Victoria VanBuren

Victoria VanBuren

Victoria VanBuren holds a B.B.A. in Finance from Southern Methodist University and a J.D. from the University of Texas School of Law.  She focuses on intellectual property law and arbitration. Known as a "worker bee," she is an active legal blogger and is currently pursuing a degree in computer science. Prior to joining the team at Karl Bayer, Victoria worked at a boutique intellectual property law firm in Austin. She is well versed in computer hardware and programming languages: Assembly, C/C++, HTML, XHTML, XML, Perl, JavaScript, and PHP.

While in law school, Victoria was a Graduate Research Assistant for Professor John S. Dzienkowski, from The University of Texas at Austin. She was responsible for selecting cases for inclusion in the textbook International Petroleum Transactions. Victoria was particularly involved in researching the areas of international business litigation and arbitration. She also performed extensive research on political and economic risks within the context of international licensing agreements.

Having lived and studied in Mexico, Canada, and the U.S., Victoria brings a unique perspective to Karl Bayer. Right after high school, Victoria moved to Canada to study English and French. Born and raised in Mexico, she is a native Spanish speaker and a graduate of the Monterrey Institute of Technology (Instituto Tecnologico y the Estudios Superiores de Monterrey), where she concentrated in Physics and Mathematics.

Professional Activities

- American Bar Association, Young Lawyers
- American Intellectual Property Law Association (AIPLA)
- Association of International Petroleum Negotiators (AIPN)
- National Hispanic Bar Association (NHBA)
- State Bar of Texas, Intellectual Property




Contact Victoria VanBuren

Website: www.karlbayer.com

Articles and Video:

What You Need to Know About Dispute Resolution (11/30/12)
The American Bar Association (ABA) Guide to Dispute Resolution Processes is designed to educate members of the public about dispute resolution processes commonly used to resolve legal, community, school, public policy and many other types of disputes.

Arbitration and Mediation Update | October 2012 (10/26/12)
The following bills relating to alternative dispute resolution were introduced by the 112nd U.S. Congress. The session convened in Washington, D.C. on January 3, 2011 and will end on January 3, 2013. The article is broken into bills that passed and bills that are still pending.

Mass Procedures as a Form of 'Regulatory Arbitration' (09/21/12)
Commentators and counsel agree that Abaclat v. Argentine Republic is one of the most important investment arbitrations in recent years. Described alternatively as “unprecedented,” a “landmark ruling” and a “quantum leap,” the jurisdictional and dissenting awards were voted the most controversial arbitration decisions of 2011 by experts in the field.

Fifth Circuit Decides on Arbitrability of Claims (09/11/12)
The United States Court of Appeals for the Fifth Circuit affirmed the district court’s ruling confirming an arbitration award.

Cross-border Agreements into India: The Arbitration Clause (07/30/12)
Cross-border agreements into India – the arbitration clause International agreements in most cases will include an arbitration clause, setting out the governing law of the contract and the seat of arbitration. When dealing with an Indian party, this may not entirely prevent litigation before the Indian courts, since judicial intervention in Indian courts could still occur unless specific language excluding the operation of Part 1 of the Indian Arbitration and Conciliation Act 1996 (the Act), which contained the provision for appointment of arbitrators, is drafted into the agreement.

Recent Developments in International Arbitration (07/02/12)
Following are this month’s recent developments in international arbitration law published by the International Law Office (free registration is required to view the articles)

Recent Developments in International Arbitration (05/07/12)
Following are this month’s recent developments in international arbitration law published by the International Law Office (free registration is required to view the articles).

Family Law Council Files Rare Amicus Over Mediation Issue (01/30/12)
The council submitted the brief on Jan. 9, urging the Supreme Court to grant a mandamus to force a family law judge to approve a mediated settlement agreement (MSA) in a custody dispute. The judge in that suit, 309th District Judge Sheri Dean of Houston, refused to approve the MSA between Stephanie Lee and Benjamin Jay Redus, on the ground it was not in the best interest of a child. The council argues in the amicus that the judiciary should not create common-law exceptions to the enforceability of MSAs.

