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Broad Arbitration Clause in Employment Agreement Also Captures Dispute over Asset Purchase Agreement
January 28, 2014
In 2010, plaintiff James Palese (Palese) sold two companies to defendant Tanner Bolt & Nut, Inc. (Tanner), and Tanner hired Palese as the General Manager of its new Herman's Hardware Division, which included Palese's companies. Palese entered into a five-year Employment Agreement with a broad arbitration clause calling for arbitration of "all claims . . .in any way relating" to the Employment Agreement. At the same time, he entered into two Asset Purchase Agreements, which provided that...
January 28, 2014
In 2010, plaintiff James Palese (Palese) sold two companies to defendant Tanner Bolt & Nut, Inc. (Tanner), and Tanner hired Palese as the General Manager of its new Herman's Hardware Division, which included Palese's companies. Palese entered into a five-year Employment Agreement with a broad arbitration clause calling for arbitration of "all claims . . .in any way relating" to the Employment Agreement. At the same time, he entered into two Asset Purchase Agreements, which provided that...
Seventh Circuit Splits on Conciliation Defense to EEOC Suit
January 28, 2014
A few years ago, the EEOC got socked with a number of penalties in pattern and practice cases for failing to conciliate on behalf...
January 28, 2014
A few years ago, the EEOC got socked with a number of penalties in pattern and practice cases for failing to conciliate on behalf...
How Many Documents in a Gigabyte? An Updated Answer to that Vexing Question
January 27, 2014
For this round, we collected over 10 million native files (“documents” or “docs”) from 44 different cases. The sites themselves were not chosen for any particular reason, although we looked for a minimum of 10,000 native files on each. We also chose not to use several larger sites where clients used text files as substitutes for the original natives. Our focus for the study was on standard office files, such as Word, Excel, PowerPoint, PDFs and email. These are generally the focus of most...
January 27, 2014
For this round, we collected over 10 million native files (“documents” or “docs”) from 44 different cases. The sites themselves were not chosen for any particular reason, although we looked for a minimum of 10,000 native files on each. We also chose not to use several larger sites where clients used text files as substitutes for the original natives. Our focus for the study was on standard office files, such as Word, Excel, PowerPoint, PDFs and email. These are generally the focus of most...
Do Startups Need Patents? Rigorous Study Presents Real Data on Startup Company Patenting Behavior
January 27, 2014
I am glad to say that I have now identified a detailed and data-driven study of how patenting influences start up companies in the marketplace, with competitors and in obtaining outside investment. While a few years old, I recently discovered this article from lead author Stuart Graham, a Georgia Tech Business School professor who from 2010-2013 served as Chief Economist of the US Patent Office. Entitled “High Technology Entrepreneurs and the Patent System of the 2008 Berkeley Patent Survey”...
January 27, 2014
I am glad to say that I have now identified a detailed and data-driven study of how patenting influences start up companies in the marketplace, with competitors and in obtaining outside investment. While a few years old, I recently discovered this article from lead author Stuart Graham, a Georgia Tech Business School professor who from 2010-2013 served as Chief Economist of the US Patent Office. Entitled “High Technology Entrepreneurs and the Patent System of the 2008 Berkeley Patent Survey”...
One Hour Deal on My New Favorite Phone: Moto X
January 27, 2014
Motorola’s Moto X phone is one of the best phones you can purchase. Now, Motorola’s making sure they sell more devices: This Moto X deal runs for one hour on January 27 at 3-4 pm ET, so set your calendar alarms. As you can see, if you miss that deal, you can still get the phone for $70 off ($329), which is awesome. If you’re still not sure you want Moto X, check out my review.
January 27, 2014
Motorola’s Moto X phone is one of the best phones you can purchase. Now, Motorola’s making sure they sell more devices: This Moto X deal runs for one hour on January 27 at 3-4 pm ET, so set your calendar alarms. As you can see, if you miss that deal, you can still get the phone for $70 off ($329), which is awesome. If you’re still not sure you want Moto X, check out my review.
Florida’s Sunshine Laws Override State Mediation Confidentiality, But Not Federal Court Mediation Provisions
January 27, 2014
A Florida state court held that confidential mediation sessions in a related federal case between city officials, union leaders and a Pension Board involved collective bargaining and thus violated the state’s Sunshine Laws because they were not open to the public. The court rejected the argument that Florida’s mediation laws provide an exemption from the state’s Sunshine Laws, but noted that a federal court order requiring private mediation would override the Sunshine Laws. The court enjoined...
