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Archive for the ‘General’ Category

Loree Reinsurance and Arbitration Law Forum and Four Other ADR Blogs Make Diane Levin’s “Top Five Tuesdays” List Of New ADR Blogs

July 19th, 2009 Commercial and Industry Arbitration and Mediation Group, General, Reinsurance Arbitration, Reinsurance Mediation No Comments »

Each Tuesday the National Arbitration Forum Blog features a “Top Five Tuesdays” guest-blog submission.  The guest-blogger submits a “Top Five” list on some topic pertinent to ADR. 

On July 14, 2009 the NAF Blog posted a “Top-Five Tuesdays” submission by master-blogger Diane Levin, entitled “5 New ADR Blogs to Add to Your Reading List.”  (Available here.)  Diane is, among other things, the blog master of the excellent and immensely popular ADR blog, Mediation Channel, and “unofficial taxonomist of the ADR blogosphere” at her popular worldwide blog directory,  ADRBlogs.com.   Noting that she “track[s] and catalog[s] bloggers world-wide who write about ADR, negotiation, and conflict resolution,” Diane said:     

It gives me the ability to introduce new and worthy ADR blogs to readers – like the following five blogs. I hope you enjoy them: 

 

  1. Loree Reinsurance and Arbitration Law Forum provides discussion and insights on reinsurance litigation and arbitration and is published by New York-based boutique commercial and industry arbitration firm Loree & Loree. This blog demonstrates quality writing on newsworthy topics that distinguish the top ADR blog; a recent example is “The AAA Commercial Rules and the Pig in a Poke: Gilbert Street Developers, LLC v. La Quinta Homes, LLC“.
  2. Business Conflict Blog provides perspectives on managing the business disputes that companies around the globe face, a focus reflected in posts such as “Contract Drafting for Dispute Management“, aimed for the transactional lawyer seeking to protect the value of the deal. This blog is written by F. Peter Phillips, a commercial arbitrator and mediator based in New Jersey.
  3. Mediation Matters is published by California lawyer and mediator Steve Mehta, who has translated his experience litigating and mediating complex cases into engaging posts that share his reflections on ADR practice, including this one on his experiences going green to conserve energy at his office.
  4. Cross Collaborate serves as a learning resource for all those involved in shaping or influencing governmental decisions, offering commentary on leading issues and innovative practices. It is published by John Folk-Williams, a practitioner and writer in the field of public policy collaboration and interest-based negotiation. His thoughtfulness as a practitioner is evident in posts like “Power Differences, Consensus Building & Collaborative Networks“.
  5. Disputing: Conversations about Dispute Resolution is a dependable source for news, updates and commentary on the law pertaining to arbitration, with a special focus on Texas demonstrated by posts such as “Texas HB 2256 Makes Possible a New Mediation Procedure for ‘Balance Billing‘”.

We thank Diane for having included us not only in her blog directory, ADRBlogs.com, but also in “5 New ADR Blogs to Add to Your Reading List.”  We also thank Diane for including our friends Karl Bayer, Victoria VanBuren and Holly Hayes at Disputing, and for featuring the other three excellent blogs listed above.   

For the benefit of readers who may not know Diane, she is a mediator, dispute resolution trainer, negotiation coach, writer, and lawyer based in Marblehead, Massachusetts.  She has instructed people from around the world in the art of negotiation and mediation.  Since 1995 she has assisted clients in resolving tort, employment, business, estate, family, and real property disputes, and has served on numerous mediation panels, including the United States Equal Employment Opportunity Commission (a/k/a “the EEOC”).  She has a passion for training and coaching and has taught thousands of people to resolve conflict, negotiate better, or become mediators – from Croatian judges to Fortune 500 executives.

Characterizing herself  — tongue in cheek — as “a geek at heart,” Diane also consults on web design and social media for professionals.  She writes about issues pertinent to ADR at the intersection of law, science and popular culture at Mediation Channel, which is regarded (deservedly so) as one of the world’s top ADR blogs.  She tracks and catalogues ADR blogs around the world at ADRblogs.com, where she has created a community for bloggers writing about alternative dispute resolution.  

Thanks again, Diane!

Upcoming ABA Mediation Teleconference Featuring Don Philbin and Katherine Billingham

July 1st, 2009 Commercial and Industry Arbitration and Mediation Group, General, Mediation, Reinsurance Mediation 1 Comment »

On July 14, 2009 LinkedIn Commercial and Industry Arbitration and Mediation Group co-manager Donald R. Philbin Jr., group member Katherine Billingham, and Randall Kiser from DecisionSet®, will be presenting at a one- hour live teleconference and webcast entitled  “Deal or No Deal: Improving the Odds of Successful Mediation.”  Randall’s article Lets Not Make a Deal: An Empirical Study of Decision Making in Unsuccessful Settlement Negotiations was featured in the New York Times. 

