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Dropbox adds Arbitration Clause to its Terms of Service
March 20, 2014
I have a Dropbox account and use it to store a lot of my cloud-based documents. Dropbox emailed its users late last week, announcing changes to its Terms of Service, including the addition of an arbitration clause. Notably, the clause included submission of disputes to the AAA for arbitration, a right to opt out within 30 days, an agreement that Dropbox will pay all arbitration fees for claims of less than $75,000, a “bonus” payment of $1,000 if the award is greater than any Dropbox offer...
March 20, 2014
I have a Dropbox account and use it to store a lot of my cloud-based documents. Dropbox emailed its users late last week, announcing changes to its Terms of Service, including the addition of an arbitration clause. Notably, the clause included submission of disputes to the AAA for arbitration, a right to opt out within 30 days, an agreement that Dropbox will pay all arbitration fees for claims of less than $75,000, a “bonus” payment of $1,000 if the award is greater than any Dropbox offer...
Creditors of Jacoby & Meyers Firm Looking to Push It Into Bankruptcy
March 20, 2014
The collapse of the Jacoby & Meyers Bankruptcy LLP law firm, which was formed in 2012 by two consumer law giants, has mobilized some unpaid creditors to push for their final payments. LegalZoom.com Inc., which says it is owed about $1 million for leads it provided to Jacoby & Meyers Bankruptcy last fall, joined several other creditors to file an involuntary bankruptcy petition against Jacoby & Meyers Bankruptcy last week.
March 20, 2014
The collapse of the Jacoby & Meyers Bankruptcy LLP law firm, which was formed in 2012 by two consumer law giants, has mobilized some unpaid creditors to push for their final payments. LegalZoom.com Inc., which says it is owed about $1 million for leads it provided to Jacoby & Meyers Bankruptcy last fall, joined several other creditors to file an involuntary bankruptcy petition against Jacoby & Meyers Bankruptcy last week.
Beta Summit Finalists [Picture It Settled] Set for April 2 event
March 20, 2014
InnoTech San Antonio, one of the region’s largest business technology events, will return to the Henry B. Gonzalez Convention Center on April 2, 2014. One of the premier events of Innotech is the Beta Summit, in which a select number of local tech start-up companies are given an opportunity to make a presentation before a panel of judges made up of members of the local investment community. * * * Picture It Settled: Behavioral software for negotiating legal settlements. It helps to make...
March 20, 2014
InnoTech San Antonio, one of the region’s largest business technology events, will return to the Henry B. Gonzalez Convention Center on April 2, 2014. One of the premier events of Innotech is the Beta Summit, in which a select number of local tech start-up companies are given an opportunity to make a presentation before a panel of judges made up of members of the local investment community. * * * Picture It Settled: Behavioral software for negotiating legal settlements. It helps to make...
Supreme Court to Consider Cert Petition Friday Regarding Delaware Business Arbitration Program
March 20, 2014
The certiorari petition in Strine v. Delaware Coalition For Open Government, Inc. (seeking review of the U.S. 3rd Circuit Court of Appeals decision holding that confidential Delaware Business Arbitration Program proceedings would be contrary to “a First Amendment right of access to Delaware’s government-sponsored arbitrations”) has been distributed to the Justices of the US Supreme Court for review at their regular conference this coming Friday (March 21, 2014). It is therefore likely...
March 20, 2014
The certiorari petition in Strine v. Delaware Coalition For Open Government, Inc. (seeking review of the U.S. 3rd Circuit Court of Appeals decision holding that confidential Delaware Business Arbitration Program proceedings would be contrary to “a First Amendment right of access to Delaware’s government-sponsored arbitrations”) has been distributed to the Justices of the US Supreme Court for review at their regular conference this coming Friday (March 21, 2014). It is therefore likely...
Don’t Cut Us Out of Arb Review, Says Ninth Circuit
March 20, 2014
You can agree to disagree, but can you agree to preclude a court from reviewing an arbitration award? According to David McMahon of Barger & Wolen, the Ninth Circuit U.S. Court of Appeals recently gave a definitive “no” to the question. The case was Burton v. Class Counsel, and the appeal arose from multidistrict litigation relating to wage-and-hour claims against Wal-Mart; the matter settled for $85 million, McMahon says, and the parties all agreed to have a master settle any fee disputes...
March 20, 2014
You can agree to disagree, but can you agree to preclude a court from reviewing an arbitration award? According to David McMahon of Barger & Wolen, the Ninth Circuit U.S. Court of Appeals recently gave a definitive “no” to the question. The case was Burton v. Class Counsel, and the appeal arose from multidistrict litigation relating to wage-and-hour claims against Wal-Mart; the matter settled for $85 million, McMahon says, and the parties all agreed to have a master settle any fee disputes...
Draft California Ethics Opinion Would Define Acceptable “Puffery” in Negotiations
March 20, 2014
I’m not sure I’m surprised by the contents. Depends on how optimistic I was feeling before I read the draft. Available at bit.ly/1ma8X3S * * * DISCUSSION/PROPOSAL: Proposed Formal Opinion Interim No. 12-0007 considers: When an attorney is engaged in negotiations on behalf of a client, what conduct constitutes permissible “puffing” and what conduct constitutes improper false statements of material fact? The opinion interprets rule 3-700(B)(2) of the Rules of Professional Conduct...
March 20, 2014
I’m not sure I’m surprised by the contents. Depends on how optimistic I was feeling before I read the draft. Available at bit.ly/1ma8X3S * * * DISCUSSION/PROPOSAL: Proposed Formal Opinion Interim No. 12-0007 considers: When an attorney is engaged in negotiations on behalf of a client, what conduct constitutes permissible “puffing” and what conduct constitutes improper false statements of material fact? The opinion interprets rule 3-700(B)(2) of the Rules of Professional Conduct...
New LinkedIn Publishing Platform Open to Members
March 19, 2014
Those who use LinkedIn to connect and share information or seek a job now have a brand new option at their fingertips. According...
March 19, 2014
Those who use LinkedIn to connect and share information or seek a job now have a brand new option at their fingertips. According...
Sharp Decline in US Patent Litigation so far in 2014
March 19, 2014
According to data from Lex Machina, there has been a sharp decline in the number of patent litigation case filings so far in 2014....
March 19, 2014
According to data from Lex Machina, there has been a sharp decline in the number of patent litigation case filings so far in 2014....
The Odds Are Against EEOC Suing You
March 19, 2014
Being the target of an Equal Employment Opportunity Commission lawsuit is something all companies hope to avoid. But as DLA Piper...
March 19, 2014
Being the target of an Equal Employment Opportunity Commission lawsuit is something all companies hope to avoid. But as DLA Piper...
CCA Guide to Best Practices in Commercial Arbitration
March 19, 2014
The Third Edition of the College of Commercial Arbitrators Guide to Best Practices in Commercial Arbitration is now available. The expanded guide was edited by Carl Ingwalson, Vivien Shelanski, and past Disputingguest blogger James Gaitis. The newly revised guide also includes contributions from a number of College of Commercial Arbitrators fellows. Here is a brief description of the guide: The aim of the Guide is to identify best practices that arbitrators can employ to provide...
March 19, 2014
The Third Edition of the College of Commercial Arbitrators Guide to Best Practices in Commercial Arbitration is now available. The expanded guide was edited by Carl Ingwalson, Vivien Shelanski, and past Disputingguest blogger James Gaitis. The newly revised guide also includes contributions from a number of College of Commercial Arbitrators fellows. Here is a brief description of the guide: The aim of the Guide is to identify best practices that arbitrators can employ to provide...
