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Will Microsoft Products Continue to Dominate the Legal Market?
April 19, 2014
Report Findings: Cloud-based mailboxes powered by Microsoft Exchange Server technology represent 31 percent of all worldwide business cloud mailboxes. Cloud-based messaging is expected to represent 43 percent of worldwide business mailboxes by 2018. Microsoft leads in the on-premise messaging and collaboration market with Exchange Server platform, which has a 64 percent market share. Over the next four years, it’s expected to increase to 76 percent. Exchange Server 2013 is not being...
April 19, 2014
Report Findings: Cloud-based mailboxes powered by Microsoft Exchange Server technology represent 31 percent of all worldwide business cloud mailboxes. Cloud-based messaging is expected to represent 43 percent of worldwide business mailboxes by 2018. Microsoft leads in the on-premise messaging and collaboration market with Exchange Server platform, which has a 64 percent market share. Over the next four years, it’s expected to increase to 76 percent. Exchange Server 2013 is not being...
“Google Glass” – 10 Myths Debunked
April 19, 2014
In order to set the record straight Google felt compelled to debunk myths which “can be fun, but they can also be confusing or unsettling” so on March 20, 2014 Google listed “The Top 10 Google Glass Myths.” eWeek reported concerns that have been raised including: Glass devices have received some serious criticism while being used in public, including outright bans in some bars, restaurants and other businesses, as well as privacy concerns from some people who just don’t like the idea...
April 19, 2014
In order to set the record straight Google felt compelled to debunk myths which “can be fun, but they can also be confusing or unsettling” so on March 20, 2014 Google listed “The Top 10 Google Glass Myths.” eWeek reported concerns that have been raised including: Glass devices have received some serious criticism while being used in public, including outright bans in some bars, restaurants and other businesses, as well as privacy concerns from some people who just don’t like the idea...
Theory: The Time Was Never Better to Enroll in Law School
April 19, 2014
Is now the ideal time to enroll in law school? Steven Freedman, assistant dean for admissions at the University of Kansas School of Law, has been making the counterintuitive case that it is. In a series of posts on the law professor blog The Faculty Lounge, he argues that the relatively small number of people set to graduate with J.D.s in 2017 will mean better job prospects for those who do. In short, the supply of new lawyers will be much more closely aligned with the demand for their services...
April 19, 2014
Is now the ideal time to enroll in law school? Steven Freedman, assistant dean for admissions at the University of Kansas School of Law, has been making the counterintuitive case that it is. In a series of posts on the law professor blog The Faculty Lounge, he argues that the relatively small number of people set to graduate with J.D.s in 2017 will mean better job prospects for those who do. In short, the supply of new lawyers will be much more closely aligned with the demand for their services...
The McCarran-Ferguson Act and Reverse Preemption Part V
April 18, 2014
In 2010, the PPACA was signed into law.[1] The PPACA was enacted with the goals of increasing the quality and affordability of health insurance, lowering the uninsured rate by expanding public and private insurance coverage, and reducing the costs of healthcare for individuals and the government.[2] The PPACA marks the first federal law to comprehensively regulate the business of insurance since the enactment of the McCarran-Ferguson Act in 1945.[3] The first prong of the McCarran-Ferguson...
April 18, 2014
In 2010, the PPACA was signed into law.[1] The PPACA was enacted with the goals of increasing the quality and affordability of health insurance, lowering the uninsured rate by expanding public and private insurance coverage, and reducing the costs of healthcare for individuals and the government.[2] The PPACA marks the first federal law to comprehensively regulate the business of insurance since the enactment of the McCarran-Ferguson Act in 1945.[3] The first prong of the McCarran-Ferguson...
The McCarran-Ferguson Act and Reverse Preemption Part IV
April 18, 2014
In Am. Bankers Ins. Co. v. Inman,[1] the Fifth Circuit was asked to determine whether Miss. Code Ann. § 83-11-109 (2013)[2] reverse preempts the FAA. Ultimately, the court held that Miss. Code Ann. § 83-11-109 (2013) does in fact reverse preempt the FAA.[3] The appellant argued that Miss. Code Ann. § 83-11-109 (2013) does not reverse preempt the FAA via the McCarran-Ferguson Act.[4] Specifically, the appellant argued that Miss. Code Ann. § 83-11-109 (2013) does not “regulat[e]...
