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September 2025 Welcome Welcome to readers of Making the Connection!     In this issue, you will find:  In Focus:  Portraits and the Antecedents of Social Networking Question of the Month, about responding to bullying behavior Case on Point,  discussing the limits of judicial authority under the Federal Arbitration Act At the Podium, listing my speaking engagements and public appearances Client Corner, spotlighting client events and announcements In Focus Portraits and the Antecedents of Social Networking In 1971, Rod Stewart released the song "Every Picture Tells a Story" describing his travels and romantic adventures as a young man. He might have been anticipating the advent of Instagram® and social media influencers. Or, he could have been describing the portraits of royalty and other prominent people on display at the National Portrait Gallery in London documenting the history of Great Britiain over the last six centures. While the portraits are enjoyable as art, the stories behind them are fascinating. Sometimes, the portraits were commissioned by their royal or prominent subjects to convey a message or utilize in negotiations, especially in support of marriage proposals.  The hidden messages are conveyed by the depiction of religious and royal symbols, attire, tools,  weapons, animals and the overall composition of the portrait. Sometimes, the portraits were commissioned by people trying to curry favor with or provide support to royalty or other prominent people.  As time went on, the portraits were often painted with the artist's political purposes in mind. They could be caricatures intended as political commentary, or miniatures exchanged or displayed to express political loyalties. The advent of photography democratized portraiture, allowing everyone to have their portrait done, and perhaps anticipating the ubiquitous "selfies" of today. Question of the Month Q: What can we learn about responding to bullying from the U.S. Open? A: When Jelena Ostapenko lost to Taylor Townsend in singles at the U.S. Open, she exploded in anger at Townsend in a post-match exchange. As she later explained, Ostapenko was annoyed by Townsend's failure to apologize for a netcord winner and her preference for starting her warm-up at the net (neither of which violated applicable rules). Ostapenko, wagging her finger in Townsend's face, accused Townsend of lacking education and class. Rather than escalate the situation, Townsend walked away and celebrated her win. After the incident, other players chimed in to support Townsend, praising her sense of sportsmanship and criticizing Ostapenko's choice of words.  They refrained from personal attacks on Ostapenko. This allowed the situation to cool down, and provided space for Ostapenko to apologize for her unfortunate remarks. Case On Point Frazier v. X Corp. (U.S. Ct. of App. for the 2d Cir. 2025) Plaintiffs filed with JAMS for arbitration of their employment related claims against X Corp. The arbitration agreement both provided for pro rata allocation of arbitral fees and incorporated the JAMS rules which required employers to pay those fees. The agreement also delegated responsibility to the arbitrator to resolve any disputes regarding the allocation or payment of fees. When defendant refused  to pay alll of the fees, JAMS refused to appoint an arbitrator, and suspended the proceedings. Plaintiffs filed suit seeking a court order compelling X Corp. to pay the fees.  Plaintiffs contended the failure to pay fees was a "refusal to arbitrate" under the Federal Arbitration Act.  The district court agreed and issued the requested order compelling payment of the fees. The Court of Appeals reversed. It held that the refusal to pay fees was not equivalent to a refusal to arbitrate and that the district court lacked jurisdiction to issue its order. In so ruling, the Court observed: The parties' agreement allocated resolution of fees related issues to the arbitrator; The Plaintiffs could have advanced the fees and requested that any award require X Corp. to repay them; and Plaintiffs also could have requested JAMS to terminate the arbitration and pursued their remedies in court. ___________________________________________________________________________________________________ At the Podium This is a listing of speaking engagements, workshops, events and other public appearances.  To book me as a speaker or facilitator at your next company, client or association function, contact me at lisa@lisapom.com.             On September 4, 2025, at 7pm EDT, I will speak on  Everyday Ethics for Consultants to the IEEE Consultants Network of Long Island. Click here for information and registration. I am again teaching Employment Law at Texas A&M Law School this fall.  ________________________________________________________________________________________________________________________________________ Client Corner Client Corner features client announcements and events of potential interest to readers.   On September 11, 2025, Moxxie Network will host a Midday with Moxxie networking luncheon at Carpaccio Restaurant in Huntington Station, New York. Click here for information and registration. © 2025, Lisa Renee Pomerantz. All rights reserved.

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