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Judges Support Reform of Litigation Discovery Rules
March 24, 2014
In the wake of rising litigation costs and overwhelming amounts of electronic data, it may be time to overhaul the rules governing discovery processes in litigation. At least that’s what four out of five of America’s judges think, according to a new survey conducted by the Law and Economics Center at the George Mason University School of Law, with polling by Public Opinion Strategies.
March 24, 2014
In the wake of rising litigation costs and overwhelming amounts of electronic data, it may be time to overhaul the rules governing discovery processes in litigation. At least that’s what four out of five of America’s judges think, according to a new survey conducted by the Law and Economics Center at the George Mason University School of Law, with polling by Public Opinion Strategies.
Tangled Up in Cross-Jurisdictional Restrictive Covenants
March 24, 2014
As the workforce gets more mobile and more global, there may be a corresponding rise in headaches for multinational companies that seek to apply and enforce restrictive covenants in their employment contracts. A new e-book from Mayer Brown indicates that there is plenty of variability in how noncompetes, nonsolicitations and other types of restrictive covenants can be used from state to state and country to country. Mayer Brown’s free e-book “A Global Guide to Restrictive Covenants” [PDF] surveys...
March 24, 2014
As the workforce gets more mobile and more global, there may be a corresponding rise in headaches for multinational companies that seek to apply and enforce restrictive covenants in their employment contracts. A new e-book from Mayer Brown indicates that there is plenty of variability in how noncompetes, nonsolicitations and other types of restrictive covenants can be used from state to state and country to country. Mayer Brown’s free e-book “A Global Guide to Restrictive Covenants” [PDF] surveys...
BREAKING: SCOTUS Denies Cert on Delaware Business Arbitration Program
March 24, 2014
The US Supreme Court denied certiorari this morning in Strine v. Delaware Coalition For Open Government, Inc., thereby upholding the 3rd Circuit Court of Appeals decision declaring the Delaware Business Arbitration Program unconstitutional for failure to make the arbitration proceedings open to the public. You may recall that Delaware had argued the Delaware Business Arbitration program “would effectively end” if the courts mandated public access to the proceedings. It will be interesting...
March 24, 2014
The US Supreme Court denied certiorari this morning in Strine v. Delaware Coalition For Open Government, Inc., thereby upholding the 3rd Circuit Court of Appeals decision declaring the Delaware Business Arbitration Program unconstitutional for failure to make the arbitration proceedings open to the public. You may recall that Delaware had argued the Delaware Business Arbitration program “would effectively end” if the courts mandated public access to the proceedings. It will be interesting...
Court Narrowly Defines Mediation in Attorney Fee Splitting Dispute
March 24, 2014
A New York trial court took a narrow view of mediation in resolving a dispute among co-counsel in which the trial lawyer was to receive 12% of the attorneys’ fees if the case settled at mediation, but 40% if the case settled after mediation. The mediation session began mid-afternoon and stopped later in the day for defendants to seek more authority from their insurer; a final number was agreed on 11 days later with the mediator’s ongoing efforts, three months prior to the scheduled trial. However,...
March 24, 2014
A New York trial court took a narrow view of mediation in resolving a dispute among co-counsel in which the trial lawyer was to receive 12% of the attorneys’ fees if the case settled at mediation, but 40% if the case settled after mediation. The mediation session began mid-afternoon and stopped later in the day for defendants to seek more authority from their insurer; a final number was agreed on 11 days later with the mediator’s ongoing efforts, three months prior to the scheduled trial. However,...
NLRB Files Petition for Rehearing in D.R. Horton (Class Arbitration) Case
March 24, 2014
“The National Labor Relations Board March 13 filed a petition asking the U.S. Court of Appeals for the Fifth Circuit to rehear...
March 24, 2014
“The National Labor Relations Board March 13 filed a petition asking the U.S. Court of Appeals for the Fifth Circuit to rehear...
Michael Wheeler: Best Books on Negotiation
March 23, 2014
1. Streetlights and Shadows: Searching for the Keys to Adaptive Decision Making byGary Klein 2. Everyday Negotiation: Navigating the Hidden Agendas in Bargaining by Deborah Kolb & Judith Williams 3. 3-D Negotiation: Powerful Tools to Change the Game in Your Most Important Deals by David Lax & James Sebenius 4. Bargaining with the Devil byRobert Mnookin 5. Built to Win: Creating a World-Class Negotiating Organizationby Lawrence Susskind &...
March 23, 2014
1. Streetlights and Shadows: Searching for the Keys to Adaptive Decision Making byGary Klein 2. Everyday Negotiation: Navigating the Hidden Agendas in Bargaining by Deborah Kolb & Judith Williams 3. 3-D Negotiation: Powerful Tools to Change the Game in Your Most Important Deals by David Lax & James Sebenius 4. Bargaining with the Devil byRobert Mnookin 5. Built to Win: Creating a World-Class Negotiating Organizationby Lawrence Susskind &...
The Time I Became a Google Apps Referral Partner
March 23, 2014
One of Google’s newest pushes to bring everyone into to “the fold,” is to set up a MLM-like scheme where Apps users harass their friends and family until the acquiesce to join Google Apps. Almost. Actually, what Google’s doing is offering a referral partnerships for current Google Apps users, with the hope they’ll refer their friends, family, and colleagues over to the awesome Google Apps for Business ecosystem. Thus, if you’re thinking about Google Apps (and why shouldn’t...
March 23, 2014
One of Google’s newest pushes to bring everyone into to “the fold,” is to set up a MLM-like scheme where Apps users harass their friends and family until the acquiesce to join Google Apps. Almost. Actually, what Google’s doing is offering a referral partnerships for current Google Apps users, with the hope they’ll refer their friends, family, and colleagues over to the awesome Google Apps for Business ecosystem. Thus, if you’re thinking about Google Apps (and why shouldn’t...
FINRA Issues Warning on Bitcoin and Digital Currency
March 23, 2014
The Financial Industry Regulatory Authority issued an investor alert this week about the risks of buying and speculating...
March 23, 2014
The Financial Industry Regulatory Authority issued an investor alert this week about the risks of buying and speculating...
UMich Law Student Makes Case Brief App
March 23, 2014
Necessity, and occasionally tedious tasks, can be the mothers of invention. In an entry onLawSites, attorney Robert Ambrogi says the latter led a third-year law student at the University of Michigan Law School to invent an iPad app that automates the creation of case briefs. According to Ambrogi, David Lutz was looking to simplify the process of printing out case PDFs, annotating them and then typing the information into the brief. So he came up with BriefCase. He says the app allows you to annotate...
March 23, 2014
Necessity, and occasionally tedious tasks, can be the mothers of invention. In an entry onLawSites, attorney Robert Ambrogi says the latter led a third-year law student at the University of Michigan Law School to invent an iPad app that automates the creation of case briefs. According to Ambrogi, David Lutz was looking to simplify the process of printing out case PDFs, annotating them and then typing the information into the brief. So he came up with BriefCase. He says the app allows you to annotate...
ADR Prof Mount Rushmore
March 23, 2014
There’s recently been a lot of discussion of who should be on the “Mount Rushmore” of sports which has resulted in lots...
March 23, 2014
There’s recently been a lot of discussion of who should be on the “Mount Rushmore” of sports which has resulted in lots...
