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A Winner’s Curse?: Promotions from the Lower Federal Courts
February 21, 2014
The standard model of judicial behavior suggests that judges primarily care about deciding cases in ways that further their political ideologies. But judicial behavior seems much more complex. Politicians who nominate people for judgeships do not typically tout their ideology (except sometimes using vague code words), but they always claim that the nominees will be competent judges. Moreover, it stands to reason that voters would support politicians who appoint competent as well as ideologically...
February 21, 2014
The standard model of judicial behavior suggests that judges primarily care about deciding cases in ways that further their political ideologies. But judicial behavior seems much more complex. Politicians who nominate people for judgeships do not typically tout their ideology (except sometimes using vague code words), but they always claim that the nominees will be competent judges. Moreover, it stands to reason that voters would support politicians who appoint competent as well as ideologically...
Choosing a Mediator
February 21, 2014
Assuming you have an idea of the qualities you are looking for in a mediator, how do you go about locating a mediator who fits the bill? Your telephone and computer can lead you to much more comprehensive sources than will be found on the list that your colleague down the hall keeps in his top drawer. You can always call one of the commercial provider organizations, and they will be happy to send you a slate of resumes of the members of the panel. You can Google various search terms that could...
February 21, 2014
Assuming you have an idea of the qualities you are looking for in a mediator, how do you go about locating a mediator who fits the bill? Your telephone and computer can lead you to much more comprehensive sources than will be found on the list that your colleague down the hall keeps in his top drawer. You can always call one of the commercial provider organizations, and they will be happy to send you a slate of resumes of the members of the panel. You can Google various search terms that could...
Fourth and Final Settlement in the AIG Securities Litigation is Approved
February 21, 2014
On September 11, 2013, the Southern District of New York approved the final settlement in the protracted class litigation regarding allegedly artificially inflated prices for AIG securities. This final settlement resolves all claims against defendant Gen Re with a settlement fund of $72 million for a class of persons and entities who purchased AIG securities from October 28, 1999 through April 1, 2005. Lead counsel was awarded $6.5 million in attorneys’ fees (9.09% of the settlement fund) and $525k...
February 21, 2014
On September 11, 2013, the Southern District of New York approved the final settlement in the protracted class litigation regarding allegedly artificially inflated prices for AIG securities. This final settlement resolves all claims against defendant Gen Re with a settlement fund of $72 million for a class of persons and entities who purchased AIG securities from October 28, 1999 through April 1, 2005. Lead counsel was awarded $6.5 million in attorneys’ fees (9.09% of the settlement fund) and $525k...
Article on Trusts and Arbitration Provisions
February 20, 2014
Rachel M. Hirshberg (University of Missouri) has recently published an article entitled, You Can't Have Your Trust and Defeat...
February 20, 2014
Rachel M. Hirshberg (University of Missouri) has recently published an article entitled, You Can't Have Your Trust and Defeat...
16 Signs You’re A Little (Or A Lot) Type A
February 20, 2014
Waiting in long lines kills you a little bit inside. You've been described as a perfectionist, overachiever, workaholic...
February 20, 2014
Waiting in long lines kills you a little bit inside. You've been described as a perfectionist, overachiever, workaholic...
Opening Offers in Mediation
February 20, 2014
An article by Donalee Moulton in the January 24th issue of The Lawyers Weekly entitled, “Opening offers can make or break a deal” caught my attention and caused me to reflect on my own experience from approximately 3,000 mediations conducted over the past 22 years. I urge readers to look a the Lawyers Weekly article as well as some of the other web resources on this topic including this posting by Matthew Rushton and this by the Hon. Jay C. Gandhi. Much of the advice boils down to, “don’t...
February 20, 2014
An article by Donalee Moulton in the January 24th issue of The Lawyers Weekly entitled, “Opening offers can make or break a deal” caught my attention and caused me to reflect on my own experience from approximately 3,000 mediations conducted over the past 22 years. I urge readers to look a the Lawyers Weekly article as well as some of the other web resources on this topic including this posting by Matthew Rushton and this by the Hon. Jay C. Gandhi. Much of the advice boils down to, “don’t...