April 18, 2014
In Am. Bankers Ins. Co. v. Inman,[1] the Fifth Circuit was asked to determine whether Miss. Code Ann. § 83-11-109 (2013)[2] reverse preempts the FAA. Ultimately, the court held that Miss. Code Ann. § 83-11-109 (2013) does in fact reverse preempt the FAA.[3] The appellant argued that Miss. Code Ann. § 83-11-109 (2013) does not reverse preempt the FAA via the McCarran-Ferguson Act.[4] Specifically, the appellant argued that Miss. Code Ann. § 83-11-109 (2013) does not “regulat[e]...
The McCarran-Ferguson Act and Reverse Preemption Part III
April 18, 2014
As prior discussion suggests, a mechanism for avoiding the preemptive effect of the FAA on state insurance law is found in the McCarran-Ferguson Act, which provides for reverse preemption of federal law by state insurance law in the following manner: No Act of Congress shall be construed to invalidate, impair or supersede any law enacted by any State for the purpose of regulating the business of insurance . . . unless such Act specifically relates to the business of insurance . . . .[1] In...
April 18, 2014
As prior discussion suggests, a mechanism for avoiding the preemptive effect of the FAA on state insurance law is found in the McCarran-Ferguson Act, which provides for reverse preemption of federal law by state insurance law in the following manner: No Act of Congress shall be construed to invalidate, impair or supersede any law enacted by any State for the purpose of regulating the business of insurance . . . unless such Act specifically relates to the business of insurance . . . .[1] In...
The McCarran-Ferguson Act and Reverse Preemption Part II
April 18, 2014
Arbitration in the United States, in some shape or form, has been around since the early 20th century.[1]Incorporating both...
April 18, 2014
Arbitration in the United States, in some shape or form, has been around since the early 20th century.[1]Incorporating both...
The McCarran-Ferguson Act and Reverse Preemption Part I
April 18, 2014
This paper discusses the McCarran-Ferguson Act generally, the Federal Arbitration Act (“FAA”) generally, and the reverse preemption of the FAA via the McCarran-Ferguson Act specifically. Reverse preemption of the FAA via the McCarran-Ferguson Act sounds facially confusing at the outset. In order to better understand and flesh-out reverse preemption of the FAA via the McCarran-Ferguson Act, two case studies are presented, namely: one case study finding reverse preemption of the FAA via the McCarran-Ferguson...
April 18, 2014
This paper discusses the McCarran-Ferguson Act generally, the Federal Arbitration Act (“FAA”) generally, and the reverse preemption of the FAA via the McCarran-Ferguson Act specifically. Reverse preemption of the FAA via the McCarran-Ferguson Act sounds facially confusing at the outset. In order to better understand and flesh-out reverse preemption of the FAA via the McCarran-Ferguson Act, two case studies are presented, namely: one case study finding reverse preemption of the FAA via the McCarran-Ferguson...
Ethereum – A Revolutionary New Platform for Applications
April 17, 2014
“A new “Lego of crypto-finance” enables users to design social contracts” For more read this article in Aljazeera...
April 17, 2014
“A new “Lego of crypto-finance” enables users to design social contracts” For more read this article in Aljazeera...
Mandatory Mediation Initiative at the Bankruptcy Court for the District of New Jersey
April 17, 2014
At a recent meeting of the Dispute Resolution Committee of the ABA Business Law Section, a new mandatory mediation initiative was presented that may be unique in scale in structure. Judge Michael Kaplan of the US Bankruptcy Court for the District of New Jersey explained the program, along with consultants Suzanne McSorley and Laura Kaster. Judge Kaplan described certain rule changes for the court, pursuant to which all adversary proceedings or contested matters initiated after May 1, 2014, will...
April 17, 2014
At a recent meeting of the Dispute Resolution Committee of the ABA Business Law Section, a new mandatory mediation initiative was presented that may be unique in scale in structure. Judge Michael Kaplan of the US Bankruptcy Court for the District of New Jersey explained the program, along with consultants Suzanne McSorley and Laura Kaster. Judge Kaplan described certain rule changes for the court, pursuant to which all adversary proceedings or contested matters initiated after May 1, 2014, will...