2011 Disputing Contributors (01/02/12)
During 2011, Disputing was honored to receive significant contributions from law professors and respected practitioners. Some of our blog contributors wrote guest-posts, others submitted comments via e-mail, and yet others alerted us of important developments in the ADR area. Thanks to our blog contributors for improving Disputing‘s legal scholarship! Special thanks to professor S.I. Strong for writing a whopping number of blog posts!

Federal Circuit Unveils Model Order on E-Discovery in Patent Cases (10/03/11)
To address the problem of excessive costs of the discovery process, particularly in patent litigation, the Advisory Council of the Federal Circuit created recently a task force to draft a model rule for e-discovery governance.

Federal Court Orders Arbitration of Claims in BP Oil Spill Case (09/12/11)
As readers may already know, litigation surrounding the “Deep Water Horizon” oil spill is well underway. In a later twist, a federal trial court in Louisiana granted a motion to stay litigation between Anadarko and BP and ordered the parties to arbitrate pursuant to an arbitration clause found in their Joint Operating Agreement.

Jones v. Halliburton/KBR: Trial Begins, Not Arbitration (06/27/11)
On May 5, 2011 Senator Franken introduced the Arbitration Fairness Act of 2011. If passed, the Act would ban mandatory pre-dispute arbitration clauses in employment, consumer, and civil rights cases.

Is Mediation Confidential in Texas? (06/19/11)
The Texas ADR Act, provides for very broad confidentiality in mediation procedures.

Keeping a Secret from Yourself? Confidentiality When the Same Neutral Serves Both as Mediator and as Arbitrator in the Same Case (04/11/11)
As the alternative dispute resolution field has grown, parties have designed their own processes from established processes in an attempt to best serve their process needs. One such hybrid process is mediation-arbitration, called “med-arb” for short.

N.D. of Texas Issues Temporary Restraining Order Enjoining FINRA Arbitrations (03/07/11)
The Northern District of Texas has issued a Temporary Restraining Order enjoining multiple arbitration proceedings before the Financial Industry Regulatory Authority (FINRA)

National Strike Against Mediation Law (02/28/11)
A new law requiring mediation to be used in commercial cases comes into effect in Italy on March 21. It’s been heralded as a significant potential change and, you would think for a country with a famously overburdened court system, heartily welcomed as a caseload-reducing initiative. Proactive local chambers of commerce have been sponsoring initiatives to promote the introduction of mediation, and mediation providers have been gearing up to meet the demand in training and services. In other words, the ground is being prepared for positive change.

Should States Regulate The Mediation Profession? (02/07/11)
Philip J. Loree Jr., a partner in the Manhasset, New York based firm of Loree & Loree and contributor to this blog, recently published an interesting article entitled Should States Regulate the Mediation Profession? The article was published in the Winter 2010-2011 edition of NE-ACR News, the newsletter of the New England Chapter of the Association for Conflict Resolution.

California Supreme Court Holds Attorney-Client Communications Related To Mediation Not Discoverable (01/17/11)
The California Supreme Court has ruled that private attorney-client communications related to a mediation remain confidential communications protected by California’s Evidence Code even during a legal malpractice lawsuit between the parties.

District Of Columbia Adopts Foreclosure Mediation Process (11/22/10)
Another United States jurisdiction has adopted a mediation process to address the ongoing foreclosure crisis. The District of Columbia (D.C.) Council approved the “ Saving D.C. Homes from Foreclosure Act of 2010,” earlier this month. The measure requires lenders to participate in six months of mediation with a homeowner prior to foreclosure.

48 New Mediators Sworn In To Nevada Foreclosure Mediation Program (11/15/10)
On October 27th, 48 new mediators were sworn in to the State of Nevada Foreclosure Mediation Program (FMP). This brings the total number of authorized FMP mediators in Nevada to 293. The FMP was created by Assembly Bill 149 during the 2009 Nevada Legislature session.

Less Than Half Of Miami-Dade County Homeowners Comply With Court Ordered Foreclosure Mediation (09/13/10)
In January, the Florida Supreme Court ordered mediation on all home foreclosure cases. According to Miami Today, less than half of homeowners in Miami-Dade County have complied with state-mandated mediation since January.

