Recent ADR Publications

Arbitration (given in a July 2013 American Law Institute CLE program in Santa Fe, New Mexico).

Arbitration (given in a July 2015 American Law Institute CLE program in Santa Fe, New Mexico) (addresses issues different from those in my July 2013 paper).

Arbitration (given in a July 2015 American Law Institute CLE program in Santa Fe, New Mexico) (addresses issues different from those in my July 2013 and July 2015 papers).

Class Arbitration Questions (given in a March 2016 program in New Orleans of the Employment Rights and Responsibilities Committee of the American Bar Association Section of Labor and Employment Law).

Drafting Issues for Arbitration Agreements (given in a July 2014 American Law Institute CLE program in Santa Fe, New Mexico).

Hot Topics on Settlement (given in a July 2014 American Law Institute CLE program in Santa Fe, New Mexico).

Hot Topics on Settlement (given in a July 2015 American Law Institute CLE program in Santa Fe, New Mexico) (addresses issues different from those in my July 2014 paper).

Maximizing and Minimizing Damages (given in a July 2017 American Law Institute CLE program in Santa Fe, New Mexico).

Navigating the Evidence and Discovery Roadmap in Arbitration (given at a March 2016 American Arbitration Association webinar, with an updated version given in a July 2016 American Law Institute CLE program in Santa Fe, New Mexico).

Practical Questions About Background Checks, Criminal History, and Credit Checks (given in a July 2016 American Law Institute CLE program in Santa Fe, New Mexico).

Recurring Discovery and Evidence Problems in Employment Cases (225 pages) (given at the July 2017 American Law Institute CLE program in Santa Fe, New Mexico).

Proportionality and All That: Ten-Month Review of the Effects of the 2015 Amendments to the Federal Discovery Rules (given at a November 2016 conference of the American Bar Association’s Section of Labor and Employment Law, and updated for a December 2016 conference of the Maryland Employment Lawyers Association).  This includes my comparison of the December 2015 changes in Federal discovery rules to standard arbitration practices.

Plaintiffs’ Perspective on the Mediation of Class Actions, chapter in How ADR Works (Norman Brand, ed., Bloomberg BNA, 2002) ) (copyright by the American Bar association and not available here.) .

Trends in Employment Discrimination Law (given annually—including in 2016—to the Pennsylvania Bar Institute, the National Employment Lawyers Association, and the Arizona State Bar).