Recent Articles

We Shall Not Waiver

Karl Bayer
November 05, 2008 14:00

Perry Homes has once again been applied to describe what constitutes an arbitration waiver, except this time no waiver was found.  As we have mentioned before in While We Were Out, a post from May, waiver is hard to come by in a Texas Supreme Court opinion.  Perry Homes could have moved us into a [...

Net Neutrality & Your Vote

Karl Bayer
November 03, 2008 15:15

Tomorrow is November 4th.  Many have voted early, and more have not yet voted.  This post goes out to the undecided voters out there (although, I have no idea how you are still undecided), as well as the open-minded decided ones.  This is the most important issue for me in the upcoming election, an...

Apple and Psystar agree to private mediation

Karl Bayer
October 18, 2008 16:40

Apple and Psystar have agreed to a private ADR session to attempt a resolution to the ongoing lawsuit filed by Apple.  It appears they opted out of the court-provided ADR options for a private mediation service.   Psystar is a Florida corporation that has received some level of attention over a rec...

No Litigation Without Representation

Karl Bayer
October 16, 2008 00:46

             The Louisiana Supreme Court ordered the 5th Circuit to review pro se writs after the 5th Circuit adopted a resolution to review its previous denials of those writs.  Why would the 5th Circuit choose to review its previous decisions?  They chose to look it over for a “second time” becaus...

“Emergency Measures” Enacted During an Economic Crisis Have Lasting Legal Ramifications

Karl Bayer
October 10, 2008 20:00

[Ed: On the cusp of what looks to be yet another long weekend on Wall Street, this cautionary tale by Chandra.] After enacting policies to stem the economic crisis of 2000-2002, Argentina is locked in multiple arbitrations with foreign investors who were hurt by the government’s actions, which i...

Arbitration May Have the Last Word in Contentious Illegal Immigration Case

Karl Bayer
October 07, 2008 21:28

Immigration is a hot topic in today’s global economy as travel becomes cheaper and labor markets become more fluid.  However, the rules of immigration can be tricky and, in some cases, contradictory.  For instance, in the U.S., the Ninth and Second Circuit Courts of Appeals gave two different rul...

It’ll just take a minute!

Karl Bayer
October 06, 2008 21:31

Fill out my Wufoo form! Powered by Wufoo addthis_url = 'http%3A%2F%2Fwww.karlbayer.com%2Fblog%2F%3Fp%3D153'; addthis_title = 'It%26%238217%3Bll+just+take+a+minute%21'; addthis_pub = '';Fill out my Wufoo form! Powered by Wufoo

Hi.

Karl Bayer
September 11, 2008 19:55

My name is Bob.  I’m excited to be working with Karl and a few university students - Chandra, Enrique, and Eric - to improve karlbayer.com.  The students are already coming up with lots of great content for this blog, and Karl and I are working hard to bring it all up to date.  Change is in [....

Arbitrating With Your Client?

Karl Bayer
July 28, 2008 18:05

My good friend Dicky Hile has been studying the ethics of arbitration provisions in attorney-client contracts for some time. He recently put down his thoughts and was kind enough to send us his paper. My personal viewpoint is that it is almost impossible to make these ethical, and their...

Rau Responds

Karl Bayer
June 09, 2008 16:26

Prof. Rau sent the following comments to Karl in response to our thoughts about his recent article on Hall Street v. Mattel. They are helpful, and they raise a question for our readers, that is, for lawyers in the trenches in Texas. The [unedited] comments follow: Two points, one small, one...