View my research on my SSRN Author page:
http://ssrn.com/author=2492175
2024
George H. Friedman, Time to Modernize the FAA in Richard A. Bales & Jill I. Gross, The Federal Arbitration Act: Successes, Failures, and a Roadmap for Reform (Cambridge University Press, forthcoming 2024).
2022
Friedman, George, President Biden Signs Into Law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act. It Became Effective Immediately – Part I, 2022:08 Sec. Arb. Alert 1 (Mar. 3, 2022)
Friedman, George, President Biden Signs Into Law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act. It Became Effective Immediately – Part II, 2022:09 Sec. Arb. Alert 1 (Mar. 10, 2022)
Friedman, George, The SCOTUS “Arbitration Quartet” – What You Need to Know, 2022:26 Sec. Arb. Alert 1 (Jul. 7, 2022)
2021
Friedman, George, A Funny Thing Happened on the Way to a Quiet Year in ADR: How a Pandemic Accelerated Profound, Lasting Changes, 2021:1 Sec. Arb. Alert 1 (Jan. 14, 2021)
Friedman, George, The Elections are (Finally!) Over: What’s in Store for the Arbitration and the Financial Services Worlds?, 2021:3 Sec. Arb. Alert 1 (Jan. 28, 2021)
Friedman, George, Tales from the Arbitration Crypt, 2021:40 Sec. Arb. Alert 1 (Oct. 28, 2021)
Friedman, George, After a Lull in 2021, a Busy Year Ahead Arbitration-wise for SCOTUS, 2021:48 Sec. Arb. Alert 1 (Dec. 23, 2021)
2020
March 2: Jointly-authored blog post with Rick Ryder, Esq.: What’s Past is Prologue – All Over Again. What’s Ahead for Arbitration Filings in the Wake of Recent Volatility
February: Feature article from the Securities Arbitration Commentator: It’s 2020: Some Surprises are in Store for Arbitration and the Financial Services Industry, 2019:8 SAC 1 (Feb. 2020)
February 7: My blog post, District Court Issues Preliminary Injunction in Business Groups’ Challenge to New California Law Restricting Employment PDAA Use and Enforcement ment/
January 29: Latest issue of "The Expert's Examiner" published by the Securities Experts Roundtable. I contributed columns on arbitration developments
January 25: My blog post, GE Energy – Outokumpu Oral Argument at SCOTUS was January 21. Hard to Say Where This One Will Land
January 21: My blog post, FINRA Releases 2020 Risk Monitoring and Exam Priorities. Key Focus is on Reg BI. Arbitration is Again Not on the List
January 10: My blog post, More on the EEOC’s Rescission of its Anti-Arbitration Policy
2019
December 30: My blog post, A Final Assessment of My 2019 Consumer and Employment Arbitration Predictions. Also published here.
December 20: My blog post, Very Few Comments on FINRA’s Proposed Inactive Industry Party Arbitration Rule
December 13: My blog post, The Other Shoe Drops: “Investor Choice Act” Finally Reintroduced in House and Senate. Would Amend 1934 Act and Investment Advisers Act of 1940 to Ban Mandatory Predispute Arbitration Agreements in Customer and Shareholder Relationships
December 4: November issue of “What are the Courts (and Arbitrators) Thinking?” published by the Securities Experts Roundtable.