US MSHA Unveils Pilot Mediation Program (08/30/10)
The U.S. Mine Safety and Health Administration (MSHA) just launched a pilot mediation program. Here are the details:

U.S. Arbitration And Mediation Legislative Update (08/09/10)
The following bills relating to alternative dispute resolution were introduced by the 111st U.S. Congress. The session will last from January 3, 2009 until January 3, 2011. Click on the bill number to read its text and on the status link to find the bill’s most recent legislative action.

Questions Clients Have About Mediation: What Happens In Mediation? (07/19/10)
Every mediation is unique. The mediator will work with the parties and counsel to devise the appropriate format for the mediation. In general, however, mediation has four stages:

National Relations Board Issues Guidelines For Employers Arbitration Policies (07/12/10)
On June 16, 2010, the National Relations Board issued a Guideline Memorandum addressing the legal framework to use in employer’s mandatory arbitration policies. The Guideline Memorandum includes the following principles:

U.S. Arbitration And Mediation Legislative Update (07/05/10)
The following bills relating to alternative dispute resolution were introduced by the 111st U.S. Congress. The session will last from January 3, 2009 until January 3, 2011. Click on the bill number to read its text and on the status link to find the bill’s most recent legislative action.

Texas Mediator Article: 2009 Judicial Survey On Alternative Dispute Resolution (06/21/10)
In August, 2009 attendees of the annual Texas Judicial Conference were surveyed regarding their attitudes as to alternative dispute resolution processes, with a particular emphasis on mediation and arbitration.

Mediate.com Receives Prestigious American Bar Association (ABA) Award (03/25/10)
Mediate.com, the leading mediation web site in the world, has received the 2010 American Bar Association (ABA) Lawyer as Problem Solver Award. The award is for the use of “legal skills in creative, innovative and often non­traditional ways.

ABA 2010 Winners Of Mediation Video Contest On Youtube: Second Prize Winner (03/22/10)
The ABA Section of Dispute Resolution announced the 2010 winners of its First Annual Mediation Video Contest on YOUTUBE. The Second Prize Winner was “Mediation: A Better Way to Resolve Disputes” submitted by: Kristie Giaimo, Sue Ritter, Ian Long, Melissa Guise, Linda Hartman, Michael Reed, Jeff Bowen, Reed Stewart.

U.S. Arbitration And Mediation Legislative Update (03/01/10)
The following bills relating to alternative dispute resolution were introduced by the 111st Congress. Click on the bill number to read its text and on the status link to find the bill’s most recent legislative action.

International Commercial Mediation: Only Lip Service? (02/22/10)
Karl came across this interesting comment by Jose Antonio Garcia Alvaro, posted at the ADR Resources Dispute Resolution and Mediation LinkedIn Group.

Texas Appeals Court Finds No ‘Meeting Of The Minds’ In Dispute Over Mediation Cancellation Fee (02/16/10)
The Fourteenth Court of Appeals of Texas held that silence does not create a contract to pay a mediation cancellation fee.

International: More On Hong Kong’s New Mediation Procedure (02/08/10)
To follow up on our earlier post, here are more details about Hong Kong’s mediation initiative:

How To Work With E-Mediation And Special Masters In E-Discovery (02/08/10)
We thought that you might be interested to listen to the Podcast entitled “How To Work With E-Mediation and Special Masters in E-Discovery Cases” by Peter S. Vogel, trial partner at Gardere Wynne Sewell LLP and contributor of this blog and Allison O’Neal Skinner from the Alabama-based law firm Sirote & Permutt. The ESIBytes™ Podcast of about 40 minutes is available here. (no PowerPoints, but free!)

U.S. Arbitration And Mediation Legislative Update (01/25/10)
The following bills relating to alternative dispute resolution were introduced by the 111st Congress. Click on the bill number to read its text and on the status link to find the bill’s most recent legislative action.

International: Why Further Development Of ADR In Latin America Makes Sense (01/18/10)
We came across a very interesting article entitled “Why Further Development of ADR in Latin America Makes Sense: The Venezuelan Model,” by Jose Alberto Ramirez Leon, 2 Journal of Dispute Resolution 399 (2005). The article provides an overview of the problems with the Venezuelan system of justice, ADR developments in the country, obstacles for further development of ADR in Venezuela, and proposals to overcome those obstacles.

