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NASDAQ, NYSE File Amicus Brief in Support of Arbitration
February 25, 2014
NASDAQ and the NYSE Euronext, the nation's two largest stock exchanges, filed an amicus brief today with the U.S. Supreme Court in support of the Delaware Court of Chancery's confidential arbitration program. The stock exchanges are the first companies to support the Chancery Court's program through amicus briefs.
February 25, 2014
NASDAQ and the NYSE Euronext, the nation's two largest stock exchanges, filed an amicus brief today with the U.S. Supreme Court in support of the Delaware Court of Chancery's confidential arbitration program. The stock exchanges are the first companies to support the Chancery Court's program through amicus briefs.
Mandatory Mediation for Every Fifth Case in New York County’s Commercial Division?
February 25, 2014
The Commercial Division Advisory Council has proposed that the court adopt a pilot program for New York County’s Commercial Division that would send every fifth newly assigned case to mediation unless the parties stipulate otherwise or one party makes a good cause showing that mediation would be ineffective or unjust. A copy of the proposal is available here. The pilot program is described as “fairly conservative” and flexible in the December 11, 2013 proposal. The program is purportedly...
February 25, 2014
The Commercial Division Advisory Council has proposed that the court adopt a pilot program for New York County’s Commercial Division that would send every fifth newly assigned case to mediation unless the parties stipulate otherwise or one party makes a good cause showing that mediation would be ineffective or unjust. A copy of the proposal is available here. The pilot program is described as “fairly conservative” and flexible in the December 11, 2013 proposal. The program is purportedly...
Google’s Ray Kurzweil Predicts How the World Will Change
February 24, 2014
2017: Self-driving cars “Google self-driving cars have gone half a million miles without human drivers on highways and city...
February 24, 2014
2017: Self-driving cars “Google self-driving cars have gone half a million miles without human drivers on highways and city...
Oral Agreement? Get It in Writing, Too
February 24, 2014
If it didn’t happen in writing . . . it didn’t happen. That’s what the California Court of Appeal recently told plaintiffs seeking to avoid foreclosure. According to Lisa Yun and Alejandro Moreno onSheppard Mullin’s Financial Institutions Blog, the top California court ruled that an oral promise to modify a loan was not valid.
February 24, 2014
If it didn’t happen in writing . . . it didn’t happen. That’s what the California Court of Appeal recently told plaintiffs seeking to avoid foreclosure. According to Lisa Yun and Alejandro Moreno onSheppard Mullin’s Financial Institutions Blog, the top California court ruled that an oral promise to modify a loan was not valid.
Amici Arbitration Professors and Practitioners Weigh In on Fourth Circuit’s Manifest Disregard Opinion
February 24, 2014
The primary interest of amici is the orderly and consistent review of arbitral awards by courts in the United States when a party seeks vacatur under Section 10 of the FAA. Amici believe that the decision of the United States Court of Appeals for the Fourth Circuit in Dewan v. Walia, - F. App'x - , 2013 WL 5781207 (4th Cir. Oct. 28, 2013), applying the manifest disregard doctrine as an independent basis for vacatur and relying on an expansive view of that doctrine to vacate the arbitral award...
February 24, 2014
The primary interest of amici is the orderly and consistent review of arbitral awards by courts in the United States when a party seeks vacatur under Section 10 of the FAA. Amici believe that the decision of the United States Court of Appeals for the Fourth Circuit in Dewan v. Walia, - F. App'x - , 2013 WL 5781207 (4th Cir. Oct. 28, 2013), applying the manifest disregard doctrine as an independent basis for vacatur and relying on an expansive view of that doctrine to vacate the arbitral award...
SCOTUS Vacates CA State Employment Arbitration Opinion
February 24, 2014
In its Orders released this morning (http://www.supremecourt.gov/orders/courtorders/022414zor_19m2.pdf), the U.S. Supreme Court vacated the decision of the Second Appellate District of the Court of Appeal of California inCarmax Auto Superstores v. Fowler applying the so-called Gentry rule relating to class action waivers in arbitration agreements, and remanded the case back to the California state appellate court for further consideration in light of American Express Co. v. Italian Colors Restaurant. As...