The program is sponsored by The American Bar Association Section of Litigation Alternative Dispute Resolutions Committee, Pretrial Practice & Discovery Committee, Trial Practice Committee, and Commercial & Business Litigation Committee and the ABA Center for Continuing Legal Education

As readers may know, Don is an arbitrator, mediator, negotiator, attorney, and business consultant, whose website is here.  In addition to his other work Don frequently writes and speaks on topics pertinent to ADR, and is an adjunct professor at Pepperdine University Law School’s prestigious Straus Institute for Dispute Resolution.  Katherine Billingham is an attorney, reinsurance consultant, an ARIAS-U.S. certified arbitrator and mediator, and principal of KB ReSolutions, Inc, whose website is here.  She also holds ADR certifications at the American Arbitration Association and the Reinsurance Association of America.  Randall Kiser is the principal analyst at DecisionSet®, a decision services company, whose website is here.  He designs quantitative models for DecisionSet® and works with attorneys, litigants, insurers, and advisors in assessing risks and evaluating litigation alternatives.   

Check out the coverage in Disputing, here, which features links to two of Don’s recent articles, including one published in the Harvard Negotiation Law Review.  Find out more about the event, and how to register, here.

The Commercial and Industry Arbitration and Mediation Group is Now 150 Members Strong!

June 24th, 2009 Commercial and Industry Arbitration and Mediation Group, General No Comments »

On May 21, 2009 Disputing and the Loree Reinsurance and Arbitration Law Forum announced the formation of a LinkedIn Commercial and Industry Arbitration and Mediation Group (post available here), an open forum for the discussion of industry and commercial ADR.  At that time the group was 29 members strong, and we are pleased to report that the group has since grown to 150 members.  Discussions have been lively, the group is internationally and professionally diverse, and group members have access to several ADR blogs, as well as articles posted by other group members.  It is an excellent networking and learning opportunity for anyone interested in commercial and industry ADR. 

We welcome new members.  Persons who should consider joining this group include arbitrators; mediators; in-house and outside counsel; law professors; dispute-resolution consultants; members of  ADR organizations; business entity representatives and principals whose day-to-day responsibilities include dispute resolution; law students and other students of commercial and industry ADR; and anyone else interested in the subject. 

If you are already a member of LinkedIn, please click here to apply for membership in the Group.  If you are not a LinkedIn member, click here, and you will be guided through the process of creating a profile (which does not have to be completed in one step).  Once your profile is started, and you have a log-in name and password, you can apply for membership in the Group (which entails no more than clicking on a button).  Joining LinkedIn is free, as is joining the group. 

We hope you’ll join us and participate!

Stern v. Bluestone: A Decision of Interest to All Attorneys Subject to Attorney Advertising Rules

June 23rd, 2009 General, Legal Ethics, New York Court of Appeals No Comments »

Introduction

Today we look at Stern v. Lavoott Bluestone, ___ N.Y. 2d ___, slip op. (June 11, 2009), a New York Court of Appeals decision that has nothing to do with either reinsurance or arbitration law.  Before you conclude that we’ve finally lost our marbles, let us explain:  The decision is of critical importance to all reinsurance and arbitration attorneys subject to attorney advertising restrictions — indeed, it is important to all attorneys subject to those restrictions.    The Court held that an attorney’s newsletter that was purely informational in content was not an “unsolicited advertisement” for the purposes of the Telephone Consumer Protection Act of 1991 (“TCPA”), 47 U.S.C. § 227, as added by Pub. L. 102-243, 105 U.S. Stat. 2394, which prohibits the dissemination of such advertisements by facsimile. Continue Reading »

LinkedIn’s Commercial and Industry Arbitration and Mediation Group is Now 100 Members Strong!

June 7th, 2009 Commercial and Industry Arbitration and Mediation Group, General No Comments »

On May 21, 2009 we announced the formation of a LinkedIn Commercial and Industry Arbitration and Mediation Group (post available here).  At that time the group was 29 members strong, and we are pleased to report that the group has since grown to 100 members.  There have been a number of interesting discussions, and group members have access to several ADR blogs, as well as articles posted by other group members.  It is an excellent networking and educational opportunity for anyone interested in commercial and industry ADR. 

We welcome new members.  Persons who should consider joining this group include arbitrators; mediators; in-house and outside counsel; law professors; dispute-resolution consultants; members of  ADR organizations; business entity representatives and principals whose day-to-day responsibilities include dispute resolution; and law students and other students of commercial and industry ADR. 