2009 U.S. Legislation On Arbitration And Mediation (12/21/09)
During 2009, the following bills relating to alternative dispute resolution were introduced and are currently being considered by the 111st Congress. Click on the bill number for its text and on the status link to find the bill’s most recent legislative action.

Texas Supreme Court Compels Arbitration Of Employment Discrimination Claims (11/16/09)
The Supreme Court of Texas held that an agreement to arbitrate discrimination claims between an employee and a staffing agency hired by the employer survives the dissolution of the contract between the staffing agency and employer.

Nebraska Supreme Court Refuses to Compel Arbitration in Nursing Home Case (11/09/09)
The present case comes as the U.S. Congress considers the Fairness in Nursing Home Arbitration Act of 2009. This Act would render pre-dispute arbitration clauses in nursing home contracts unenforceable.

Mediating eDiscovery Disputes – Allison Skinner’s Brilliant Idea (11/02/09)
Allison O. Skinner is an attorney and full-time mediator at Sirote & Permutt and has written two outstanding articles about resolving eDiscovery disputes as a Mediator to develop a “Mediated Discovery Plan.” What a great way to help parties take advantage of the mediation process to reduce the out of control costs of eDiscovery and at the same time reach an amicable plan to deal with eDiscovery. Allison has setup a great model that will surely be widely adopted.

Pending U.S. Legislation On Arbitration And Mediation: Update (10/19/09)

Jones V. Halliburton: Fifth Circuit Rules On Arbitration Of Tort Claims By An Employee (09/21/09)
The U.S. Court of Appeals for the Fifth Circuit held that claims for (1) assault and battery; (2) intentional infliction of emotional distress; (3) negligent hiring, retention and supervision of employees involved in a sexual assault; and (4) false imprisonment are not related to the plaintiff’s employment contract and refused to compel arbitration.

President Obama's Health Care Speech: Tort Reform Implications To Arbitration And Mediation (09/14/09)
President Obama’s speech to a joint session of the U.S.Congress delivered on September 9, briefly mentioned a proposal to move the medical malpractice lawsuits out of the court system and before mediators, medical expert panels, and arbitrators. Although we have not been able to find out the details of the plan –it appears that it will be announced within a month– here is what some commentators are saying about it

Bad Faith Mandatory Mediation by Software Developer (08/31/09)
The mandatory mediation provision of the software development agreement seemed like a good idea to me since a mediation conference was required before litigation could be filed. However, it turned out to be a ploy. The California software vendor had a contract for software development for the implementation of a new Enterprise Resource Program (ERP) system for a large company in Mississippi. Unfortunately as things turn out about 65% of the implementation of ERP systems fail, so it was not a surprise to me that the Mississippi customer demanded a refund of the monies paid. In response, the software vendor invoked the mandatory mediation provision. For the mutual inconvenience of everyone the mediation was in Houston, so I traveled from Dallas, the software vendor from California, and the customer from Mississippi.

Creative Mediation For IT Dispute (08/17/09)
After receiving a Temporary Restraining Order (”TRO”) the Judge ordered a mediation conference between the plaintiff software licensor and their customer in Alabama. The software in dispute was a specialized tax website that the plaintiff had spent many years developing, and after defendant abruptly terminated the license the plaintiff was shocked that the defendant had a competing website providing specialized tax services somewhat a kin to the plaintiff. So the trial judge had no trouble issuing a TRO. As oftentimes happens the Judge ordered me to mediate the case since I was a programmer and have a masters in computer science. My law practice of more than 30 years has always been limited to representing buyers and sellers of IT and Internet services.

Fifth Circuit: You Should Not Be Allowed A Second Bite At The Apple Through Arbitration (08/03/09)
The United States Court of Appeals for the Fifth Circuit held that a party waived its right to arbitrate by waiting one year after the suit was filed before seeking to compel arbitration.

The American Arbitration Association Confirms Today That It Supends Arbitration Of Consumer Debt Collection (07/27/09)
The Wall Street Journal reported that on Tuesday, a representative of the American Bar Association (”AAA”) said the organization will stop participating in consumer-debt-collection disputes until “new guidelines are established.”