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Tweets Track Secret Edits to SCOTUS Opinions
June 18, 2014
Last month, a collective “Really!?” rolled through the U.S. legal community when Harvard Law Professor Richard J. Lazarus published his study — and Adam Liptak reported it in The New York Times — revealing that the Supreme Court sometimes quietly revises its opinions years after they were issued, sometimes in ways that result in “truly substantive changes in factual statements and legal reasoning.” Yes, it turns out that bedrock law you relied on may be a bit looser than anyone knew....
June 18, 2014
Last month, a collective “Really!?” rolled through the U.S. legal community when Harvard Law Professor Richard J. Lazarus published his study — and Adam Liptak reported it in The New York Times — revealing that the Supreme Court sometimes quietly revises its opinions years after they were issued, sometimes in ways that result in “truly substantive changes in factual statements and legal reasoning.” Yes, it turns out that bedrock law you relied on may be a bit looser than anyone knew....
Why Judges Should Monitor Enforcement Settlements
June 18, 2014
Two weeks ago the Second Circuit Court of Appeals upended a ruling by Manhattan District Judge Jed Rakoff rejecting a U.S. Securities and Exchange Commission settlement with Citigroup Inc. based on an inadequate factual basis. To evaluate the decision in simple, Martha Stewart terms: that’s not a good thing. Both The New York Times and Wall Street Journal touted the impact of Rakoff’s ruling on future settlements—including the SEC’s revised policy on corporate admissions. The Second Circuit...
June 18, 2014
Two weeks ago the Second Circuit Court of Appeals upended a ruling by Manhattan District Judge Jed Rakoff rejecting a U.S. Securities and Exchange Commission settlement with Citigroup Inc. based on an inadequate factual basis. To evaluate the decision in simple, Martha Stewart terms: that’s not a good thing. Both The New York Times and Wall Street Journal touted the impact of Rakoff’s ruling on future settlements—including the SEC’s revised policy on corporate admissions. The Second Circuit...
Don’t Underestimate Lawyers’ Resistance to Change, Seyfarth Shaw Chairman Says
June 17, 2014
Seyfarth Shaw has learned a lot about lawyers and their resistance to change as the firm embraced Lean Six Sigma, a management approach emphasizing process improvement and efficiency in legal work. Seyfarth Shaw chairman J. Stephen Poor outlines the lessons learned in an article for the New York Times DealBook blog. “Never underestimate the resistance to change from lawyers,” he writes. “Even more likely, never underestimate the ability of lawyers to describe virtual status quo efforts as revolutionary...
June 17, 2014
Seyfarth Shaw has learned a lot about lawyers and their resistance to change as the firm embraced Lean Six Sigma, a management approach emphasizing process improvement and efficiency in legal work. Seyfarth Shaw chairman J. Stephen Poor outlines the lessons learned in an article for the New York Times DealBook blog. “Never underestimate the resistance to change from lawyers,” he writes. “Even more likely, never underestimate the ability of lawyers to describe virtual status quo efforts as revolutionary...
Law Firms Can’t Call Nonlawyers ‘CEO’ or ‘Chief Technology Officer,’ Texas Ethics Opinion Says
June 17, 2014
Law firms operating in Texas can’t use titles such as “chief executive officer” or “chief technology officer” for nonlawyer managers, according to an ethics opinion by the Texas bar’s ethics committee. The ethics opinion says firms shouldn’t use “officer” in nonlawyer titles because the word indicates the person has the power to control either the entire law firm or significant areas of the firm’s operations. Nor can law firms use the word “principal” to describe nonlawyer...
June 17, 2014
Law firms operating in Texas can’t use titles such as “chief executive officer” or “chief technology officer” for nonlawyer managers, according to an ethics opinion by the Texas bar’s ethics committee. The ethics opinion says firms shouldn’t use “officer” in nonlawyer titles because the word indicates the person has the power to control either the entire law firm or significant areas of the firm’s operations. Nor can law firms use the word “principal” to describe nonlawyer...
Can You Force Whistleblower Arbitration? Maybe
June 17, 2014
Does a generally worded arbitration or mediation clause in your employment contracts cover whistleblower retaliation claims? Not according to the outcome of a recent case, explains Calfee Halter & Griswold partner, Virginia Davidson. On Lexology, she discusses a U.S. Court of Appeals for the Sixth Circuit decision in which the court ruled that BAE Systems Technology Solutions & Services, Inc.’s contracts didn’t hold enough water. She says the case involved a retired Army major and an illustrator...
