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Lenovo Said to Beat Fujitsu to IBM Servers After Dell Passed
January 24, 2014
Lenovo Group Ltd. (992), which agreed to buy International Business Machines Corp. (IBM)’s low-end server unit yesterday, beat out prospective bidder Fujitsu Ltd. (6702) because that company would have needed several more weeks to conduct due diligence, a person with knowledge of the negotiations said. Fujitsu expressed a willingness to pay more than the $2.3 billion Lenovo offered, though it wasn’t yet ready to make a firm bid, said the person, who asked not to be named because the talks...
January 24, 2014
Lenovo Group Ltd. (992), which agreed to buy International Business Machines Corp. (IBM)’s low-end server unit yesterday, beat out prospective bidder Fujitsu Ltd. (6702) because that company would have needed several more weeks to conduct due diligence, a person with knowledge of the negotiations said. Fujitsu expressed a willingness to pay more than the $2.3 billion Lenovo offered, though it wasn’t yet ready to make a firm bid, said the person, who asked not to be named because the talks...
DOJ Sues Firm That Vetted Snowden For NSA Work
January 24, 2014
It may not have been the best screening job. At least, the U.S. government doesn’t think so. The Department of Justice is accusing the largest private provider of security checks —in fact, the organization that vetted Edward Snowden—of not doing the job properly, according to Sakthi Prasad of Reuters. The United States Investigations Services has had a contract with the federal government since 1996 and checks the backgrounds of people applying to work with government agencies, says Prasad,...
January 24, 2014
It may not have been the best screening job. At least, the U.S. government doesn’t think so. The Department of Justice is accusing the largest private provider of security checks —in fact, the organization that vetted Edward Snowden—of not doing the job properly, according to Sakthi Prasad of Reuters. The United States Investigations Services has had a contract with the federal government since 1996 and checks the backgrounds of people applying to work with government agencies, says Prasad,...
Apple And Samsung In Settlement Talks
January 24, 2014
Apple insists on anti-cloning provision in Samsung settlement | Apple - CNET News. Okay, the settlement talks are court ordered. And, the parties can't even agree on the parameters of the previous talks. But, it is a given that the consumers have moved on, and that the patent litigation between Apple and Samsung is not top of anybody's mind anymore. I know that I am tired of writing about it. When will these companies get it? We are headed for another trial in March, and the parties are still fighting...
January 24, 2014
Apple insists on anti-cloning provision in Samsung settlement | Apple - CNET News. Okay, the settlement talks are court ordered. And, the parties can't even agree on the parameters of the previous talks. But, it is a given that the consumers have moved on, and that the patent litigation between Apple and Samsung is not top of anybody's mind anymore. I know that I am tired of writing about it. When will these companies get it? We are headed for another trial in March, and the parties are still fighting...
Motion to Compel Arbitration Granted in Antitrust Case v. Cable Providers and Sports Organizations
January 24, 2014
On November 25, 2013, Judge Scheindlin of the Southern District of New York issued an opinion in Laumann v. National Hockey League, granting in part and denying in part a motion to compel arbitration brought by defendant Comcast and denying in full a similar motion brought by defendant DIRECTV. Plaintiffs claim that defendants, including the National Hockey League and Major League Baseball, along with the major cable and satellite television service providers entered into "agreements to eliminate...
January 24, 2014
On November 25, 2013, Judge Scheindlin of the Southern District of New York issued an opinion in Laumann v. National Hockey League, granting in part and denying in part a motion to compel arbitration brought by defendant Comcast and denying in full a similar motion brought by defendant DIRECTV. Plaintiffs claim that defendants, including the National Hockey League and Major League Baseball, along with the major cable and satellite television service providers entered into "agreements to eliminate...
Judicial Decisionmaking: A Behavioral Perspective
January 24, 2014
This chapter, forthcoming in the Oxford Handbook of Behavioral Economics and the Law, critically reviews the behavioral literature on judicial decisionmaking. Among other things, it presents general theories of judicial decisionmaking, such as the story model and coherence-based reasoning. It also examines the susceptibility of judicial decisionmaking to various well-known cognitive biases, including the compromise and contrast effects, the hindsight bias, the omission bias, and anchoring. The chapter...
