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California’s SB 940 and the Evolving Strategic Landscape of Mass Arbitration
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Posts By: Stephen Fahlsing
Arbitrating securities fraud cases: Balancing efficiency with investor rights
This article originally published in the Daily Journal. It is published here with permission. You can view the original article here. The SEC now allows mandatory arbitration in IPOs, reshaping litigation risk for public issuers, raising governance and insurance questions, and making expert, well-structured arbitration crucial for fair, efficient resolution of securities disputes. The U.S. Securities… Read more »
MassArb 2.0: From Batches and Bellwethers to MDL-Style Fairness
Designing Business Disputes: How Shall We Fight?
This article originally published on NYLJ.com. It is published here with permission. You can view the original article here. Experienced lawyers are creatures of habit. They sometimes overlook that clients have the freedom at any time to design dispute resolution procedures that work best for them. If they didn’t pay attention to their dispute resolution… Read more »
Anchoring Mediation in the Merits: A Practical Approach for Neutrals
This article originally published on Law.com. It is published here with permission. You can view the original article here. In complex disputes, mediators sometimes fall into the trap of rushing too quickly toward numbers—talking demands, offers, and bottom lines before the mediation has even had a chance to breathe. In my experience, that’s the fastest… Read more »
Participatory Democracy in Action
This essay originally published at the Democracy Project with NYU Law. It is published here with permission. You can view the original article here. In this essay for the Democracy Project, FedArb panelist David F. Levi looks back on his time mediating a dispute for the Waste Isolation Pilot Plant permit in New Mexico. He… Read more »
Mediating the Billion-Dollar Case
This article originally published in the New York Law Journal. It is published here with permission. You can view the original article here. Mediating every case requires digging into the case, active listening to the parties, good communication and sensitivity on the part of the mediator. But the billion-dollar case or even those involving multiple… Read more »
Four Decades in Securities Litigation: What’s Changed and Why It Matters
This article originally published in the New York Law Journal. It is published here with permission. You can view the original article here. When I began practicing securities litigation nearly 40 years ago, the landscape was vastly different. Accounting fraud dominated the headlines, plaintiffs’ firms were relatively few and far between, repeat plaintiffs were common,… Read more »
Former RTX Corporation Chief Litigation Counsel Steven M. Greenspan Joins FedArb
August 27, 2025 – FedArb is pleased to announce that Steven M. Greenspan, Esq. has joined its panel. Based in Connecticut, Mr. Greenspan specializes in Complex Litigation, Class Actions, Corporate Governance, Employment and Labor Law, Environmental and Regulatory, Product Liability and Toxic Tort Litigation and Securities disputes. Mr. Greenspan’s extensive experience in both the private… Read more »
Ethical Constraints When Using Artificial Intelligence in Arbitration
This article originally published in the Legal Intelligencer. It is published here with permission. You can view the original article here. Artificial intelligence (AI) is becoming de rigueur in the legal community, with law firms and lawyers independently utilizing a variety of AI resources to streamline research, formulate documents and digest discovery, exhibits, depositions and… Read more »
FedArb Announces Strategic Board Reorganization
July 23, 2025 – FedArb, a leading provider of ADR services and known for its elite panel of experts and former federal judges, is pleased to announce a significant ownership transition. Kennen D. Hagen, the company’s current CEO, will assume full ownership and control, as the company undergoes a strategic recapitalization. This move enables Mr…. Read more »
Avoiding Pitfalls in Preparing a Mediation Term Sheet
By John M. Delehanty Reaching a settlement in mediation is a big accomplishment—but it’s not the finish line. Ideally, once there’s a meeting of the minds, the parties should draft and sign a formal settlement agreement right away. But in reality, especially after long hours of negotiation, most parties and their counsel opt to draft… Read more »
Securities Litigation Leader Tracy Nichols Joins FedArb
Former EDTX Chief Judge Leonard Davis Joins FedArb
Judge Susan G. Braden meets with Gulf Cooperation Council (GCC) Commercial Arbitration Centre
Recently Judge Susan G. Braden, retired Chief Judge of the United States Court of Federal Claims and a FedArb panelist, met with the American Bar Association and the following delegation from the Gulf Cooperation Council (GCC) Commercial Arbitration Centre: Majed M Garoub, Chairman of the Advisory Committee; Dr. Kamal Al-Hamad, a Member of the… Read more »
David Sorkin Joins FedArb
Rethinking Mass Arbitration: Building on MDL’s Proven Blueprint
Mass arbitrations are an important new way for customers to protect their legal rights. Unfortunately, arbitration was designed for individualized disputes—not mass actions involving thousands of nearly identical claims. Yet legacy ADR providers keep trying to force mass arbitrations into an individualized approach that it was never built to support. The result? Massive filing fees,… Read more »
Alabama Federal Judge L. Scott Coogler (Ret.) Joins FedArb
What the latest ruling tells us about the future of Mass Arbitrations
Mediating Executive or Other Key Employee Disputes
A successful mediation requires sensitivity and attention to the needs of each side, but mediating executive or key employee disputes requires some specific considerations and alertness to sensitivities that merit discussion. It’s a Person’s Career After All! First, and foremost, we are dealing with a person’s career –the place where the person has spent a… Read more »
Arbitration Umpire Selection: What Makes Sense
Arbitration is intended to be an expeditious, cost-effective, and streamlined way of resolving disputes. Parties can avoid the delays and expenses that come with resolving a dispute in a courtroom. Court dockets contain hundreds of cases with a single trial judge, who is contending on a daily basis with multiple motions, hearings, orders to show… Read more »
My Journey to the Commercial Division, A World Class Business Court
One of the great joys of my professional career is the 21 years that I spent as a Justice of the New York State Supreme Court Commercial Division. The work was challenging and required a great deal of creativity and effort and sometimes extraordinary patience, but the rewards were always beyond measure. It gave me… Read more »
FedArb Updates Its Mass Arbitration Rules for 2025
Retired Seventh Circuit Judge and ALI Director Diane Wood Joins FedArb
