Brian Farkas, an associate at Goetz Fitzpatrick, was quoted in the Wall Street Journal on a major challenge to an arbitration program in the Delaware Court of Chancery. Farkas has previously written on the case for Alternatives, a leading dispute resolution publication for corporate counsel produced by the International Institute for Conflict Prevention & Resolution. He also has an article on the case in the forthcoming issue of Defense Counsel Journal.
The case involved a challenge to the constitutionality of the experimental program, which allowed sitting Court of Chancery judges to arbitrate disputes confidentially. A federal district court found that the program violated the First Amendment’s qualified right of access to court proceedings in August 2012. In October 2013, the Third Circuit Court of Appeals affirmed that decision.
Read the full article on the Wall Street Journal’s website.