Page 5: Charles F Forer | Legal News Coverage

June 27, 2017 | The Legal Intelligencer

A Lesson in Arbitrability: When Is It Necessary?

Bob's client Ray was the former president of an international company located in Texas. The company filed an arbitration demand in Texas. It asserted that Ray—as president—had engaged in all sorts of misconduct, including excessive personal expenditures and improper contracting practices.

By Charles F. Forer

6 minute read

April 18, 2017 | The Legal Intelligencer

Can Emails Between the Parties Constitute an Arbitration Agreement?

Bob does everything to reduce the flow of paper into and out of his office. The good news: he routinely relies on email to send important notices and information. The bad news: even when it gets him into trouble.

By Charles F. Forer

13 minute read

February 07, 2017 | The Legal Intelligencer

Is an Unsigned Arbitration Agreement Enforceable?

Bob's keen advice to Oxford Berries, a client that provides agricultural services to berry farmers: "Get the agreement in writing. Oral agreements are too risky."

By Charles F. Forer

13 minute read

December 19, 2016 | The Legal Intelligencer

Arbitration Escape Hatches—Do they Work?

Bob gave a continuing legal education presentation last month. Topic: "How to Succeed in Arbitration." His introduction: Arbitration resolves disputes quickly, efficiently and economically. Except when it does not. How do we ensure arbitration does what it is supposed to do? The answer is obvious: avoid arbitration when you know the other side will play delay games. Litigation is the only way to deal with these shenanigans. How do you know when the other side will put up obstacles? Prescience.

By Charles F. Forer

12 minute read

October 17, 2016 | The Legal Intelligencer

What Happens When the Arbitration Provider Makes a Mistake?

Arbitration gives the parties one bite at the apple. Sure, the governing arbitration statutes set forth several ways to attack a final arbitration award. For practical purposes, however, entry of a final arbitration award is the end of the road for virtually all litigants.

By Charles F. Forer

12 minute read

August 15, 2016 | The Legal Intelligencer

What Happens When an Arbitrator Does Not Consider Relevant Evidence?

It was bad enough that Arnold, the former employee now living in California, breached his duty of loyalty to JG Enterprises, Bob's brand new client. What made things worse: Arnold took a parting shot on his way out. According to JG Enterprises, Arnold surreptitiously deleted electronically stored information, including his entire e-mail mailbox. In view of this "spoliation" and the loss of this relevant evidence, how could Bob prove, in the arbitration proceeding, that Arnold had breached his duty of loyalty?

By Charles F. Forer

11 minute read

June 20, 2016 | The Legal Intelligencer

Is Waiver an Exception to Mediation Confidentiality?

Bob's client, Jane, sued Roger, her former attorney, for legal malpractice in connection with a prior personal injury lawsuit. The list of Roger's alleged misdeeds goes on and on.

By Charles F. Forer

12 minute read

April 19, 2016 | The Legal Intelligencer

Consequences of Excluding Material Evidence From Arb Proceeding

Bob knows arbitrators have lots of power. He knows their awards cannot be overturned even if they are dead wrong on the law. He knows they have all kinds of "discretion" when it comes to evidentiary issues. Sometimes, however, enough is enough.

By Charles F. Forer

12 minute read

February 10, 2016 | The Legal Intelligencer

Does It Make Sense to Require a Prompt Arbitration Award?

Editor's note: This article describes a hypothetical situation.

By Charles F. Forer

7 minute read