November 1: October issue of “What are the Courts (and Arbitrators) Thinking?” published by the Securities Experts Roundtabley the Securities Experts Roundtable. I contributed a column on arbitration developments
October 27: My blog post: More Details on Two New California Laws Impacting Arbitration
October 18: Blog post, PIABA: BrokerCheck and the Expungement Process Are Broken. Moratorium Needed Now
October 11: Latest issue of "The Expert's Examiner" published by the Securities Experts Roundtable. I contributed a column on arbitration developments
October 11: Blog post, More on the Whistleblower Improvement Act, and Another Anti-Arbitration Bill is Introduced
October 3: Blog post, Unanimous California Supreme Court: Employee Covered by an Arbitration Agreement Can’t Use PAGA to Recover unpaid Wages
September: Feature article from the Securities Arbitration Commentator: Surprise! Some of the Anti-Arbitration Bills Introduced in Congress this Year May Actually Become Law (One Already Has), 2019:5 SAC 1 (Sep. 2019)
September 27: Blog post, That Didn’t Take Very Long: FAIR Act Approved by the House
September 19: Blog post, Senate Version of Justice for Servicemembers Act Introduced – By a Republican
September 13: Blog post, That Didn’t Take Very Long! Just as Reg BI Goes into Effect, Seven States and DC Sue To Block It
August: Blog post, Well, We Are Persistent. Comment Period Ended Mid-July on NJ Fiduciary Proposal. Comments Are Not Posted Online but We’ve Pieced Together an Analysis
March: Guest Securities Arbitration Commentator blog post: Here is a link to my latest blog post, Democrats Introduce Several Anti-Mandatory Arbitration Bills. What You Need To Know
February: Blog post, The Presidents and Arbitration: from Washington to Trump: An Update
January: Blog post: The New Year is Here: What’s in Store for Arbitration and the Financial Services Field?
2018
December: Blog post: A Final Assessment of My 2018 Consumer and Employment Arbitration Predictions – Part II
December: Blog post: A Final Assessment of My 2018 Consumer and Employment Arbitration Predictions – Part I
November: Blog post: The Midterm Elections are Over: What’s in Store for Arbitration and the Financial Services Field?
September: Employment Issues in Securities Arbitration in the Wake of Epic Systems (video podcast) and article.
August: Blog post: Exactly Where is an Arbitration Award in Cyberspace Made? Time to Modernize the Federal Arbitration Act.
August: Blog post: Arbitration – Still the Wave of the Future?
August: Blog post: Enforcing International Arbitration Awards
August: Blog post: PART II – A Midyear Assessment of My 2018 Consumer and Employment Arbitration Predictions
July: Blog post: PART I – A Midyear Assessment of My 2018 Consumer and Employment Arbitration Predictions
July: Blog post: SCOTUS Rules in Epic Systems. What it Means for Securities Employment Arbitration
July: Blog post, Independence Day and Arbitration: an Update
July: Blog post, SCOTUS hits the Arbitration Certiorari Trifecta: What’s in Store for Financial Industry Arbitration?
June: Feature article from the Securities Arbitration Commentator: SCOTUS Rules in Epic Systems. What it Means for Securities Employment Arbitration
February: Blog post, The Presidents and Arbitration: From Washington to Trump
2017
December: Blog post, Consumer and Employment Arbitration – Six Things to Look for in 2018
December: Blog post, A Final Report Card on My 2017 Arbitration Predictions: “Pretty, Pretty, Pretty, Pretty Good!”
November: Blog post, Richard, Here’s Another Nice Mess You’ve Gotten Us Into!
November: Blog post, Let’s Not Toss Out the Data-gathering Baby with the CFPB Arbitration Rule Bathwater
August: Feature article from the Securities Arbitration Commentator: Tempus Fugit - It’s Been Thirty Years Since McMahon was Decided
July: Independence Day and Arbitration – An Update
June: A Midyear Assessment of My 2017 Arbitration Predictions: Look, Mom. Straight “A” Grades So Far!
June: Arbitration in 2017 and Beyond: Making Arbitration Great Again (video podcast) and article.
May: Blog post, “SCOTUS’ Support for Arbitration Will Continue Unabated” – Really this Time
May: Blog post, The “First Hundred Days” are in the Books: Much Ado in the Arbitration and Financial Worlds
April: Blog post, Baseball Season is Here! You Can’t Tell the Anti-Arbitration Bills Without a Scorecard
March: Blog post, ARS can forecast that experts and arbitrators are ready for cloud-based ADR… And snow is on the way.