January 24, 2014
This chapter, forthcoming in the Oxford Handbook of Behavioral Economics and the Law, critically reviews the behavioral literature on judicial decisionmaking. Among other things, it presents general theories of judicial decisionmaking, such as the story model and coherence-based reasoning. It also examines the susceptibility of judicial decisionmaking to various well-known cognitive biases, including the compromise and contrast effects, the hindsight bias, the omission bias, and anchoring. The chapter...
Readings on Positive Psychology and Law
January 23, 2014
Here is a list of readings taken from Professor James Elkins’s course on Psychology for Lawyers. But first, a definition of “positive psychology”: "Positive Psychology is the scientific study of the strengths and virtues that enable individuals and communities to thrive. The field is founded on the belief that people want to lead meaningful and fulfilling lives, to cultivate what is best within themselves, and to enhance their experiences of love, work, and play." --Positive Psychology...
January 23, 2014
Here is a list of readings taken from Professor James Elkins’s course on Psychology for Lawyers. But first, a definition of “positive psychology”: "Positive Psychology is the scientific study of the strengths and virtues that enable individuals and communities to thrive. The field is founded on the belief that people want to lead meaningful and fulfilling lives, to cultivate what is best within themselves, and to enhance their experiences of love, work, and play." --Positive Psychology...
Dispute Resolution in Federal Courts: New Study to Look at How It’s Working
January 23, 2014
The different ways federal district courts provide settlement assistance to parties is the focus of a new study by theFederal Judicial Center (FJC). Eight district courts are participating in the study to be completed by late 2014. “We hope to provide a thorough picture of the variety of ways in which the federal district courts have designed and use their ADR procedures,” said Donna Stienstra, the project’s director. “We’ll look at mediation, arbitration, early neutral evaluation,...
January 23, 2014
The different ways federal district courts provide settlement assistance to parties is the focus of a new study by theFederal Judicial Center (FJC). Eight district courts are participating in the study to be completed by late 2014. “We hope to provide a thorough picture of the variety of ways in which the federal district courts have designed and use their ADR procedures,” said Donna Stienstra, the project’s director. “We’ll look at mediation, arbitration, early neutral evaluation,...
Sixth Circuit Approves Manifest Disregard But Disregards It
January 23, 2014
The trustees of employee stock ownership plans settled claims of breach of fiduciary duty and sought indemnification from...
January 23, 2014
The trustees of employee stock ownership plans settled claims of breach of fiduciary duty and sought indemnification from...
Oral Settlement Agreement Not Enforceable Due to Disagreement over Material Term
January 23, 2014
While the parties agreed that an oral settlement agreement had been reached in mediation, a Delaware court refused to enforce it because of disagreement over the scope of the release, which the court concluded was a material term. Mediation confidentiality was waived by the parties relying on mediation communications. However, statements of the mediator during the mediation were generally excluded as hearsay because the court found no applicable hearsay exception. United Health Alliance v. United...
January 23, 2014
While the parties agreed that an oral settlement agreement had been reached in mediation, a Delaware court refused to enforce it because of disagreement over the scope of the release, which the court concluded was a material term. Mediation confidentiality was waived by the parties relying on mediation communications. However, statements of the mediator during the mediation were generally excluded as hearsay because the court found no applicable hearsay exception. United Health Alliance v. United...
BP Takes Bid to Rewrite Settlement to Full Fifth Circuit
January 23, 2014
BP PLC has petitioned an en banc panel of a federal appeals court to rehear a three-judge panel's recent decision upholding the fairness of the Deepwater Horizon oil spill settlement.
January 23, 2014
BP PLC has petitioned an en banc panel of a federal appeals court to rehear a three-judge panel's recent decision upholding the fairness of the Deepwater Horizon oil spill settlement.
