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Manifest Disregard
November 18, 2013
Thanks to Jon Harkavy for sending us the unpublished Fourth Circuit case of Dewan v. Walia. It's one of the extraordinarily rare cases in which a court has overturned an arbitration award for manifest disregard of the law. * * * Objectively viewed, the language of the Release could not be more expansive, clear, or unambiguous. The plain language of the Release fatally undermines the suggestion that Walia retained the right to bring any of his counterclaims in arbitration. The Release waived...
November 18, 2013
Thanks to Jon Harkavy for sending us the unpublished Fourth Circuit case of Dewan v. Walia. It's one of the extraordinarily rare cases in which a court has overturned an arbitration award for manifest disregard of the law. * * * Objectively viewed, the language of the Release could not be more expansive, clear, or unambiguous. The plain language of the Release fatally undermines the suggestion that Walia retained the right to bring any of his counterclaims in arbitration. The Release waived...
The Changing State of Employment Arbitration
November 18, 2013
AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011), set substantial restrictions on state laws limiting the enforceability of arbitration agreements governed by the Federal Arbitration Act. Since then, the U.S. Supreme Court has carried on removing obstacles to arbitration imposed by lower courts, and California courts have begun addressing whether judicially-created impediments to arbitration survive Concepcion. This year in California, arbitration law saw the continuing consequences ofConcepcion,...
November 18, 2013
AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011), set substantial restrictions on state laws limiting the enforceability of arbitration agreements governed by the Federal Arbitration Act. Since then, the U.S. Supreme Court has carried on removing obstacles to arbitration imposed by lower courts, and California courts have begun addressing whether judicially-created impediments to arbitration survive Concepcion. This year in California, arbitration law saw the continuing consequences ofConcepcion,...
Ninth Circuit Affirms Order Certifying Meal Period Class
November 18, 2013
Abdullah v. U.S. Security Associates, Inc., ___ F.3d ___ (9th Cir. 9/27/13), is the first Ninth Circuit case that I'm aware of dealing with certification of meal or rest period claims in the wake of Brinker v. Superior Court. The putative class members in Abdullah were security guards, the vast majority of whom worked alone, with no other guards on duty at the same time. The employer, USAA, required them to sign "on duty" meal period agreements as a condition of employment. Slip op. at 4-6....
November 18, 2013
Abdullah v. U.S. Security Associates, Inc., ___ F.3d ___ (9th Cir. 9/27/13), is the first Ninth Circuit case that I'm aware of dealing with certification of meal or rest period claims in the wake of Brinker v. Superior Court. The putative class members in Abdullah were security guards, the vast majority of whom worked alone, with no other guards on duty at the same time. The employer, USAA, required them to sign "on duty" meal period agreements as a condition of employment. Slip op. at 4-6....
10 Quick LinkedIn Tips and Strategies to Optimize Your Profile and Use
November 17, 2013
So, here are 10 LinkedIn tips to quickly optimize your profile and your reach, and to make the time spent there more meaningful and rewarding. Use a LinkedIn Email Signature – Include a link to your LinkedIn profile in your email signature or create uniqueHTML version here. (Login to your LInkedIn account first.) Website integration – Use LinkedIn plugins on the “About” page on your website or blog. Be creative with your headlines – Use your alloted 120 characters creatively....
November 17, 2013
So, here are 10 LinkedIn tips to quickly optimize your profile and your reach, and to make the time spent there more meaningful and rewarding. Use a LinkedIn Email Signature – Include a link to your LinkedIn profile in your email signature or create uniqueHTML version here. (Login to your LInkedIn account first.) Website integration – Use LinkedIn plugins on the “About” page on your website or blog. Be creative with your headlines – Use your alloted 120 characters creatively....
Google+ Gets a Google-Sized Series of Updates
November 17, 2013
Google aims to revolutionize photography and the way its users tell their stories. At least, that’s what we learned in the “A Morning With Google+” event that broadcast live from Google studios. No longer a ghost town With over 500 million users, Google+ is where the action is moving. If you’re not on board, you’re missing the train.
