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GLG News by Arbitration Experts: Lawyers (US)

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June 26, 2008
Apologies and Alternative Dispute Resolution
Analysis of: Doctors Say ‘I’m Sorry’ Before ‘See You in Court’ | www.nytimes.com
Author: GLG Expert Contributor
In addition to the ethical and educational benefits, the cost savings resulting from straight talk with patients and their families that avoids litigation can be extraordinary.  For health care institutions considering this approach -- as they should -- both the effectiveness and the savings may ...
May 23, 2008
Voodoo Economics and Wishful Thinking
Analysis of: A plan to reduce the price of oil 60% | www.silobreaker.com
Author: GLG Expert Contributor
As H.L. Mencken once wrote, "There is always an easy solution to every human problem—neat, plausible, and wrong."   Here, based upon a single, uncited study, the author argues that because a "1 percent change in the production of oil produces a 10 percent change in price," oil prices would...
May 16, 2008
Restricting Information Instead of Allocating Costs
Analysis of: Congress Passes Bill to Bar Bias Based on Genes | www.nytimes.com
Author: GLG Expert Contributor
The debate of uses of genetic information for insurance purposes unfortunately masks the underlying problem:  namely, the failure or inability of Congress to address the failure of the US health care system to allocate risks and costs based on rational policy choices, rather than based upon the...
May 15, 2008
Litigation and Accountability Under State, Rather the Federal, Securities Laws
Analysis of: Wave of Lawsuits Over Losses Could Hit a Wall | www.nytimes.com
Author: GLG Expert Contributor
In discounting  prospects for "winning in court" in litigation arising from losses in the mortgage market, the NYT unfortunately ignores a growing, and perhaps ultimately the primary, form of non-class action private securities litigation--litigation under state securities laws, which generally...
April 8, 2008
Class action limitiations are a hot topic - especially in arbitration
Analysis of: THE END OF CLASS-ACTION LAWSUITS? | redtape.msnbc.com
Author: GLG Expert Contributor
Depends on the jurisdiction. Many times the challenge is basaed on unconscionability. But don't count on it every place. It's a hot area that requires analysis by an attorney with a lot of experience. Comes up in credit card arbitration all the time. If there is any real interst in talking about the...
April 7, 2008
not so fast - class actions are here to stay
Analysis of: THE END OF CLASS-ACTION LAWSUITS? | redtape.msnbc.com
Author: GLG Expert Contributor
challenges to clauses that try to exculpate class action loability have been the subject of as lot of law suits and there is little agreement as to whether or not such a clause is unconscionable. This is an area that is constantly moving in all directions at once. Great care must be taken when trying...
November 27, 2007
Elimination of mandatory arbitration: Implications for an already challenged credit market
Analysis of: Non-Negotiable Mandatory Arbitration Clauses: From the Perspective of the Drafter | www.marrowlaw.com
Author: GLG Expert Contributor
Winding through Washington’s legislative maze is the “Arbitration Fairness Act of 2007.” (HR 3010 and S 1782). If enacted into law, this Act would revolutionize arbitration as we know it in the United States and that prospect poses an imminent threat to banking institutions, employers, any business...

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