Karl Bayer, Arbitrator, Mediator & Special Master

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California Governor Gavin Newsom has signed a law that prohibits employers in the state from requiring workers to sign a mandatory arbitration provision as a condition of employment.  AB 51 mandates that an “employer shall not threaten, retaliate or discriminate against, or terminate any applicant for employment or any employee because of the refusal to consent to the waiver of any right, forum, or procedure for a violation of the California Fair Employment and Housing…
Sinta Dewi, Padjadjaran University Faculty of Law, Robert Walters of Victoria University, Leon Trakman, University of New South Wales Faculty of Law, and Bruno Zeller, University of Western Australia Faculty of Law, have jointly published a timely journal article titled, “The Role of International Mediation in Data Protection and Privacy Law – Can It be Effective?” (2019) 30 Australian Dispute Resolution Journal 61; UNSW Law Research Paper No. 19-77.  In their…
A United States Magistrate Judge has reportedly recommended that retail giant Amazon’s motion to compel arbitration in a proposed class action lawsuit that was brought against the company over alleged children’s privacy violations be denied.  As discussed in another Disputing blog post: In the case, a group of parents filed a putative collective action complaint against Amazon in the Western District of Washington in Seattle over the company’s Alexa technology.  The parents claim…
The Supreme Court of Texas will not consider whether non-signatory assignees may be compelled to arbitrate their claims following an indemnity dispute.  According to another Disputing blog post: In Wagner Oil Co. v. Apache Corp., No. 19-0243, Texas-based Wagner Oil Company (“WOC”) purchased certain Louisiana oil and gas assets from Apache Corporation by executing a purchase and sale agreement (“PSA”).  The PSA was signed by Bryan Wagner on behalf of WOC.  The PSA included an arbitration provision that…
The Western District of Texas, San Antonio Division has ordered a proposed class-action Employee Retirement Income Security Act lawsuit to individual arbitration.  In Torres v. Greystar Management Services, LP, No. SA-19-CA-510-FB (HJB) (W. D. Texas, October 25, 2019), a Greystar employee who was also a Greystar 401(k) Plan (the “Plan”) participant filed a putative class-action lawsuit against Greystar over what she claimed were unusually high Plan administrative fees.  In response to the worker’s complaint,…
Brian Farkas, Adjunct Professor of Law at Cardozo School of Law, has published, “Contracting Jurisdiction: Arbitration of Noncompetition Disputes in Employment Agreements,” New York University Journal of Law and Business, Vol. 15, No. 3, 2019.  In his article, Professor Farkas discusses the intersection of noncompetition and arbitration clauses in the context of employment agreements. The abstract states: The law surrounding noncompetition agreements varies greatly among states. How broad can such an agreement…
The United States Court of Appeals for the Sixth Circuit has created a circuit split regarding whether 28 U.S.C. §1782(a) authorizes a federal court to order discovery in a private international arbitration proceeding.  In Abdul Latif Jameel Transportation Co. v. FedEx Corp., No. 19-5315 (6th Cir., September 19, 2019), a Saudi Arabia-based transportation company, Abdul Latif Jameel (“ALJ”), filed a Section 1782(a) discovery application related to a foreign commercial arbitration proceeding against United States-based…
Fordham University School of Law Professor Jacqueline M. Nolan-Haley has published, “Mediators in Arbitration,” Oxford Handbook of International Arbitration, Chapter 14, (Thomas Schultz and Federico Ortino Editors). Oxford University Press 2020, Forthcoming; Fordham Law Legal Studies Research Paper No. 3467670.  In her book chapter, Professor Nolan-Haley examines the role of mediation in today’s transnational dispute system with a special focus on the convergence of arbitration and mediation. Here is the abstract: This Chapter focuses on…
S.I. Strong, Manley O. Hudson Professor of Law at the University of Missouri School of Law, has published, “Legal Authorities and Comparative Law in International Commercial Arbitration: Best Practices versus Empirically Determined Actual Practices;” 1 Ius Comparatum __ (2020 Forthcoming); University of Missouri School of Law Legal Studies Research Paper No. 2019-18.  In her journal article, Professor Strong examines the intersection of international arbitration and comparative law. The abstract states: For years, comparative…
Retail giant Amazon has reportedly asked a Washington federal court to send a proposed class action lawsuit that was brought against the company in June to arbitration.  In the case, a group of parents filed a putative collective action complaint against Amazon in the Western District of Washington in Seattle over the company’s Alexa technology.  The parents claim the merchant violated the law in several states when Alexa-enabled devices recorded their children speaking in…