Y-ADR Interview Series: From In-House Counsel to Ombuds

CPR’s new Y-ADR Interview Series returns this week with another discussion on in-house work, law practice development, and careers in dispute prevention and resolution.

This week, Y-ADR Steering Committee member Elizabeth Chan, an associate in the London office of Three Crowns, discusses career advice and conflict resolution with Timothy Shore, former ombudsman at Pfizer Inc. in New York.

Shore discusses his work in more than 30 years at Pfizer in the legal, business, and human resources functions.  He served as the pharmaceutical giant’s first Chief Ombudsman, and talks about his design work involving the function to address employment issues, including using alternative dispute resolution.

He discusses his views on the value of a role for restorative justice in dispute resolution in corporate contexts, and provides advice for young practitioners looking to go in-house.

Lizzie Chan’s interview is her third in the series.  The previous interview, with CPR Y-ADR co-chair Jason Klingensmith, Assistant General Counsel, at General Motors Co. in Detroit, is available on CPR Speaks here.  The kickoff interview in the series, with Jason’s GM colleague Brittany Mouzourakis, is available on CPR Speaks here.

Watch above, and share the interview on YouTube here.

CPR’s Young Leaders in Alternative Dispute Resolution educates the next generation of leaders on the full spectrum of dispute prevention and resolution mechanisms, and offers unique networking and professional development benefits to participants. Through periodic seminars and other initiatives, participants are introduced to CPR and gain an insider’s view into how CPR’s community of corporate counsel, law firm counsel, and other experts in the field are using dispute prevention and resolution techniques to manage conflict.

Y-ADR is open to the conflict prevention and resolution community–attorneys, professionals, academics and students–45 years old and younger, or those with less than eight years of professional experience in international or domestic ADR practice or other areas of conflict prevention and resolution.

The Y-ADR Steering Committee is the leadership group for Y-ADR. Jason Klingensmith’s co-chair is Ulyana Bardyn, counsel in the New York office of Eversheds Sutherland. The Committee has extended its deadline for seeking applications for new members until June 15–for information, go here.

Follow CPR’s social media at the links at the bottom of this page for developments, and connect with Y-ADR’s LinkedIn page here.

If you would like to hear more about ombuds with Timothy Shore, join CPR for the June 16 CPR Employment Dispute Committee, where Tim will be joined by Joan Waters, University Ombuds Officer in the Ombuds Office at Columbia University, and Natalie Chan of Sidley Austin LLP. The panel will discuss ombuds programs, including how they are set up and the various services and powers they have to prevent disputes in corporations and universities. Information on the panel program Timothy will join, and registration, is available on CPR’s website here.

In addition, for more information on other dispute prevention techniques and practices, visit CPR’s website, which features the recently launched Dispute Prevention Pledge for Businesses, a new policy statement in which organizations pledge to incorporate dispute prevention mechanisms into their arrangements, here.

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SEC Office of Investor Advocate Praises Securities Arbitration Clinics

By Jill Gross

Congress created the Office of the Investor Advocate of the Securities and Exchange Commission in the Dodd-Frank Act in 2010 to, among other things, “(A) assist retail investors in resolving significant problems such investors may have with the Commission or with self-regulatory organizations (SROs); (B) identify areas in which investors would benefit from changes in the regulations of the Commission or the rules of SROs…” Exchange Act §  4g(4). In turn, the Investor Advocate appointed an Ombudsman to “act as a liaison between the Commission and any retail investor in resolving problems that retail investors may have with the Commission
or with SROs.” Exchange Act § 4(g)(8)(A). Both the Investor Advocate and the Ombudsman are required to submit reports to Congress on their activities. This week, the Office of the Investor Advocate submitted its Report on Objectives for fiscal year 2018, which included the Ombudsman’s Report.

In her Report, the Ombudsman addresses several items of interest to the dispute resolution community. First, the Report (p. 23) describes how her office is monitoring whether recommendations from the FINRA Dispute Resolution Task Force Report have been implemented in ways that help retail investors. She expresses concerns about elements of customer arbitrations at FINRA, offering another voice to the ongoing efforts to improve the fairness of securities arbitration.

Second, in recommending that the FINRA Investor Education Foundation support ongoing operations of law school securities clinics, the Ombudsman details (p. 24) the value that these clinics offer retail investors:

The Ombudsman is concerned about the challenges faced by investors—especially pro se investors who face sophisticated opposing counsel representing broker-dealer firms in a forum that has become increasingly complex—when the life savings of the investor are at stake and there is little ground for appeal. Investor rights clinics fill a critical void by supplying information and advocacy services to vulnerable retail investors in need. Competent representation of retail investors in FINRA’s dispute resolution forum is a critically important step in helping vulnerable retail investors protect their rights. These clinics and the investors they serve merit the Foundation’s support.

Third, the Ombudsman describes (p. 24) her Office’s new outreach program to the clinics, including visits with students at Pace Law’s Investor Rights Clinic and the University of Miami School of Law Investor Rights Clinic.  The Report praises the investor education work of the students, and emphasizes the importance of providing investors with representation in arbitration. The SEC’s spotlight on these law school securities clinics celebrates the tremendous work that law students do in representing investors in their disputes with their brokerage firms!

Jill I. Gross is a nationally known expert in the field of securities dispute resolution and a professor at Pace Law School. Her complete bio can be found HEREThis post was originally published in Indisputably and is reprinted with permission.