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Do Rule 45 Amendments Impact The Arbitral Subpoena Power?
February 11, 2014
Certain amendments to Rule 45 of the Federal Rules of Civil Procedure became effective December 1, 2013. This is the Rule governing all aspects of obtaining evidence from non-parties by subpoena in federal civil proceedings. The amendments have potential relevance to arbitral practice for arbitrations that have their seat in the United States, as Section 7 of the Federal Arbitration Act (”FAA”) in certain respects equates arbitral subpoena power with judicial subpoena power, and in certain...
February 11, 2014
Certain amendments to Rule 45 of the Federal Rules of Civil Procedure became effective December 1, 2013. This is the Rule governing all aspects of obtaining evidence from non-parties by subpoena in federal civil proceedings. The amendments have potential relevance to arbitral practice for arbitrations that have their seat in the United States, as Section 7 of the Federal Arbitration Act (”FAA”) in certain respects equates arbitral subpoena power with judicial subpoena power, and in certain...
A Touch of Grey
February 11, 2014
Litigators are constantly faced with the decision of what stylistic methods to use in settlement negotiations to maximize value for the client and achieve overall objectives. Usually a strict black and white approach to each case will miss out on the shades of grey that are needed to navigate the settlement waters. Litigators must operate in a world of uncertainty, where ambiguous communications are woven between demands and counter offers, all leading to the goal of achieving a fair outcome. The negotiation...
February 11, 2014
Litigators are constantly faced with the decision of what stylistic methods to use in settlement negotiations to maximize value for the client and achieve overall objectives. Usually a strict black and white approach to each case will miss out on the shades of grey that are needed to navigate the settlement waters. Litigators must operate in a world of uncertainty, where ambiguous communications are woven between demands and counter offers, all leading to the goal of achieving a fair outcome. The negotiation...
Tech Circuit: Old, New, Borrowed and Blue at ReInvent Law
February 11, 2014
LegalTech New York, for all intents and purposes, has become a no-less-than-five day event. With the Tuesday-Thursday schedule, parties and briefings kick into high gear on Monday; pushing travel days to Sunday (or Saturday, if you are paranoid wise about typical winter weather). Arguably, it was a bit risky—or flat-out brilliant— to schedule ReInvent Law NYC for Friday, Feb. 7. The upside: Capitalize on the hordes of technology leaders who will already be in New York. The downside: Will...
February 11, 2014
LegalTech New York, for all intents and purposes, has become a no-less-than-five day event. With the Tuesday-Thursday schedule, parties and briefings kick into high gear on Monday; pushing travel days to Sunday (or Saturday, if you are paranoid wise about typical winter weather). Arguably, it was a bit risky—or flat-out brilliant— to schedule ReInvent Law NYC for Friday, Feb. 7. The upside: Capitalize on the hordes of technology leaders who will already be in New York. The downside: Will...
A Case Study in Legal Annotation
February 11, 2014
This is an ongoing project with Adam Wyner (Dept. of Computer Science @ University of Aberdeen) and Wim Peters (Dept. of Computer Science + NLP Group @ University of Sheffield) … our very initial pilot project was presented at the 2013 Jurix Conference. Slides are located here and the case study paper for the pilot project is located here. Hoping for more to come on this project in 2014!
February 11, 2014
This is an ongoing project with Adam Wyner (Dept. of Computer Science @ University of Aberdeen) and Wim Peters (Dept. of Computer Science + NLP Group @ University of Sheffield) … our very initial pilot project was presented at the 2013 Jurix Conference. Slides are located here and the case study paper for the pilot project is located here. Hoping for more to come on this project in 2014!
Gelernter on In re Wal-Mart Wage and Hour Litigation FAA Case
February 10, 2014
Thanks to Lise Gelernter (Teaching Faculty and Director, Externship Programs at SUNY Buffalo Law School) for bringing to my attention...
February 10, 2014
Thanks to Lise Gelernter (Teaching Faculty and Director, Externship Programs at SUNY Buffalo Law School) for bringing to my attention...
