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Five Things That Should Be In Your Arbitration Agreement
September 16, 2016
Five Things That Should Be In Your Arbitration Agreement A clear statement of the “scope” of the arbitration agreement — what kinds of disputes the parties are willing to arbitrate. The rules that will govern the arbitration. The rules of the arbitration impact every aspect of the proceeding, including the court’s jurisdiction over issues of arbitrability. So, identify the rules. And please make sure they are rules that actually exist somewhere. The location of the arbitration...
September 16, 2016
Five Things That Should Be In Your Arbitration Agreement A clear statement of the “scope” of the arbitration agreement — what kinds of disputes the parties are willing to arbitrate. The rules that will govern the arbitration. The rules of the arbitration impact every aspect of the proceeding, including the court’s jurisdiction over issues of arbitrability. So, identify the rules. And please make sure they are rules that actually exist somewhere. The location of the arbitration...
The Ninth Circuit Reaffirms Federal Mediation Privilege
September 15, 2016
Once again, the Ninth Circuit Court of Appeals has held that pursuant to Federal Rule of Evidence 501, federal privilege law applies to a claim of mediation confidentiality in an action involving both federal and state law claims. In In Re: TFT-LCD (Flat Panel) Antitrust Litigation, Case No. 14-15916 (filed September 1, 2016), the Ninth Circuit reversed the district court’s order denying plaintiff’s motion for summary judgment which sought to enforce a settlement agreement and remanded for further...
September 15, 2016
Once again, the Ninth Circuit Court of Appeals has held that pursuant to Federal Rule of Evidence 501, federal privilege law applies to a claim of mediation confidentiality in an action involving both federal and state law claims. In In Re: TFT-LCD (Flat Panel) Antitrust Litigation, Case No. 14-15916 (filed September 1, 2016), the Ninth Circuit reversed the district court’s order denying plaintiff’s motion for summary judgment which sought to enforce a settlement agreement and remanded for further...
Class Action Checklist
September 15, 2016
I developed a class action checklist designed to assist my clients in thinking through the issues necessary to settle their...
September 15, 2016
I developed a class action checklist designed to assist my clients in thinking through the issues necessary to settle their...
ADR Section Roadshow at St. Mary’s Law School
September 15, 2016
The Alternative Dispute Resolution Section is pleased to announce the State Bar of Texas ADR Section Roadshow: Mediation, Arbitration, Ethics, and More at St. Mary's University! St. Mary's Law School - Room LC105 September 19, 2016 Noon-2:15 p.m. Lunch will be provided. Sponsored by the ADR Section of the State Bar of Texas along with the San Antonio Bar Association's Alternative Dispute Resolution Section. Presented by Co-Chairs: Lionel Schooler and Jerry King, Chair of the San Antonio...
September 15, 2016
The Alternative Dispute Resolution Section is pleased to announce the State Bar of Texas ADR Section Roadshow: Mediation, Arbitration, Ethics, and More at St. Mary's University! St. Mary's Law School - Room LC105 September 19, 2016 Noon-2:15 p.m. Lunch will be provided. Sponsored by the ADR Section of the State Bar of Texas along with the San Antonio Bar Association's Alternative Dispute Resolution Section. Presented by Co-Chairs: Lionel Schooler and Jerry King, Chair of the San Antonio...
Avvo Wins First Amendment Fight, As Judge Compares It To Sports Illustrated
September 14, 2016
A federal court has dismissed a putative class action against Avvo under the Illinois Right of Publicity Act, ruling that Avvo’s lawyer listings are comparable to the editorial content in Sports Illustrated and deserving of the same First Amendment protection. This is the second time in six weeks in which a right-of-publicity class action against Avvo has been dismissed. Lawyer John Vrdolyak filed the lawsuit in the Northern District of Illinois, alleging that Avvo was using his identity for commercial...
September 14, 2016
A federal court has dismissed a putative class action against Avvo under the Illinois Right of Publicity Act, ruling that Avvo’s lawyer listings are comparable to the editorial content in Sports Illustrated and deserving of the same First Amendment protection. This is the second time in six weeks in which a right-of-publicity class action against Avvo has been dismissed. Lawyer John Vrdolyak filed the lawsuit in the Northern District of Illinois, alleging that Avvo was using his identity for commercial...