January 27, 2014
A Florida state court held that confidential mediation sessions in a related federal case between city officials, union leaders and a Pension Board involved collective bargaining and thus violated the state’s Sunshine Laws because they were not open to the public. The court rejected the argument that Florida’s mediation laws provide an exemption from the state’s Sunshine Laws, but noted that a federal court order requiring private mediation would override the Sunshine Laws. The court enjoined...
Too Much Crystallized Thinking Lowers Fluid Intelligence
January 27, 2014
In a digital age—that puts a premium on facts, figures, and data—crystallized intelligence has become disproportionately valued over fluid intelligence. A wide range of new studies are finding that motor skills, hand-eye coordination, aerobic conditioning and daily physicality are important for maintaining working memory and fluid intelligence. Fluid intelligence is the capacity to think logically and solve problems in novel situations, independent of acquired knowledge. Fluid intelligence...
January 27, 2014
In a digital age—that puts a premium on facts, figures, and data—crystallized intelligence has become disproportionately valued over fluid intelligence. A wide range of new studies are finding that motor skills, hand-eye coordination, aerobic conditioning and daily physicality are important for maintaining working memory and fluid intelligence. Fluid intelligence is the capacity to think logically and solve problems in novel situations, independent of acquired knowledge. Fluid intelligence...
What’s the Evidence on Using Rational Argument to Change People’s Minds?
January 26, 2014
What’s the evidence on using rational argument to change people’s minds?. Here’s something from the proposal: Is it true that “you can’t tell anybody anything”? From pub arguments to ideology-driven party political disputes it can sometimes seem like people have their minds all made up, that there’s no point trying to persuade anybody of anything. Popular psychology books reinforce the idea that we’re emotional, irrational creatures (Dan Ariely “Predictably irrational”, David...
January 26, 2014
What’s the evidence on using rational argument to change people’s minds?. Here’s something from the proposal: Is it true that “you can’t tell anybody anything”? From pub arguments to ideology-driven party political disputes it can sometimes seem like people have their minds all made up, that there’s no point trying to persuade anybody of anything. Popular psychology books reinforce the idea that we’re emotional, irrational creatures (Dan Ariely “Predictably irrational”, David...
9th Circuit Issues a Blogger-Friendly First Amendment Opinion
January 26, 2014
This case involves defamation claims brought by Kevin Padrick of Obisidian Finance Group against Crystal Cox. Obsidian (Padrick) was the Chapter 11 Trustee for Summit Accomodators, and Cox wrote a series of posts accusing Padrick and Obsidian of fraud, corruption, money-laundering, and other improper activities. Obsidian and Padrick sued. Cox, representing herself, raised some First Amendment defenses. The district judge found that a slew of the posts were figurative and hyperbolic, but allowed the case...
January 26, 2014
This case involves defamation claims brought by Kevin Padrick of Obisidian Finance Group against Crystal Cox. Obsidian (Padrick) was the Chapter 11 Trustee for Summit Accomodators, and Cox wrote a series of posts accusing Padrick and Obsidian of fraud, corruption, money-laundering, and other improper activities. Obsidian and Padrick sued. Cox, representing herself, raised some First Amendment defenses. The district judge found that a slew of the posts were figurative and hyperbolic, but allowed the case...
Crowdfunded Online Legal Service Aims to Raise Another £120k
January 26, 2014
LawBite – www.lawbite.co.uk – the plain English online legal service for SMEs, has launched a second round of crowdfunding via the Crowdcube platform. Last May investors pumped £240,000 into LawBite in just ten days, in one of the fastest funding rounds in Crowdcube history. In total LawBite raised £450k in cash and in kind in that funding round. Since then the business has seen a surge in international interest and has agreed partnership agreements with a string of affiliates in the UK. Having...
January 26, 2014
LawBite – www.lawbite.co.uk – the plain English online legal service for SMEs, has launched a second round of crowdfunding via the Crowdcube platform. Last May investors pumped £240,000 into LawBite in just ten days, in one of the fastest funding rounds in Crowdcube history. In total LawBite raised £450k in cash and in kind in that funding round. Since then the business has seen a surge in international interest and has agreed partnership agreements with a string of affiliates in the UK. Having...