Mediation Conduct Punished by Costs
February 10, 2014
Should the conduct of a party in mediation be taken into account in setting cost consequences once the dispute has been adjudicated? An insurer has been “spanked” to the tune of $60,000 by an Ontario Court for failure to participate in a mediation in “any meaningful sense”. The cost decision of Mr. Justice Ramsay in Ross v. Bacchus, 2013 ONSC 7773 (CanLII) creates the occasion to reflect on this important issue. Briefly, the case facts are that the plaintiff, injured in a motor vehicle...
February 10, 2014
Should the conduct of a party in mediation be taken into account in setting cost consequences once the dispute has been adjudicated? An insurer has been “spanked” to the tune of $60,000 by an Ontario Court for failure to participate in a mediation in “any meaningful sense”. The cost decision of Mr. Justice Ramsay in Ross v. Bacchus, 2013 ONSC 7773 (CanLII) creates the occasion to reflect on this important issue. Briefly, the case facts are that the plaintiff, injured in a motor vehicle...
A Time of Unprecedented Innovation in Legal Technology
February 10, 2014
Just back from last week’s LegalTech in New York, and with the perspective of someone who has been writing about legal technology for more than two decades, I am convinced that I have never before seen a time of such intense and creative innovation in legal technology. However, it is not LegalTech that has me thinking that; rather, it is a legal-tech sideshow that coincided with it called ReInvent Law NYC. LegalTech is billed as the largest and most important legal technology event of the year....
February 10, 2014
Just back from last week’s LegalTech in New York, and with the perspective of someone who has been writing about legal technology for more than two decades, I am convinced that I have never before seen a time of such intense and creative innovation in legal technology. However, it is not LegalTech that has me thinking that; rather, it is a legal-tech sideshow that coincided with it called ReInvent Law NYC. LegalTech is billed as the largest and most important legal technology event of the year....
Report: Legal Sector Added 2,000 Jobs Last Month
February 10, 2014
The legal sector gained 2,000 jobs in January, according to preliminary data released Friday by the U.S. Bureau of Labor Statistics. With the additions, the industry now employs 1.135 million people—7,000 more than it did at the same time last year but substantially fewer than the 1.18 million it employed at its prerecession peak. January's uptick on the employment front follows a three-month run that, according to revised, seasonally adjusted hiring figures included in Friday's report, saw the legal...
February 10, 2014
The legal sector gained 2,000 jobs in January, according to preliminary data released Friday by the U.S. Bureau of Labor Statistics. With the additions, the industry now employs 1.135 million people—7,000 more than it did at the same time last year but substantially fewer than the 1.18 million it employed at its prerecession peak. January's uptick on the employment front follows a three-month run that, according to revised, seasonally adjusted hiring figures included in Friday's report, saw the legal...
The Big IP Wins of 2013
February 10, 2014
Let's admit this from the start: Deciding what qualifies for a top 2013 intellectual property litigation win is a completely subjective exercise. A case might make the list because it involves a big monetary award. It could deserve mention because a judge invalidated a patent or issued an injunction. There are district court victories, successes at the Federal Circuit and wins at the International Trade Commission. Now there are even triumphs in the U.S. Patent and Trademark Office's own Patent Trial...
February 10, 2014
Let's admit this from the start: Deciding what qualifies for a top 2013 intellectual property litigation win is a completely subjective exercise. A case might make the list because it involves a big monetary award. It could deserve mention because a judge invalidated a patent or issued an injunction. There are district court victories, successes at the Federal Circuit and wins at the International Trade Commission. Now there are even triumphs in the U.S. Patent and Trademark Office's own Patent Trial...
Never, Ever Give Up
February 9, 2014
In the pitch-black night, stung by jellyfish, choking on salt water, singing to herself, hallucinating … Diana Nyad just kept on swimming. And that's how she finally achieved her lifetime goal as an athlete: an extreme 100-mile swim from Cuba to Florida -- at age 64. Hear her story. A record-setting long-distance swimmer, Diana Nyad writes and thinks deeply about motivation. Full bio »
February 9, 2014
In the pitch-black night, stung by jellyfish, choking on salt water, singing to herself, hallucinating … Diana Nyad just kept on swimming. And that's how she finally achieved her lifetime goal as an athlete: an extreme 100-mile swim from Cuba to Florida -- at age 64. Hear her story. A record-setting long-distance swimmer, Diana Nyad writes and thinks deeply about motivation. Full bio »
