theft of trade secrets. After observing a lack of clarity inthe restriction and how Dr. Hu, a nonattorney, wastrained on the compliance requirements, the courtconcluded that no rational jury could find beyond areasonable doubt that Dr. Hu knew that his summerjob was prohibited by NASA. Although two years of surveillance had establishedthat Dr. Hu was not a spy, the DOJ nonethelessprosecuted Dr. Hu based on evidence that, at most,proved that an egghead professor messed up somepaperwork he filed with his school. [Extracted from the article]

The court also rejected the plaintiffs' argument that the relevant geographic market for analyzing McDonald's market power was limited to only McDonald's-branded restaurants nationally. Lastly, the plaintiffs argued that employment by McDonald's constituted its own market, and therefore, the relevant market was the national market of McDonald's restaurants. [Extracted from the article]

The article discusses whether it is appropriate to import concepts from patent law into trade secret litigation, and mentions patent concepts useful in cases of trade secrets. Topics discussed include trade secret cases that involve issues of breach of contract while patent cases focus on infringement, impact of the Defend Trade Secrets Act, and issuance of patent by the U.S. Patent and Trademark Office (USPTO).

ARBITRATION Forced Remote Arbitration David Horton Cornell Law Review 108: 2-62 (2022) (forthcoming) Courts responded to COVID-19 by going remote. Editors' note: Recognizing that conflict resolution procedures are being developed and used in a wide variety of multidisciplinary settings, this Dispute Resolution Magazine regular feature showcases lessons to be learned from empirical studies of our broad field. If so, the study has potential implications for the structure and desirability of arbitration for labor disputes, as well as for other types of arbitration, including employment, consumer, and securities arbitrations. Police Arbitration Stephen Rushin Vanderbilt Law Review 74: 1023-1078 (May 2021) To better understand the use of arbitration in police disciplinary appeals and build on prior research, this article draws on a dataset of 624 arbitration awards issued between 2006 and 2020 from a diverse range of law enforcement agencies. [Extracted from the article]

The article focuses on how cases influence courts applying foreign law. Topics discussed include Under Federal Rule of Civil Procedure as court's determination of foreign law must be treated as a ruling on a question of law; civil conspiracy claim under the Racketeer Influenced and Corrupt Organizations (RICO) Act and cross-examination, the chief justice was shown documents explaining the context of the dispute.

Identifying the Core Value and Presenting It Every trial lawyer knows that one of the most critical tasks at trial is to connect with the jury. Whatever the value, counsel should go into the trial knowing what it is and weaving it into each stage of the trial, from jury selection all the way through the closing argument. [Extracted from the article]

1 FTC Proposes Rule to Ban Noncompete Clauses, Which HurtWorkers and Harm Competition, Federal Trade Commission,(5 January 2023). The recent U.S. Federal Trade Commission ("FTC")proposal to ban employers from imposing non-competitionclauses ("non-competes") on their workershas sparked lively debate. This article will attempt to briefly summarize theemployment landscape in each jurisdiction with respectto non-compete agreements, highlight some differencesbetween them, and in turn demonstrate the nuancesbetween the jurisdictions, and their reputations as pro-employeror pro-employee jurisdictions. [Extracted from the article]

The article discusses the case of a lawyer who used an AI (Artificial Intelligence) program called ChatGPT to draft a legal brief but included fabricated citations and quotes, leading to sanctions. It highlights the ethical considerations and responsibilities lawyers should be aware of when using AI for legal work, checking citations and legal content, and understanding court rules and ethical guidelines to ensure the proper use of AI in legal practice.

The article focuses on the term "Rocket Docket" used to describe the fast-paced litigation process in the United States District Court for the Eastern District of Virginia (EDVA). Topics include examines the EDVA prioritizes the speedy and inexpensive determination of every action while still ensuring justice and considered how the Rocket Docket works and how it achieves its goal of swift resolution of substantive legal issues.