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Arbitration v. Class Action Lawsuits: Do Class Actions Benefit Class Members?
December 13, 2013
It is becoming the battle of dueling studies on arbitration vs. class action lawsuits. In an effort to sway the opinion...
December 13, 2013
It is becoming the battle of dueling studies on arbitration vs. class action lawsuits. In an effort to sway the opinion...
West Virginia Has A Change Of Heart About Arbitration
December 13, 2013
A few months ago, you would have reasonably thought that West Virginia was one of the most anti-arbitration states in the country. ...
December 13, 2013
A few months ago, you would have reasonably thought that West Virginia was one of the most anti-arbitration states in the country. ...
Court Rules that Google Books is Fair Use, Not Copyright Infringement
December 12, 2013
A ruling in favor of Google after 8 years of litigation about Google Books since it “has become such an important tool...
December 12, 2013
A ruling in favor of Google after 8 years of litigation about Google Books since it “has become such an important tool...
Consumer Agency Finds Arbitration Agreements Unpopular, Confusing
December 12, 2013
The Consumer Financial Protection Bureau today released a report looking at the use of arbitration agreements in consumer...
December 12, 2013
The Consumer Financial Protection Bureau today released a report looking at the use of arbitration agreements in consumer...
Crisis Negotiations: How Jamie Dimon Avoided Disaster
December 12, 2013
Sometimes the goal in negotiation is to improve your fortunes. But sometimes, the best you can hope for is to lessen the fallout from past mistakes. Take the case of JPMorgan Chase, which in September was threatened with a lawsuit from the U.S. Department of Justice (DOJ) for its sales of troubled mortgage investments during the financial crisis. JPMorgan CEO Jamie Dimon’s hands-on negotiations to settle the potential charges and avoid a lawsuit, as recounted by Ben Protess and Jessica Silver-Greenberg...
December 12, 2013
Sometimes the goal in negotiation is to improve your fortunes. But sometimes, the best you can hope for is to lessen the fallout from past mistakes. Take the case of JPMorgan Chase, which in September was threatened with a lawsuit from the U.S. Department of Justice (DOJ) for its sales of troubled mortgage investments during the financial crisis. JPMorgan CEO Jamie Dimon’s hands-on negotiations to settle the potential charges and avoid a lawsuit, as recounted by Ben Protess and Jessica Silver-Greenberg...
Law Firm Managing Partners Expect A Bad Year — For Everyone Else
December 12, 2013
At a roulette wheel in Vegas, you know the odds. The folks with all their money on red have a less than 50 percent chance of winning (47.37 percent, to get technical). There will be highs and there will be lows, but over the long haul, those poor saps swizzling their comped drinks will come out on the losing end. On the other hand, you put all your money on black because the guy on your flight told you to. Intellectually, you recognize you have the same odds of pulling out a victory as the overmatched...
December 12, 2013
At a roulette wheel in Vegas, you know the odds. The folks with all their money on red have a less than 50 percent chance of winning (47.37 percent, to get technical). There will be highs and there will be lows, but over the long haul, those poor saps swizzling their comped drinks will come out on the losing end. On the other hand, you put all your money on black because the guy on your flight told you to. Intellectually, you recognize you have the same odds of pulling out a victory as the overmatched...
You can get Release 4.0 of the GC Metrics Benchmark Survey: More Than 1,100 Participants
December 11, 2013
Release 3.0 of the General Counsel Metrics benchmark survey of staffing and spending went out two weeks ago. It covered 1,079 law departments in 28 industries. You can get Release 3.0 if you take part before December 8th. Here is the UR: https://novisurvey.net/n/GCMetrics2013.aspx There is no cost to complete the quick, confidential survey and get the Releases. Aside from some demographic questions like name, email and industry, the survey asks for six 2012 figures: number of lawyers,...
December 11, 2013
Release 3.0 of the General Counsel Metrics benchmark survey of staffing and spending went out two weeks ago. It covered 1,079 law departments in 28 industries. You can get Release 3.0 if you take part before December 8th. Here is the UR: https://novisurvey.net/n/GCMetrics2013.aspx There is no cost to complete the quick, confidential survey and get the Releases. Aside from some demographic questions like name, email and industry, the survey asks for six 2012 figures: number of lawyers,...
Pizza & Metadata: Order It The Way You Want It
December 11, 2013
The form of production is a lot like ordering a pizza: say what you want. Thin crust, sauce, topping. All are things you can order. Requesting electronically stored information is exactly the same. You can request native files and types of metadata just like you are ordering a pizza. You could also request static images with specific fields of metadata. It does take a little longer to process than 30 minutes. RPM Pizza, LLC v. Argonaut Great Cent. Ins. Co., drives home this point literally...
December 11, 2013
The form of production is a lot like ordering a pizza: say what you want. Thin crust, sauce, topping. All are things you can order. Requesting electronically stored information is exactly the same. You can request native files and types of metadata just like you are ordering a pizza. You could also request static images with specific fields of metadata. It does take a little longer to process than 30 minutes. RPM Pizza, LLC v. Argonaut Great Cent. Ins. Co., drives home this point literally...
Improving Arbitration-Award Making and Enforcement by Faithfully Implementing the Purposes and Objectives of the Federal Arbitration Act
December 11, 2013
Part I: An Introduction to the Problem and its Solution Arbitration can be a very effective way of resolving a wide range of disputes arising out of many legal and commercial relationships. It can benefit the parties if they make informed decisions about agreeing to it, and craft their agreement accordingly. It can benefit the courts and the general public by shifting to the private sector dispute-resolution costs that the public-sector would otherwise bear. Arbitration is not a perfect form...
December 11, 2013
Part I: An Introduction to the Problem and its Solution Arbitration can be a very effective way of resolving a wide range of disputes arising out of many legal and commercial relationships. It can benefit the parties if they make informed decisions about agreeing to it, and craft their agreement accordingly. It can benefit the courts and the general public by shifting to the private sector dispute-resolution costs that the public-sector would otherwise bear. Arbitration is not a perfect form...
Bringing Oxytocin into the Room
December 11, 2013
"We do not see things as they are. We see things as we are.” ~ Anais Nin ~ While people in conflict commonly make reference to the facts, behaviors, feelings, personalities, or events surrounding their conflicts, for the most part they ignore the deeper reality that these experiences are all processed and regulated by their nervous systems, and are therefore initiated, resolved, transformed, and transcended by their brains. Yet only recently have mediators begun to consider how our brains...
December 11, 2013
"We do not see things as they are. We see things as we are.” ~ Anais Nin ~ While people in conflict commonly make reference to the facts, behaviors, feelings, personalities, or events surrounding their conflicts, for the most part they ignore the deeper reality that these experiences are all processed and regulated by their nervous systems, and are therefore initiated, resolved, transformed, and transcended by their brains. Yet only recently have mediators begun to consider how our brains...
