View my research on my SSRN Author page
http://ssrn.com/author=2492175

2018

February: Blog post, The Presidents and Arbitration: From Washington to Trump

2017

December: Blog post, Consumer and Employment Arbitration – Six Things to Look for in 2018

December: Blog post, A Final Report Card on My 2017 Arbitration Predictions: “Pretty, Pretty, Pretty, Pretty Good!”

November: Blog post, Richard, Here’s Another Nice Mess You’ve Gotten Us Into!

November: Blog post, Let’s Not Toss Out the Data-gathering Baby with the CFPB Arbitration Rule Bathwater

August: Feature article from the Securities Arbitration Commentator: Tempus Fugit - It’s Been Thirty Years Since McMahon was Decided

July: Independence Day and Arbitration – An Update

June: A Midyear Assessment of My 2017 Arbitration Predictions: Look, Mom. Straight “A” Grades So Far!

June: Arbitration in 2017 and Beyond: Making Arbitration Great Again (video podcast) and article.

May: Blog post, “SCOTUS’ Support for Arbitration Will Continue Unabated” – Really this Time 

May: Blog post, The “First Hundred Days” are in the Books: Much Ado in the Arbitration and Financial Worlds 

April: Blog post, Baseball Season is Here! You Can’t Tell the Anti-Arbitration Bills Without a Scorecard

March: Blog post, ARS can forecast that experts and arbitrators are ready for cloud-based ADR… And snow is on the way.

March: My guest analysis, They’re Baaack! Democrats Reintroduce a Flurry of Anti-Mandatory Arbitration Bills

February: Blog post, The Presidents and Arbitration: from Washington to Trump 

February: Blog post, Supreme Court Nominee Gorsuch Seems to be Pro-Arbitration!

January: Guest blog post, SCOTUS Hat Trick: Certiorari Granted in Three Cases Involving Class Action Waivers in Employment Arbitration Agreements

January: Blog post, Trump in Charge – What Does It Mean for Arbitration? 

2016

December: Blog post, Consumer and Employment Arbitration – Six Things to Look for in 2017

December: Blog post, My 2016 Arbitration Predictions Report Card: Batting .833 is Really Good! 

November: Blog post, The Election is Finally Over – What Does It Mean for Arbitration?

November: My blog post, Kentucky Ruling Against Arbitration Goes to US Supreme Court: Extendicare Homes, Inc. v. Whisman

November: My blog post, Mandatory Consumer Arbitration on the Eve of the Election

September: Feature article from the Securities Arbitration Commentator's Online Securities Litigation Alert: Seems like I May Be Right After All on One of My 2015 Predictions – Just a Little Late. Blog post on the same topic

July: Blog post, Independence Day and Arbitration – No, not the New Movie

June: Blog post, Explained Arbitration Awards and Goldilocks and the Three Bears – Is the Third Try Just Right?

May: Blog post, Chill Out: the CFPB can Bar Class Action Waivers if it wants to

May: Blog post, Fifth Circuit: Jurisdictional Amount in Controversy Judged by Claim Amount in Award Challenge

April: Blog post, Back to Fed Jur 101: Courts Remind us that the Federal Arbitration Act does not Confer Independent Basis for Federal Jurisdiction 

April: Blog postThe Mandatory Consumer Predispute Arbitration Agreement – Reports of its Demise May have been Greatly Exaggerated

March: Blog post, Mediation No Longer the Rodney Dangerfield of Dispute Resolution?

March: Blog post, FINRA’s Dispute Resolution Unit Outlines its 2016 Goals and Plans

February: Blog post, A New Congressional Attempt to Curb Arbitration Agreements: A More Focused Attack that’s also Doomed to Fail

February: Blog post, Arbitration - the Wave of the Future?

February: Blog post, The Presidents and Arbitration: from Washington to Obama - and Beyond. Republished here.

January: Blog post, Thoughts on the Great Blizzard of 2016… and Web-based Dispute Resolution.

2015

December: Blog post, Consumer Arbitration: Five Things to look for in 2016.

December: Blog post, My 2015 Arbitration Predictions: Batting .700 is Pretty Good!

December: Blog post, Giving Credit where Credit is Due: FINRA Improves Dispute Resolution Transparency

DecemberHow Do You Explain Mediation? Practical tips on how to approach the mediation process, published in California Lawyer (PDF version here)

November: Arbitration is at the Root of all Evil, According to the New York Times 

October: Surprise, Surprise! CFPB to Propose Arbitration Regs that Look Very Similar to FINRA’s Arbitration Program (and the Mets are in the Postseason)

September: “What’s Past Is Prologue” – What’s Ahead for Arbitration Filings in the Wake of the Market’s Recent Volatility

September: Back to School on "Deflategate" and arbitration 

September: Deflategate” – the Court has Ruled – Now What?

