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Charles F Forer

Charles F Forer

July 27, 2020 | The Legal Intelligencer

Seeking Summary Judgment in an Arbitration Proceeding

Months and sometimes years before a dispute has arisen, the drafter of an arbitration agreement must consider whether it will be beneficial for his or her client to allow for summary dispositions.

By Charles F. Forer

7 minute read

May 15, 2020 | The Legal Intelligencer

Saying the Right Things Ensures Enforceability of an Arbitration Agreement

Bob's client, Albert, had honored his dear mother by getting her admitted into a nursing home after the hospital had treated and discharged her. The hospital gave specific instructions: "Do not take mom home. Take her immediately to a nursing home for further care."

By Charles F. Forer

7 minute read

March 19, 2020 | The Legal Intelligencer

Sign-Up Process That Includes Arbitration Agreement Needs To Be Clear

A ride-hailing company entered into an arbitration agreement with its customer who signed up for the program through the company's mobile phone application.

By Charles F. Forer

7 minute read

January 06, 2020 | The Legal Intelligencer

Do You Need Magic Words to Create an Arbitration Agreement?

Bob, the "master" of arbitration, had never seen anything like it. In response to his state court complaint and in the absence of an arbitration agreement, his adversary filed a preliminary objection, asserting the parties must arbitrate their claims.

By Charles F. Forer

6 minute read

December 13, 2019 | The Legal Intelligencer

Engagement Letters, Arbitration and Legal Malpractice

Always a fervent supporter of arbitration, Bob took special pains to ensure that his clients-turned- malpractice-plaintiffs would see him, not in court, but in arbitration. Magic? Nope. Just contract drafting.

By Charles F. Forer

7 minute read

October 21, 2019 | The Legal Intelligencer

Getting Documents From a Third Party in Arbitration

Bob knows arbitrators and courts are often squeamish about allowing arbitrating parties to subpoena documents and things from third parties.

By Charles F. Forer

7 minute read

August 19, 2019 | The Legal Intelligencer

The Pitfalls of (Trying to) Expand the Scope of Judicial Review of an Arbitration Award

Bob did not make the mistake this time. The arbitrator’s legal error undermined Bob’s client’s case by relying on a legally flawed interpretation of the parol evidence rule.

By Charles F. Forer

7 minute read

June 24, 2019 | The Legal Intelligencer

Determining Whether the Arbitrator or the Court Decides Arbitrability

Things were different this time. Bob had anticipated the very issue his adversary raised. Bob was confident he had “drafted his way around the problem.”

By Charles F. Forer

7 minute read

April 15, 2019 | The Legal Intelligencer

Are Pre-Engagement Lawyer-Client Arbitration Agreements Enforceable?

The boom finally dropped. A former client brought a legal malpractice claim against Bob. This did not surprise his friends and colleagues—and readers of his miscues—who all knew Bob has been giving lousy advice for years.

By Charles F. Forer

7 minute read

February 11, 2019 | The Legal Intelligencer

Responding to Arbitration Subpoenas—How to Make Cost an Issue

Bob is not currently representing any clients in arbitration proceedings. In view of his past mistakes, described in my past articles, Bob's “withdrawal” from appearing in arbitration proceedings may be a good thing—at least for his clients.

By Charles F. Forer

7 minute read