Five Biggest Surprises In Arbitration Law
September 14, 2016
The Arbitrator (and not a court) likely has authority to decide whether the parties must arbitrate and whether their...
September 14, 2016
The Arbitrator (and not a court) likely has authority to decide whether the parties must arbitrate and whether their...
Gambling that a Verdict Sticks
September 14, 2016
The Chicago firm, whose $1.4 billion assets under management make it the largest litigation funder in the world, is betting it can collect against a $213 million lower court judgment that's headed for appeal, giving it a nearly 91 percent rate of return. But if the New York court rules against the party backed by Gerchen Keller's capital, the firm receives nothing. Litigation financing has received increased exposure this year after billionaire Peter Thiel revealed he financed litigation against...
September 14, 2016
The Chicago firm, whose $1.4 billion assets under management make it the largest litigation funder in the world, is betting it can collect against a $213 million lower court judgment that's headed for appeal, giving it a nearly 91 percent rate of return. But if the New York court rules against the party backed by Gerchen Keller's capital, the firm receives nothing. Litigation financing has received increased exposure this year after billionaire Peter Thiel revealed he financed litigation against...
Non-Apology Apologies, Part 2
September 13, 2016
Wells Fargo provides another example of a corporate non-apology. It created thousands of “sham accounts” over a period of years. Following investigation by prosecutors and regulators, it refunded money to customers and paid a substantial fine, as described by the New York Times. “Wells Fargo was flowing with regrets on Friday, taking out ads in nearly a dozen newspapers saying the bank took “full responsibility” for creating sham bank accounts without its customers’ permission. “The...
September 13, 2016
Wells Fargo provides another example of a corporate non-apology. It created thousands of “sham accounts” over a period of years. Following investigation by prosecutors and regulators, it refunded money to customers and paid a substantial fine, as described by the New York Times. “Wells Fargo was flowing with regrets on Friday, taking out ads in nearly a dozen newspapers saying the bank took “full responsibility” for creating sham bank accounts without its customers’ permission. “The...
Non-Apology Apologies
September 13, 2016
The law generally doesn’t do much to promote apologies. They aren’t included in the panoply of remedies that judges can impose on unwilling parties. Even if courts could order parties to apologize, the apologies probably would be of the unsatisfying tell-your-sister-you’re-sorry variety. Professor Jonathan Cohen has written wonderful pieces on The Immorality of Denial, 79 Tul. L. Rev. 903 (2005) and The Culture of Legal Denial, 84 Neb. L. Rev. 247 (2005), describing how it has become...
September 13, 2016
The law generally doesn’t do much to promote apologies. They aren’t included in the panoply of remedies that judges can impose on unwilling parties. Even if courts could order parties to apologize, the apologies probably would be of the unsatisfying tell-your-sister-you’re-sorry variety. Professor Jonathan Cohen has written wonderful pieces on The Immorality of Denial, 79 Tul. L. Rev. 903 (2005) and The Culture of Legal Denial, 84 Neb. L. Rev. 247 (2005), describing how it has become...
Building The Market’s Largest Litigation Financing Firm
September 12, 2016
Though litigation finance has recently been thrust into the media spotlight by Peter Thiel’s backing of Terry Bollea – AKA “Hulk Hogan” – in his suit against Gawker, cause-related public advocacy litigation funding like this has been practiced in the U.S. for decades. A bit further beneath the radar – and not to be confused with advocacy-based litigation funding – is the fast growing practice of commercial litigation finance. In this burgeoning field, the goal is economic gain,...
September 12, 2016
Though litigation finance has recently been thrust into the media spotlight by Peter Thiel’s backing of Terry Bollea – AKA “Hulk Hogan” – in his suit against Gawker, cause-related public advocacy litigation funding like this has been practiced in the U.S. for decades. A bit further beneath the radar – and not to be confused with advocacy-based litigation funding – is the fast growing practice of commercial litigation finance. In this burgeoning field, the goal is economic gain,...