November 17, 2013
Google aims to revolutionize photography and the way its users tell their stories. At least, that’s what we learned in the “A Morning With Google+” event that broadcast live from Google studios. No longer a ghost town With over 500 million users, Google+ is where the action is moving. If you’re not on board, you’re missing the train.
Your Law Firm has a 12% Chance of Winning an RFP
November 17, 2013
A law firm’s chances of winning an RFP drop to less than 12% if it hasn't helped their client prepare the RFP, according to The BTI Consulting Group’s research. I've long been skeptical that competing in RFPs is a realistic way for law firms to get new business. Most of them are "wired," with the winner predetermined in advance, others are fishing expeditions to find out fees, and some are bullying tactics to force a company's law firms to lower their rates. Even if a law firm wins an RFP,...
November 17, 2013
A law firm’s chances of winning an RFP drop to less than 12% if it hasn't helped their client prepare the RFP, according to The BTI Consulting Group’s research. I've long been skeptical that competing in RFPs is a realistic way for law firms to get new business. Most of them are "wired," with the winner predetermined in advance, others are fishing expeditions to find out fees, and some are bullying tactics to force a company's law firms to lower their rates. Even if a law firm wins an RFP,...
Speak Softly and Carry a Big Dataset
November 17, 2013
Wolfram|Alpha is currently in the process of rolling out data on historic sites and landmarks. If you’re visiting a new city,...
November 17, 2013
Wolfram|Alpha is currently in the process of rolling out data on historic sites and landmarks. If you’re visiting a new city,...
Handwriting Input Comes to Gmail and Google Docs
November 17, 2013
Gmail and Docs offer wide language support, however in some cases using the keyboard is less than ideal. Whether you’re a student trying to include a foreign phrase in your paper or an international consultant hoping to begin your message with a friendly local greeting, now you’ll be able to use your own handwriting to input words directly into Gmail and Google Docs with your mouse or trackpad. To try it out, enable input tools in Gmail or Docs and select the handwriting input (represented...
November 17, 2013
Gmail and Docs offer wide language support, however in some cases using the keyboard is less than ideal. Whether you’re a student trying to include a foreign phrase in your paper or an international consultant hoping to begin your message with a friendly local greeting, now you’ll be able to use your own handwriting to input words directly into Gmail and Google Docs with your mouse or trackpad. To try it out, enable input tools in Gmail or Docs and select the handwriting input (represented...
New Article on Legal Education
November 16, 2013
In This, the Winter of Our Discontent: Legal Practice, Legal Education, and the Culture of Distrust by Alfred S. Konefsky and Barry Sullivan. Abstract: "This essay seeks to situate the challenges facing legal education within the broader context of professional culture — a context that seems to us to have been neglected in the present debates. In a sense, the “market reformers” have been swept up, consciously or not, in a wider movement that elevates markets over other forms of social analysis...
November 16, 2013
In This, the Winter of Our Discontent: Legal Practice, Legal Education, and the Culture of Distrust by Alfred S. Konefsky and Barry Sullivan. Abstract: "This essay seeks to situate the challenges facing legal education within the broader context of professional culture — a context that seems to us to have been neglected in the present debates. In a sense, the “market reformers” have been swept up, consciously or not, in a wider movement that elevates markets over other forms of social analysis...
Half of All Law Firm Mergers Fail
November 16, 2013
In the third quarter alone, there were 19 law firm mergers and acquisitions announced in the United States, according to Altman Weil MergerLine. There have been a total of 58 law firm combinations announced this year – up 41% compared to the first three quarters of 2012, and the total may top out at 70. According to Altman Weil: Stinson Morrison Hecker, a Midwestern law firm headquartered in Kansas City, announced it would merge with Minneapolis-based Leonard Street and Deinard. Lewis and Roca,...
November 16, 2013
In the third quarter alone, there were 19 law firm mergers and acquisitions announced in the United States, according to Altman Weil MergerLine. There have been a total of 58 law firm combinations announced this year – up 41% compared to the first three quarters of 2012, and the total may top out at 70. According to Altman Weil: Stinson Morrison Hecker, a Midwestern law firm headquartered in Kansas City, announced it would merge with Minneapolis-based Leonard Street and Deinard. Lewis and Roca,...
