Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Disclosure of ADR Affiliation
Los Angeles litigator William Ginsburg apparently thought it wouldn't be a problem to join an alternative dispute resolution (ADR) provider while it was conducting an arbitration for one of his medical malpractice clients. But California's Second District Court of Appeal saw it differently, establishing a bright-line rule on Jan. 22 when it held that a lawyer's membership in the ADR provider deciding his case must be disclosed to the other side. The decision appears to be the first to construe Standard 8 of the 2002 California Ethics Standards of Neutral Arbitrators in Contractual Arbitrations.
Because arbitrator Alan Haber failed to disclose Ginsburg's membership in his provider, ADR Services, a nine-day arbitration resulting in a favorable award for Ginsburg's client had to be vacated. “While that rule seems harsh, it is necessary to preserve the integrity of the arbitration process,” Justice Steven Perren wrote for a unanimous Second District panel in Gray v. Chiu, 2013 Cal. App. LEXIS 40 (2013).
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
Disconnect Between In-House and Outside Counsel
'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.