June 17, 2014
Does a generally worded arbitration or mediation clause in your employment contracts cover whistleblower retaliation claims? Not according to the outcome of a recent case, explains Calfee Halter & Griswold partner, Virginia Davidson. On Lexology, she discusses a U.S. Court of Appeals for the Sixth Circuit decision in which the court ruled that BAE Systems Technology Solutions & Services, Inc.’s contracts didn’t hold enough water. She says the case involved a retired Army major and an illustrator...
New AAA Rules Provide Straightforward Guidelines for Appeals
June 17, 2014
The American Arbitration Association (AAA) has adopted rules, effective November 1, 2013, providing parties to commercial and construction arbitrations with an optional process for appealing an arbitration award. Except for the occasional inclusion of an ad hoc private appeal process in a contractual ADR provision, or unique state statutes, there have been limited opportunities for appellate review of the “merits” of arbitration awards. With increasing frequency, parties dissatisfied with...
June 17, 2014
The American Arbitration Association (AAA) has adopted rules, effective November 1, 2013, providing parties to commercial and construction arbitrations with an optional process for appealing an arbitration award. Except for the occasional inclusion of an ad hoc private appeal process in a contractual ADR provision, or unique state statutes, there have been limited opportunities for appellate review of the “merits” of arbitration awards. With increasing frequency, parties dissatisfied with...
How to Negotiate with Someone More Powerful than You
June 17, 2014
Going into a negotiation with someone who holds more power than you do can be a daunting prospect. Whether you are asking your boss for a new assignment or attempting to land a major business deal with a client, your approach to the negotiation can dramatically affect your chances of success. How can you make the best case for what you want? What the Experts Say Buck yourself up Understand your goals and theirs Prepare, prepare, prepare Listen and ask questions Keep your cool Stay...
June 17, 2014
Going into a negotiation with someone who holds more power than you do can be a daunting prospect. Whether you are asking your boss for a new assignment or attempting to land a major business deal with a client, your approach to the negotiation can dramatically affect your chances of success. How can you make the best case for what you want? What the Experts Say Buck yourself up Understand your goals and theirs Prepare, prepare, prepare Listen and ask questions Keep your cool Stay...
Tech Blamed for McDermott Pink Slips
June 16, 2014
McDermott Will & Emery, a 1,100-lawyer firm based out of Chicago, has laid off 25 secretaries in 20 offices in the name of efficiency, reported by David Lat in Above the Law. “It is clear that the role of legal secretary has changed significantly in recent years as technology has allowed lawyers work with less need for administrative support,” said McDermott COO Bob Koenen in a statement. The decision, he said, was necessary “in order to adjust to the new marketplace realities.” Read...
June 16, 2014
McDermott Will & Emery, a 1,100-lawyer firm based out of Chicago, has laid off 25 secretaries in 20 offices in the name of efficiency, reported by David Lat in Above the Law. “It is clear that the role of legal secretary has changed significantly in recent years as technology has allowed lawyers work with less need for administrative support,” said McDermott COO Bob Koenen in a statement. The decision, he said, was necessary “in order to adjust to the new marketplace realities.” Read...
Patent Litigation Damages Awards: Trends, Strategies, Tactics, Results
June 16, 2014
Damages awards in district court patent cases continue to skyrocket - and not just in headline-grabbing cases. In 2013, average...
June 16, 2014
Damages awards in district court patent cases continue to skyrocket - and not just in headline-grabbing cases. In 2013, average...
ABA Webinar: Preparing for Mediation: Spending Client Dollars Wisely
June 16, 2014
Panelist(s): John M Barkett Maura A Smith Therese Vande Hey This program will cover the attributes of good preparation for mediation. Some of the topics include: Proper evaluation of the claims or defenses Identifying critical legal issues Understanding evidentiary problems And several more elements necessary for thorough preparation How important is preparation to the success of mediation? If the goal is a successful mediation, the answer is, "very." Yet invariably one party,...
June 16, 2014
Panelist(s): John M Barkett Maura A Smith Therese Vande Hey This program will cover the attributes of good preparation for mediation. Some of the topics include: Proper evaluation of the claims or defenses Identifying critical legal issues Understanding evidentiary problems And several more elements necessary for thorough preparation How important is preparation to the success of mediation? If the goal is a successful mediation, the answer is, "very." Yet invariably one party,...