March: My guest analysis, They’re Baaack! Democrats Reintroduce a Flurry of Anti-Mandatory Arbitration Bills
February: Blog post, The Presidents and Arbitration: from Washington to Trump
February: Blog post, Supreme Court Nominee Gorsuch Seems to be Pro-Arbitration!
January: Guest blog post, SCOTUS Hat Trick: Certiorari Granted in Three Cases Involving Class Action Waivers in Employment Arbitration Agreements
January: Blog post, Trump in Charge – What Does It Mean for Arbitration?
2016
December: Blog post, Consumer and Employment Arbitration – Six Things to Look for in 2017
December: Blog post, My 2016 Arbitration Predictions Report Card: Batting .833 is Really Good!
November: Blog post, The Election is Finally Over – What Does It Mean for Arbitration?
November: My blog post, Kentucky Ruling Against Arbitration Goes to US Supreme Court: Extendicare Homes, Inc. v. Whisman
November: My blog post, Mandatory Consumer Arbitration on the Eve of the Election
September: Feature article from the Securities Arbitration Commentator's Online Securities Litigation Alert: Seems like I May Be Right After All on One of My 2015 Predictions – Just a Little Late. Blog post on the same topic.
July: Blog post, Independence Day and Arbitration – No, not the New Movie
June: Blog post, Explained Arbitration Awards and Goldilocks and the Three Bears – Is the Third Try Just Right?
May: Blog post, Chill Out: the CFPB can Bar Class Action Waivers if it wants to
May: Blog post, Fifth Circuit: Jurisdictional Amount in Controversy Judged by Claim Amount in Award Challenge
April: Blog post, Back to Fed Jur 101: Courts Remind us that the Federal Arbitration Act does not Confer Independent Basis for Federal Jurisdiction
April: Blog post, The Mandatory Consumer Predispute Arbitration Agreement – Reports of its Demise May have been Greatly Exaggerated
March: Blog post, Mediation No Longer the Rodney Dangerfield of Dispute Resolution?
March: Blog post, FINRA’s Dispute Resolution Unit Outlines its 2016 Goals and Plans
February: Blog post, A New Congressional Attempt to Curb Arbitration Agreements: A More Focused Attack that’s also Doomed to Fail
February: Blog post, Arbitration - the Wave of the Future?
February: Blog post, The Presidents and Arbitration: from Washington to Obama - and Beyond. Republished here.
January: Blog post, Thoughts on the Great Blizzard of 2016… and Web-based Dispute Resolution.
2015
December: Blog post, Consumer Arbitration: Five Things to look for in 2016.
December: Blog post, My 2015 Arbitration Predictions: Batting .700 is Pretty Good!
December: Blog post, Giving Credit where Credit is Due: FINRA Improves Dispute Resolution Transparency
December: How Do You Explain Mediation? Practical tips on how to approach the mediation process, published in California Lawyer (PDF version here)
November: Arbitration is at the Root of all Evil, According to the New York Times
September: Back to School on "Deflategate" and arbitration
September: Deflategate” – the Court has Ruled – Now What?
August: Investment Adviser Arbitration - what you need to know (video podcast) and article.
July: “Deflategate” – the Commissioner-Arbitrator Has Ruled – Now What?
July: Like Rodney Dangerfield, Commonwealth Coatings “Don’t Get No Respect” – and it Shouldn’t! - blog post and full article.
June: Upon Further Review…Mandatory Arbitration Relief is on the Way for Consumers
May: “Deflategate” – what’s next and what does Arbitration have to do with it?
May: NFL Commissioner Tackled as Arbitrator in Employment Dispute.
April: Fixing Mandatory Securities Arbitration: What Part about “Customer Choice” was Unclear?
April: SCOTUS Grants Cert. in another Class Action Waiver Case: Now What?