If you are already a member of LinkedIn, please click here to apply for membership in the Group.  If you are not a LinkedIn member, click here, and you will be guided through the process of creating a profile (which does not have to be completed in one step).  Once your profile is started, and you have a log-in name and password, you can apply for membership in the Group.  Joining LinkedIn is free, as is joining the group. 

We hope you’ll join us and participate in the discussions!

LinkedIn Commercial and Industry Arbitration and Mediation Group Follow-Up Post

May 29th, 2009 Commercial and Industry Arbitration and Mediation Group, General 1 Comment »

On May 21, 2009 we announced the formation of a LinkedIn Commercial and Industry Arbitration and Mediation Group (post available here).  At that time the group was 29 members strong, and we are pleased to report that the group has since grown to 65 members.  There have been a number of interesting discussions, and group members have access to several ADR blogs, as well as articles posted by other group members.  It is an excellent networking and educational opportunity for anyone interested in commercial and industry ADR. 

We welcome new members.  Persons who should consider joining this group include arbitrators; mediators; in-house and outside counsel; law professors; dispute-resolution consultants; members of  ADR organizations; business entity representatives and principals whose day-to-day responsibilities include dispute resolution; and law students and other students of commercial and industry ADR. 

If you are already a member of LinkedIn, please click here to apply for membership in the Group.  If you are not a LinkedIn member, click here, and you will be guided through the process of creating a profile (which does not have to be completed in one step).  Once your profile is started, and you have a log-in name and password, you can apply for membership in the Group.  Joining LinkedIn is free, as is joining the group. 

We hope you’ll join us and participate in the discussions!

Disputing and The Forum Have Formed a Commercial and Industry Arbitration and Mediation Group on LinkedIn!

May 21st, 2009 General 10 Comments »

On May 19, 2009 Victoria VanBuren, blog master of Disputing, I, and others formed a LinkedIn Group called the Commercial and Industry Arbitration and Mediation Group.  The group is a forum for the discussion of issues and the sharing of information concerning commercial and industry arbitration, mediation and other forms of alternative dispute resolution.  Participation in the Group is an excellent networking and educational opportunity.  As of the time this was posted, the group has 29 members with diverse backgrounds, all of whom are interested in commercial and industry ADR. 

Victoria VanBuren — a talented young ADR and intellectual property attorney, Forum guest blogger, and computer science student  — and I are principally responsible for the day-to-day management of the group.  Victoria’s CV is here.  We have also enlisted the support of the following experienced and talented ADR professionals who also act as Group Managers:   

Don Philbin – Don is a Panelist and Shareholder at Conflict Solutions of Texas, and an adjunct professor at Pepperdine University School of Law’s prestigious Straus Institute on Dispute Resolution. Victoria introduced me to Don recently and I have found that he not only is a pleasure to work with, but also has a wonderful sense of humor. We are quite honored to have someone of Don’s caliber participate as a Group Manager.  Learn more about him here

Karl Bayer – Karl is a skilled trial lawyer and Dispute Resolution Expert and is the principal of Karl Bayer Dispute Resolution.  Karl has been a great mentor and role model for Victoria and has an excellent practice. You can learn more about Karl and his practice here.  We are all looking forward to Karl’s active participation in the group after he finishes up with a rather grueling, two-month long trial. 

Robert Bear – Robert (CV here) is the owner of RAB Actuarial Solutions, where he offers his services as a consulting actuary, reinsurance consultant and insurance and reinsurance arbitrator. Before forming RAB, Robert was a Senior Vice President and Chief Actuary at PXRE Group Ltd. Robert brings a lot of experience to bear, including experience in the actuarial field, which is relevant to both insurance and reinsurance dispute resolution.  Indeed, panels of actuaries like Robert are sometimes called upon to resolve actuarial disputes pursuant to commutation clauses in reinsurance contracts, and individual actuaries also serve as members of regular reinsurance arbitration panels resolving less arcane reinsurance disputes.  Once you think you really understand the reinsurance business, go talk to an actuary!

Commercial and industry ADR is a broad topic and covers the spectrum from arbitrations and mediations arising out of general, commercial contracts through more specialized forms of dispute resolution used by various industries, including the reinsurance, maritime, telecommunications, securities, financial services, construction industries and others.  We also consider labor and employment arbitration and mediation to be within this spectrum. 