August: Investment Adviser Arbitration - what you need to know (video podcast) and article.

July: “Deflategate” – the Commissioner-Arbitrator Has Ruled – Now What?

July: Like Rodney Dangerfield, Commonwealth Coatings “Don’t Get No Respect” – and it Shouldn’t! - blog post and full article.

June: Upon Further Review…Mandatory Arbitration Relief is on the Way for Consumers

May: “Deflategate” – what’s next and what does Arbitration have to do with it?

May: NFL Commissioner Tackled as Arbitrator in Employment Dispute.

April: Fixing Mandatory Securities Arbitration: What Part about “Customer Choice” was Unclear?

AprilSCOTUS Grants Cert. in another Class Action Waiver Case: Now What?

March: The Proposed Arbitration Fairness Act: Still a Well-intended but Potentially Dangerous Overreaction to a Legitimate Concern

March: CFPB Issues Final Report on Arbitration, Telegraphing a Ban or Limits on Arbitration. Should SEC follow Suit?

MarchCFPB Likely to Issue Final Report on Arbitration to Congress next Week. Can SEC be Far Behind?

February: Whither or Wither FINRA Mediation? (video podcast)

January: California Courts Still Exploring Limits of FAA (Federal Arbitration Act) Preemption. Spoiler alert: it's not at all clear to me what SCOTUS will do if - when in my opinion - it takes on this issue. 

JanuarySunlight is said to be the Best of Disinfectants,” explaining my views and recent comments about transparency in securities arbitration.  It was just published in my blog at the Securities Arbitration Commentator.

January: Spring Training Starts Soon. Time to think about…Arbitration? Published in the Arbitration Resolution Services blog.

2014

December: On the First Day of Christmas/Chanukah/Kwanzaa, my True Love Gave to me…a New Form of ADRPublished in the Arbitration Resolution Services blog.

December: Cuba is Safe for ArbitrationTurns out the US and Cuba have lots in common, arbitration-wise. Published in the Arbitration Resolution Services blog.

December: My latest blog post, summarizing my recent Journal of American Law paper on ADR, technology & the future.  

December: Justin Bieber, Sunoco, and Arbitration: how are Possiblty Connected? Published in the Arbitration Resolution Services blog.

NovemberJust Like Thanksgiving and Black Friday: Five Truisms about Arbitration — That Aren’t True.  Published in the Arbitration Resolution Services blog.

November: The Elections are Over:  What it means for Consumer Arbitration.  Five things to look for in 2015. Published in the Arbitration Resolution Services blog.

November: What if the SEC Bans Predispute Arbitration Agreements? (video podcast)

October: Arbitration has this in Common with the Rolling Stones, published in the Arbitration Resolution Services blog. Arbitration Has This In Common With The Rolling Stones

October:  Technology, Alternative Dispute Resolution, and the Insurance Industry: the Future Has Arrived (Really this Time), published in the inaugural issue of the Journal of American Law (printable version here).

SeptemberState Supreme Courts Exploring Limits of FAA Preemption, published in the Securities Arbitration Commentator blog.

August: American Arbitration Association Creates Consumer Arbitration Clause Registration Requirement: A Reaction.published in the Securities Arbitration Commentator blog.

August: What’s a Regulator to do? Mandatory Consumer Arbitration, Dodd-Frank, and the Consumer Financial Protection Bureau in the American Bar Association Dispute Resolution Magazine. Web version here.

July: The Camel and the Last Straw or the Frog and the Boiling Water: Pick Your Parable, published Securities Arbitration Commentator.  Summary blogged here.

June: Hey Google.  We Don't Want to be Forgottenpublished Arbitration Resolution Services blog

May: Happy 40th, Rubik's Cube: Solving the Litigation Puzzle, published Arbitration Resolution Services blog

MayTen Things about Litigation that Arbitration Critics Won’t Tell You,  published Arbitration Resolution Services blog

AprilWhat do A-Rod, the NLRB, and General Mills have in Common? published Arbitration Resolution Services blog

AprilTime to Eliminate the “Hidden Arbitration Clause Trickpublished Arbitration Resolution Services blog

April: "Trust Me on this One - I'm from the Future!"  - Part II, published in the World Future Society blog

AprilA George Bailey “Hat Trick” - Et Tu, 9th Circuit?, published Arbitration Resolution Services blog

March: The Future from "Back to the Future II" is Here – Sort of, published in the World Future Society blog.