March: CFPB Likely to Issue Final Report on Arbitration to Congress next Week. Can SEC be Far Behind?
February: Whither or Wither FINRA Mediation? (video podcast)
January: California Courts Still Exploring Limits of FAA (Federal Arbitration Act) Preemption. Spoiler alert: it's not at all clear to me what SCOTUS will do if - when in my opinion - it takes on this issue.
January: “Sunlight is said to be the Best of Disinfectants,” explaining my views and recent comments about transparency in securities arbitration. It was just published in my blog at the Securities Arbitration Commentator.
January: Spring Training Starts Soon. Time to think about…Arbitration? Published in the Arbitration Resolution Services blog.
2014
December: On the First Day of Christmas/Chanukah/Kwanzaa, my True Love Gave to me…a New Form of ADR. Published in the Arbitration Resolution Services blog.
December: Cuba is Safe for Arbitration. Turns out the US and Cuba have lots in common, arbitration-wise. Published in the Arbitration Resolution Services blog.
December: My latest blog post, summarizing my recent Journal of American Law paper on ADR, technology & the future.
December: Justin Bieber, Sunoco, and Arbitration: how are Possiblty Connected? Published in the Arbitration Resolution Services blog.
November: Just Like Thanksgiving and Black Friday: Five Truisms about Arbitration — That Aren’t True. Published in the Arbitration Resolution Services blog.
November: The Elections are Over: What it means for Consumer Arbitration. Five things to look for in 2015. Published in the Arbitration Resolution Services blog.
November: What if the SEC Bans Predispute Arbitration Agreements? (video podcast)
October: Arbitration has this in Common with the Rolling Stones, published in the Arbitration Resolution Services blog. Arbitration Has This In Common With The Rolling Stones
October: Technology, Alternative Dispute Resolution, and the Insurance Industry: the Future Has Arrived (Really this Time), published in the inaugural issue of the Journal of American Law (printable version here).
September: State Supreme Courts Exploring Limits of FAA Preemption, published in the Securities Arbitration Commentator blog.
August: American Arbitration Association Creates Consumer Arbitration Clause Registration Requirement: A Reaction., published in the Securities Arbitration Commentator blog.
August: What’s a Regulator to do? Mandatory Consumer Arbitration, Dodd-Frank, and the Consumer Financial Protection Bureau in the American Bar Association Dispute Resolution Magazine. Web version here.
July: The Camel and the Last Straw or the Frog and the Boiling Water: Pick Your Parable, published Securities Arbitration Commentator. Summary blogged here.
June: Hey Google. We Don't Want to be Forgotten, published Arbitration Resolution Services blog
May: Happy 40th, Rubik's Cube: Solving the Litigation Puzzle, published Arbitration Resolution Services blog
May: Ten Things about Litigation that Arbitration Critics Won’t Tell You, published Arbitration Resolution Services blog
April: What do A-Rod, the NLRB, and General Mills have in Common? published Arbitration Resolution Services blog
April: Time to Eliminate the “Hidden Arbitration Clause Trick, published Arbitration Resolution Services blog
April: "Trust Me on this One - I'm from the Future!" - Part II, published in the World Future Society blog
April: A George Bailey “Hat Trick” - Et Tu, 9th Circuit?, published Arbitration Resolution Services blog
March: The Future from "Back to the Future II" is Here – Sort of, published in the World Future Society blog.
March: Maybe, Like A-Rod, the NLRB Reads this Blog, published Arbitration Resolution Services blog
March: Puerto Rico Bond Arbitrations: Is Cloud-based ADR a Solution? published Arbitration Resolution Services blog
February: Confessions of an Accidental Futurist, published in the World Future Society blog
February: NLRB a Cruisin' for a Bruisin' on its Arbitration Policy, published in the Arbitration Resolution Services blog.
February: Arbitration's"Personal Protector" Under the Federal Arbitration Act, published in the Arbitration Resolution Services blog.
