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Under New Law, You Have the Right to a Reporter at Arbitration

thinkstockphotos-117631992The following is a guest blog post by Joseph A. Goldstein. Mr. Goldstein is a litigator with The Goldstein Law Firm, representing employers in labor and employment law disputes, wage and hour class actions, and business disputes. He authored the resolution that ultimately became SB 1007.

Effective January 1, 2017, SB 1007 amended the California Arbitration Act to provide that any party to an arbitration has a right to require the presence of a certified shorthand reporter to transcribe at any deposition, proceeding, or hearing. CCP §1282.5. This law is important because it provides the opportunity for litigants to create an appellate record as well as increases transparency in the arbitration process. Here’s what you need to know about this new law. Continue reading

Bound to Arbitrate Nursing Home Litigation?

Senior woman in a nursing homeWhen is a personal representative bound to arbitrate claims against a nursing home? The answer depends on the nature of the claim, as illustrated in a recent case. Continue reading

Got an Employment Case? Consider Mediation

mediation_80405170Deciding whether and when to mediate an employment case can be complex, but here are some factors that will help both sides of the case make the decision. Continue reading

Do You Know Which ADR Process to Pick?

168712376With the vast majority of civil cases settling rather than going to trial, California attorneys need to be familiar with the various alternative dispute resolution (ADR) processes. Once you understand the big picture of the ADR options available, you need to hone in on the right one for your case.

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Wage Claims Are Not Subject to Mandatory Arbitration

It was close, but the California Supreme Court in Sonic-Calabasas A, Inc. v Moreno (.pdf) has ruled in favor of employees in a decision holding that arbitration agreements do not preempt administrative wage claim procedures. An employee who has a wage claim against his or her employer, but is subject to an arbitration agreement, can go first through the Labor Commissioner’s administrative processes before the employer can require arbitration. Continue reading

Profile in Practice: Matthew J. Geyer

As part of CEB’s commitment to bringing together California’s legal community, our blog will post a short interview with one of your fellow attorneys.

This week, we profile Matthew J. Geyer:

CEB: What are your practice areas and how/why did you choose or start in your practice area?
Matt: 80% of my practice now is arbitration and mediation, in commercial and other civil disputes, in a wide range of industries. So, breach of contract and business torts, fraud and nondisclosure claims, partnership and joint venture disputes, real estate sales and leasing contracts and related disputes, and professional malpractice involving accountants, engineers, attorneys, financial consultants.

CEB: What do you like best and least about practicing law?
Matt: The best thing about advocacy work is that I get to think and write for a living. The worst thing about it is counting your life in tenths of an hour. The best thing about being an arbitrator is everyone laughs at all your jokes; the worst thing is that it’s lonely work (when it’s not a panel case), at least once the case is submitted. The best thing about being a mediator is that it’s not lonely work—you get around a table and work with people through legal issues, calculations of risk, etc. The worst thing about it is nobody has to laugh at your jokes. Continue reading

The Blush Is off the Arbitration Rose

The honeymoon with contractual arbitration appears to be over. The advantages of arbitration are disappearing or being outweighed by the disadvantages more and more often, prompting a growing number of attorneys to advise their clients to take their chances in court.

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