February 24, 2014
In its Orders released this morning (http://www.supremecourt.gov/orders/courtorders/022414zor_19m2.pdf), the U.S. Supreme Court vacated the decision of the Second Appellate District of the Court of Appeal of California inCarmax Auto Superstores v. Fowler applying the so-called Gentry rule relating to class action waivers in arbitration agreements, and remanded the case back to the California state appellate court for further consideration in light of American Express Co. v. Italian Colors Restaurant. As...
My Apologies, Can We Now Start to Talk about Resolution
February 24, 2014
Apologies, if from the heart, can be effective in bringing the parties closer to resolution in a mediation or negotiation. There may be some attorneys who feel it’s just a tool to emotionally manipulate the other party to get a lower settlement cost. But, depending on the circumstances, the apology can help make the deal possible, not to reduce or increase the value of the deal. The science behind apologies is discussed in a recent article of Psychology Today. Writer Guy Winch, PhD., states...
February 24, 2014
Apologies, if from the heart, can be effective in bringing the parties closer to resolution in a mediation or negotiation. There may be some attorneys who feel it’s just a tool to emotionally manipulate the other party to get a lower settlement cost. But, depending on the circumstances, the apology can help make the deal possible, not to reduce or increase the value of the deal. The science behind apologies is discussed in a recent article of Psychology Today. Writer Guy Winch, PhD., states...
Rose Miller To Speak At The 2014 CLM Georgia Event
February 24, 2014
Rose Miller, Esq. Principal, ADR Solutions, LLC will be speaking at the CLM Georgia Event on, “Settlement Offers and Negotiations: Pitfalls, Pointers and Recent Developments.” The event includes a combination of speakers and networking events. The Georgia Event will take place on February 27th at The Atlanta Event Center at Opera, Atlanta GA. Rose Miller is an accomplished trial attorney, former in-house counsel and claims manager with a proven track record of helping companies significantly...
February 24, 2014
Rose Miller, Esq. Principal, ADR Solutions, LLC will be speaking at the CLM Georgia Event on, “Settlement Offers and Negotiations: Pitfalls, Pointers and Recent Developments.” The event includes a combination of speakers and networking events. The Georgia Event will take place on February 27th at The Atlanta Event Center at Opera, Atlanta GA. Rose Miller is an accomplished trial attorney, former in-house counsel and claims manager with a proven track record of helping companies significantly...
What Makes Humans Unique
February 23, 2014
I'm going to talk about some new findings in my field, comparative cognition. I'm interested in what makes humans unique. There are findings that I think are fantastically cool, in that they might be redefining how we think about human nature, but first they're going to pose for us some really interesting new problems. I'm doing this, in part, because I think already having redefined human nature in the last couple of years is sort of a tall order, and that scared me, but also because I think...
February 23, 2014
I'm going to talk about some new findings in my field, comparative cognition. I'm interested in what makes humans unique. There are findings that I think are fantastically cool, in that they might be redefining how we think about human nature, but first they're going to pose for us some really interesting new problems. I'm doing this, in part, because I think already having redefined human nature in the last couple of years is sort of a tall order, and that scared me, but also because I think...
The New Formula to Create a Billion Dollar Firm: Tesla, Nest, Harry’s and Matternet
February 23, 2014
The challenge for the CEO of a traditional larger enterprise whatever sector is to reimagine their industry as an ecosystem, identify their natural allies, ask what they can do to make in their interests to work collaboratively, and to open themselves up to consumer-orientated applications to run over them. British Gas could have created Nest. British Telecom could have created Skype. Volkswagen or General Motors could have created Tesla. But they didn’t. They didn’t reimagine their industries...
February 23, 2014
The challenge for the CEO of a traditional larger enterprise whatever sector is to reimagine their industry as an ecosystem, identify their natural allies, ask what they can do to make in their interests to work collaboratively, and to open themselves up to consumer-orientated applications to run over them. British Gas could have created Nest. British Telecom could have created Skype. Volkswagen or General Motors could have created Tesla. But they didn’t. They didn’t reimagine their industries...