January: A-Rod's Chances on Appeal: Rock, Meet Hill, and The A-Rod Saga: Batting 1.000 So Far (See for Yourself), published in the Arbitration Resolution Services blog
January: New YorkTrial Court to Parties (and Arbitrators): Settled Means Settled, published in the Arbitration Resolution Services blog
2013
December: California to Online Arbitration Clause Drafters: Be Really Clear About Proving Your Intentions, published in the Arbitration Resolution Services blog
November: Election Results are in: Parties, Representatives and Arbitrators are Ready for Cloud-based ADR, published in the Arbitration Resolution Services blog
November: California Courts on FAA Preemption: Yes, but...." published in the Arbitration Resolution Services blog
November: American Arbitration Association webinar, ADR and Emerging Technologies
October: More Tech Issues Ahead for Affordable Care Act ("Obamacare"), published in the Arbitration Resolution Services blog
October: More Evidence that the Federal Arbitration Act Preemption War is Over,published in the Arbitration Resolution Services blog
September: "Road Trips" in Consumer Arbitration: There Must Be a Better Way, published in the Arbitration Resolution Services, Inc. blog.
September: Federal Courts on Frivolous Motions to Vacate Arbitration Awards: "I'm Mad as Hell, and I'm Not Going to Take this Anymore!" published in the Arbitration Resolution Services, Inc. blog
August: FAA (Federal Arbitration Act) Preemption "Hat Trick," published in the Arbitration Resolution Services, Inc. blog
August: Turns Out an Arbitrator's Duty to Disclose is Biblical in Nature, published in the . blog
July: The Arbitration Fairness Act of 2013: a Well-intended but Potentially Dangerous Overreaction to a Legitimate Concern, published in the Securities Arbitration Commentator
July: See my response to a column critical of FINRA arbitration and the securities industry
May: Why Arbitration Resolution Services? (video)
March: See my response to a column critical of arbitration
May: Defining Who is a Customer in FINRA Arbitration: Time to Clear Things Up!,published in the Securities Arbitration Commentator
2011
November: A Q&A with FINRA Executive Vice President George Friedman, published in the JAMS Dispute Resolution Alert
1978-2001
2001: The Level Playing Field, published in the Securities Arbitration Commentator
1999: Securities Arbitration: Still Effective as the Millenium Dawns, published in the World Arbitration & Mediation Report
1997: Alternative Dispute Resolution and Emerging Online Technologies, published in the Hastings Communication & Entertainment Law Journal ($)
1996: An Information Superhighway "On Ramp" for Alternative Dispute Resolution,published with Robert Gelmanin the New York State Bar Journal
1996: Drafting Dispute Resolution Clauses in Complex Business Transactions, published with Howard Aibel in the Dispute Resolution Journal
1995: A Due Process Protocol for Mediation and Arbitration of Statutory Disputes arising out of the Employment Relationship, Reporter and Secretary
1993: The Role of Administered Arbitration, published in the New York Law Journal
1993: A Useful Tool for Evaluating Potential Mediators, published with Alan Silberman in the Negotiation Journal Vol. 9, Issue 4, pp 313-315 (October 1993).
1989: Arbitrator Selection under the Securities Arbitration Rules of the American Arbitration Association, published in the Securities Arbitration Commentator.
1988: Arbitrating your Case under the Securities Rules of the American Arbitration Association, published in the Dispute Resolution Journal - Vol. 43, No. 2 (1988)
1983: Rabbinical Arbitration, published in the New York Law Journal, 4/14/1983 p. 1
1982: Checklist for Commercial Arbitration, Dispute Resolution Journal - Vol. 37 No. 3 (1982)
1981: Medical Malpractice Arbitration: Time for a Model Act, published in the Rutgers Law Review
1978: Correcting Arbitrator Error: the Limited Scope of Judicial Review. Dispute Resolution Journal - Vol. 33, No. 4 (1978)