Topics of group discussion may include, but are not limited to, practice and procedure under the Federal Arbitration Act, the New York Convention, the Panama Convention and state arbitration statutes; recent state and federal case law and legislative developments, including the Arbitration Fairness Act of 2009 and other proposed anti-arbitration legislation; news and events pertinent to commercial and industry ADR; international commercial and industry arbitration; the mediation and arbitration process; class arbitration; domestic and international arbitration and mediation organizations and societies and their rules; arbitration and mediation strategies for parties, arbitrators and mediators; industry-specific arbitration practices and procedures; labor arbitration; employment arbitration and mediation; arbitration and mediation technology; proposals for improvement of the process; arbitrator and mediator ethics; confidentiality; and other issues pertinent to commercial and industry ADR. 

Persons who should consider joining this group include arbitrators; mediators; in-house and outside counsel; law professors; dispute-resolution consultants; members of  ADR organizations; business entity representatives and principals whose day-to-day responsibilities include dispute resolution; and law students and other students of commercial and industry ADR.  The purpose of the group is information sharing and professional networking, not job searching or marketing.  Job postings, if any, should be listed in the Jobs Section (as opposed to the Discussion Section). 

If you are already a member of LinkedIn, please click here to apply for membership in the Group.  If you are not a LinkedIn member, click here, and you will be guided through the process of creating a profile (which does not have to be completed in one step).  Once your profile is started, and you have a log-in name and password, you can apply for membership in the Group.  Joining LinkedIn is free, as is joining the group. 

We hope you’ll join us and participate in the discussions! 

[Editor's note:  For a good book on using LinkedIn as a networking tool, read Jan Vermeiren, How to Really Use LinkedIn (Booksurge 2009).  There are also a number of other books on the subject available at Amazon.com or your local bookstore.]

Introducing Loree Reinsurance and Arbitration Law Forum Guest Blogger Peter A. Scarpato, Esq.

May 14th, 2009 General, Guest Posts, Mediation, Reinsurance Mediation 2 Comments »

This week we are delighted and honored to feature Peter A. Scarpato, Esq. as a guest blogger on the Forum.  I have known Peter since 1990, when he was the General Counsel of American Centennial Insurance Company in run-off, and I was an associate at Miller, Singer, Raives & Brandes, P.C.   We have stayed in touch over the years and have worked together on matters where Peter was the key client contact, both at American Centennial, and later, at the American International Group. 

Currently the President of Conflict Resolved, LLC, Peter is a full-time ADR professional who has extensive experience as an arbitrator, umpire, counsel, mediator and negotiator in hundreds of reinsurance and other commercial disputes, settlements and commutations.  He is a run-off specialist for all forms of property and casualty insurance and reinsurance; warranty; surety; and various types of program business.  He is an ARIAS-U.S. certified arbitrator and mediator who also holds ADR certifications or positions for FINRA Dispute Resolution (formerly the National Association of Securities Dealers (NASD));  Executive Mediator Services; Reinsurance Association of America (RAA); Construction Dispute Resolution Services LLC; the United States District Court for the Eastern District of New York; New York State Supreme Court – Commercial Division; and Case Closure, LLCContinue Reading »

Update: Another Way to Subscribe to the Loree Reinsurance and Arbitration Law Forum

May 3rd, 2009 Feed, General, Subscribe No Comments »

Further to our post of earlier today, here is yet another way to subscribe to the Forum.  The following steps allow you to subscribe to our feed through the Favorites section of your Internet Explorer (“IE”) browser.  Whether or not they will work for other browsers is beyond my ken: 

  1. Click on this link:  http://feeds2.feedburner.com/Loreelawfirmcom
  2. When the feed page appears, click on View Feed XML
  3. When the new feed page appears, click on Subscribe to this feed

You should now be able to access the feed by clicking on the star-shaped icon at the left side of one of your IE toolbars and selecting Feeds.

Good luck!

How to Subscribe to the Loree Reinsurance and Arbitration Law Forum

May 3rd, 2009 Feed, General, Subscribe No Comments »

If you are interested in viewing the Forum via a Real Simple Syndication (“RSS”) feed, subscribing is very easy (and, of course, free).  Click on the following link:  http://feeds2.feedburner.com/Loreelawfirmcom.   You’ll see a feed page and can subscribe through Google or another reader service through the links provided on that page. 

Outlook 2007 has a very useful feature that allows you to receive e mails containing our posts and those of other blogs.   First, copy the feed URL (http://feeds2.feedburner.com/Loreelawfirmcom), and in Outlook go to Tools –> Account Settings –> RSS Feeds –> New.  Hit the Control key (Ctrl) together with the letter v (i.e., Ctrl-v) and the URL will be pasted in the space provided in the pop-up window.  Click OK and you’ll see an RSS Feed Options window.  Click OK and you will receive e mails containing several of our prior posts and new e mails as new items are posted.   

Good luck!



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