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Texas Supreme Court Changes Mind, Tackles Arbitration Appeal
January 10, 2017
The Texas Supreme Court has reversed course, deciding it will hear an energy company’s challenge to a $16 million arbitration award over drilling waste pollution on a South Texas ranch. The neutrality of an arbitrator and the panel’s jurisdiction over the dispute are among the issues raised by Forest Oil, which is now part of Houston’s Sabine Oil & Gas Corporation. The company sought a rehearing after the Supreme Court in May declined to review the arbitration. It’s the latest twist...
January 10, 2017
The Texas Supreme Court has reversed course, deciding it will hear an energy company’s challenge to a $16 million arbitration award over drilling waste pollution on a South Texas ranch. The neutrality of an arbitrator and the panel’s jurisdiction over the dispute are among the issues raised by Forest Oil, which is now part of Houston’s Sabine Oil & Gas Corporation. The company sought a rehearing after the Supreme Court in May declined to review the arbitration. It’s the latest twist...
What the Contract says is a “Product,” is a Product.
January 9, 2017
Two manufacturers of baby products (specifically, pacifiers and “sippy cups”), disputed the enforcement of a contract provision that said: “Distributor hereby acknowledges and agrees not to copy or utilize any of LNC’s . . . product design . . . without LNC’s written permission.” While “the district court imposed the requirement that the design be either confidential or protectable as intellectual property in order to fall within the definition of ‘product design,'” the Fifth Circuit...
January 9, 2017
Two manufacturers of baby products (specifically, pacifiers and “sippy cups”), disputed the enforcement of a contract provision that said: “Distributor hereby acknowledges and agrees not to copy or utilize any of LNC’s . . . product design . . . without LNC’s written permission.” While “the district court imposed the requirement that the design be either confidential or protectable as intellectual property in order to fall within the definition of ‘product design,'” the Fifth Circuit...
TED: Women Don’t Negotiate and Other Similar Nonsense | Andrea Schneider
January 9, 2017
There are several false assumptions about gender and negotiation - that women do not negotiate; that women cannot negotiate effectively; and that women should not negotiate. In fact, these are myths. Andrea Schneider debunks these assumptions and more, as she discussed gender and its role in negotiation. Andrea Schneider, Professor of Law at Marquette University Law School, teaches Dispute Resolution, Negotiation, Ethics, and International Conflict Resolution. She also runs Marquette’s nationally...
January 9, 2017
There are several false assumptions about gender and negotiation - that women do not negotiate; that women cannot negotiate effectively; and that women should not negotiate. In fact, these are myths. Andrea Schneider debunks these assumptions and more, as she discussed gender and its role in negotiation. Andrea Schneider, Professor of Law at Marquette University Law School, teaches Dispute Resolution, Negotiation, Ethics, and International Conflict Resolution. She also runs Marquette’s nationally...
Texas Business Bankruptcies Spiked, then Tapered Off in 2016
January 9, 2017
For the second year in a row, bankruptcies involving Texas-based companies significantly increased in 2016 – though the number...
January 9, 2017
For the second year in a row, bankruptcies involving Texas-based companies significantly increased in 2016 – though the number...
Learn from These Celebrities’ Estate-Planning Mistakes
January 8, 2017
Average Americans make estate-planning mistakes all the time, but when a celebrity makes them, we are sure to hear about it, and each story can leave us with some estate-planning wisdom. The biggest lesson of 2016 is one that we can all learn from Prince—you must have an estate plan! The singer died without his own estate plan, which gave large sums of money to attorneys, banks, and the government. Further, it is important to update your estate plan to account for your beneficiaries’ life situation....
January 8, 2017
Average Americans make estate-planning mistakes all the time, but when a celebrity makes them, we are sure to hear about it, and each story can leave us with some estate-planning wisdom. The biggest lesson of 2016 is one that we can all learn from Prince—you must have an estate plan! The singer died without his own estate plan, which gave large sums of money to attorneys, banks, and the government. Further, it is important to update your estate plan to account for your beneficiaries’ life situation....
A Technician in the Robot Revolution
January 8, 2017
The machines have already consolidated their gains in automated industries and are continuing their migration into white-collar work. Artificial intelligence (AI) and cognitive computing, the “next generation” of computing, will render most paperwork (and pushers of paper) redundant. Even contracts, the bread and butter of most lawyers, will be automated—there are already small-scale examples of self-executing “smart contracts.” In terms of litigation, not only are computers demonstrating...
January 8, 2017
The machines have already consolidated their gains in automated industries and are continuing their migration into white-collar work. Artificial intelligence (AI) and cognitive computing, the “next generation” of computing, will render most paperwork (and pushers of paper) redundant. Even contracts, the bread and butter of most lawyers, will be automated—there are already small-scale examples of self-executing “smart contracts.” In terms of litigation, not only are computers demonstrating...
Data in Divorce
January 8, 2017
From the New York Times: A marriage is not just the union of two people. It is also the union of their data. And when they divorce, the data often gets spilled. The electorate is now witnessing a vivid example of this, arising from the separation of Anthony D. Weiner, a former congressman, and Huma Abedin, a top aide to Hillary Clinton. The F.B.I. is poring over their emails with a presidential election just days away. Divorce lawyers and data analysts interviewed on Monday said less public versions...
January 8, 2017
From the New York Times: A marriage is not just the union of two people. It is also the union of their data. And when they divorce, the data often gets spilled. The electorate is now witnessing a vivid example of this, arising from the separation of Anthony D. Weiner, a former congressman, and Huma Abedin, a top aide to Hillary Clinton. The F.B.I. is poring over their emails with a presidential election just days away. Divorce lawyers and data analysts interviewed on Monday said less public versions...
Article on Digital Assets Legislation
January 7, 2017
Matthew W. Costello recently published an Article entitled, The “PEAC” of Digital Estate Legislation in the United States:...
January 7, 2017
Matthew W. Costello recently published an Article entitled, The “PEAC” of Digital Estate Legislation in the United States:...
Is the Law Firm Financial Model Unsustainable?
January 7, 2017
The answer may be yes. From the ABA Journal online: Law firm partners are reaping “soaring” profits amid flat demand for law firm services, creating “an unsustainable model” for law firms, according to the co-founder of a company that developed virtual workplace technology. Writing at Forbes, Mark Cohen says an increasing percentage of legal services are being provided outside of law firms, even as partners are earning more. Law firms, he asserts, “have an unsustainable model that remains...
January 7, 2017
The answer may be yes. From the ABA Journal online: Law firm partners are reaping “soaring” profits amid flat demand for law firm services, creating “an unsustainable model” for law firms, according to the co-founder of a company that developed virtual workplace technology. Writing at Forbes, Mark Cohen says an increasing percentage of legal services are being provided outside of law firms, even as partners are earning more. Law firms, he asserts, “have an unsustainable model that remains...
LegalZoom® Has a New Business Model
January 7, 2017
LegalZoom® which started as a legal document web site based on individual transactions is gradually shifting towards a new business...
January 7, 2017
LegalZoom® which started as a legal document web site based on individual transactions is gradually shifting towards a new business...