March: Maybe, Like A-Rod, the NLRB Reads this Blog, published Arbitration Resolution Services blog 

March: Puerto Rico Bond Arbitrations: Is Cloud-based ADR a Solution? published Arbitration Resolution Services blog

February: Confessions of an Accidental Futurist, published in the World Future Society blog

February: NLRB a Cruisin' for a Bruisin' on its Arbitration Policypublished in the Arbitration Resolution Services blog.

February:  Arbitration's"Personal Protector" Under the Federal Arbitration Act, published in the Arbitration Resolution Services blog. 

January:  A-Rod's Chances on Appeal:  Rock, Meet Hill, and The A-Rod Saga: Batting 1.000 So Far (See for Yourself)published in the Arbitration Resolution Services blog

January:  New YorkTrial Court to Parties (and Arbitrators): Settled Means Settledpublished in the Arbitration Resolution Services blog 

2013

December: California to Online Arbitration Clause Drafters: Be Really Clear About Proving Your Intentions, published in the Arbitration Resolution Services blog

November: Election Results are in: Parties, Representatives and Arbitrators are Ready for Cloud-based ADR,  published in the Arbitration Resolution Services blog

November: California Courts on FAA Preemption: Yes, but...." published in the Arbitration Resolution Services blog

November: American Arbitration Association webinar, ADR and Emerging Technologies

October: More Tech Issues Ahead for Affordable Care Act ("Obamacare"), published in the Arbitration Resolution Services blog

October: More Evidence that the Federal Arbitration Act Preemption War is Over,published in the Arbitration Resolution Services blog

September: "Road Trips" in Consumer Arbitration: There Must Be a Better Waypublished in the Arbitration Resolution Services, Inc. blog.

September:  Federal Courts on Frivolous Motions to Vacate Arbitration Awards: "I'm Mad as Hell, and I'm Not Going to Take this Anymore!" published in the Arbitration Resolution Services, Inc. blog

August: FAA (Federal Arbitration Act) Preemption "Hat Trick," published in the Arbitration Resolution Services, Inc. blog

August: Turns Out an Arbitrator's Duty to Disclose is Biblical in Naturepublished in the . blog

July: The Arbitration Fairness Act of 2013: a Well-intended but Potentially Dangerous Overreaction to a Legitimate Concern, published in the Securities Arbitration Commentator

July: See my response to a column critical of FINRA arbitration and the securities industry

May: Why Arbitration Resolution Services?  (video)

March: See my response to a column critical of arbitration

May: Defining Who is a Customer in FINRA Arbitration: Time to Clear Things Up!,published in the Securities Arbitration Commentator

2011

November: A Q&A with FINRA Executive Vice President George Friedman, published in the JAMS Dispute Resolution Alert

1978-2001

2001: The Level Playing Fieldpublished in the Securities Arbitration Commentator

1999Securities Arbitration:  Still Effective as the Millenium Dawns, published in the World Arbitration & Mediation Report

1997: Alternative Dispute Resolution and Emerging Online Technologies, published in the Hastings Communication & Entertainment Law Journal ($)

1996: An Information Superhighway "On Ramp" for Alternative Dispute Resolution,published with Robert Gelmanin the New York State Bar Journal

1996: Drafting Dispute Resolution Clauses in Complex Business Transactions, published with Howard Aibel in the Dispute Resolution Journal

1995A Due Process Protocol for Mediation and Arbitration of Statutory Disputes arising out of the Employment RelationshipReporter and Secretary

1993: The Role of Administered Arbitration, published in the New York Law Journal

1993: A Useful Tool for Evaluating Potential Mediators, published with Alan Silberman in the Negotiation Journal Vol. 9, Issue 4, pp 313-315 (October 1993).

1989: Arbitrator Selection under the Securities Arbitration Rules of the American Arbitration Association, published in the Securities Arbitration Commentator.

1988: Arbitrating your Case under the Securities Rules of the American Arbitration Association, published in the Dispute Resolution Journal - Vol. 43, No. 2 (1988)

1983: Rabbinical Arbitrationpublished in the New York Law Journal, 4/14/1983 p. 1

1981: Medical Malpractice Arbitration: Time for a Model Act, published in the Rutgers Law Review

1978Correcting Arbitrator Error: the Limited Scope of Judicial Review. Dispute Resolution Journal - Vol. 33, No. 4 (1978)