The interplay of the separability doctrine and delegation clauses can create a bullseye that only Hawkeye, the OG Avenger with a bow, might have a prayer of hitting.  The Missouri Supreme Court provided a nice reminder about this problem in a recent case, State Ex Rel. Newberry v. Jackson, 2019 WL 2181859 (May 21,

If you’re in California or looking for a good reason to get to Malibu (like you need a good reason besides the fact that it’s Malibu), you should think about an upcoming dispute resolution conference on June 18-19 at the Straus Institute for Dispute Resolution at Pepperdine School of Law.

The conference, entitled Appreciating Our

Spring is just around the corner!  And with spring comes an outstanding conference that the ABA Section of Dispute Resolution will be presenting on April 10-13, 2019 at the Hyatt Regency in Minneapolis, Minnesota – see the conference flyer for a quick overview of the conference and a registration form.

The theme of the conference,

When Liz first told me that she was going to be our state’s new Solicitor General, I was overwhelmed, feeling a great wave of pure, abject panic.

Don’t get me wrong, Liz is going to be an outstanding Solicitor General, and Minnesota couldn’t be luckier to have her. In fact, I think hiring her for

As many of you know from LinkedIn or Twitter, I have accepted an exciting new position. I will be Minnesota’s Solicitor General starting next week.  Because I want to give my full attention to serving this great state, I need to step back from ArbitrationNation.

Thankfully, however, I have a wonderful replacement lined up.  My

The ABA Journal released its Web 100 awards recently, and I am happy to announce that ArbitrationNation is still in the Blawg Hall of Fame!  ArbitrationNation was inducted into the Hall of Fame last year, after multiple years on the Top 100 list, for being “consistently outstanding,” which is embarrassingly high praise.    There are

Lots of folks are writing about the long-term impact of SCOTUS’s recent decision in Epic Systems, but it is also important to note that there has been immediate, short-term impact.

For example, a lead plaintiff agreed to take her sex discrimination case against a law firm  to individual arbitration, abandoning her putative class action,