Motion to Compel Arbitration Denied as to Non-Signatories to Agreement
February 20, 2014
In a recent case involving an unsuccessful aquatic ecosystem restoration project in Clearwater, Florida, the Middle District of Florida applied the Federal Arbitration Act to resolve an arbitrability dispute, which involved a marine and dredging construction company, its performance bond sureties, and a dredging contractor. First granting a motion to compel arbitration with respect to the construction company and the contractor, both of which had signed the arbitration agreement, the court then reviewed...
February 20, 2014
In a recent case involving an unsuccessful aquatic ecosystem restoration project in Clearwater, Florida, the Middle District of Florida applied the Federal Arbitration Act to resolve an arbitrability dispute, which involved a marine and dredging construction company, its performance bond sureties, and a dredging contractor. First granting a motion to compel arbitration with respect to the construction company and the contractor, both of which had signed the arbitration agreement, the court then reviewed...
James Surowiecki: The Costs of Working Too Much : The New Yorker
February 19, 2014
For decades, junior bankers and Wall Street firms had an unspoken pact: in exchange for reasonably high-paying jobs and a shot at obscene wealth, young analysts agreed to work fifteen hours a day, and forgo anything resembling a normal life. But things may be changing. Last October, Goldman Sachs told its junior investment-banking analysts not to work on Saturdays, and it has said that all analysts, on average, should be working no more than seventy to seventy-five hours a week. A couple of weeks...
February 19, 2014
For decades, junior bankers and Wall Street firms had an unspoken pact: in exchange for reasonably high-paying jobs and a shot at obscene wealth, young analysts agreed to work fifteen hours a day, and forgo anything resembling a normal life. But things may be changing. Last October, Goldman Sachs told its junior investment-banking analysts not to work on Saturdays, and it has said that all analysts, on average, should be working no more than seventy to seventy-five hours a week. A couple of weeks...
Michelle Lee: USPTO to Push Administration Goals in both Prosecution and Litigation
February 19, 2014
From Michelle Lee who is Deputy Under Secretary of Commerce for Intellectual Property; Deputy Director of the USPTO; and is de Facto Director of the USPTO. [Link] Over the last five years . . . the agency’s senior leadership has made good progress to ensure our country has a strong and robust patent and trademark system for the 21st century. . . . Going forward, the USPTO will continue to actively engage with our stakeholders, members of Congress from both political parties, as well as with...
February 19, 2014
From Michelle Lee who is Deputy Under Secretary of Commerce for Intellectual Property; Deputy Director of the USPTO; and is de Facto Director of the USPTO. [Link] Over the last five years . . . the agency’s senior leadership has made good progress to ensure our country has a strong and robust patent and trademark system for the 21st century. . . . Going forward, the USPTO will continue to actively engage with our stakeholders, members of Congress from both political parties, as well as with...
New Issue of The Journal of Dispute Resolution is Devoted to Teaching Practical Legal Skills
February 19, 2014
The Journal of Dispute Resolution is a student-edited, academic journal published semi-annually by the University of Missouri-Columbia School of Law in conjunction with the Center for the Study of Dispute Resolution. The latest issue, 2013 Vol. 1, is entitled Overcoming Barriers in Preparing Law Students for Real-World Practice" and contains several very informative and helpful articles devoted to the teaching of practical legal skills training published in connection with a 2012 symposium...
February 19, 2014
The Journal of Dispute Resolution is a student-edited, academic journal published semi-annually by the University of Missouri-Columbia School of Law in conjunction with the Center for the Study of Dispute Resolution. The latest issue, 2013 Vol. 1, is entitled Overcoming Barriers in Preparing Law Students for Real-World Practice" and contains several very informative and helpful articles devoted to the teaching of practical legal skills training published in connection with a 2012 symposium...
