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Class Certification’s Predominance Standard Alive and Well in the Sixth Circuit
November 14, 2013
The U.S. Supreme Court’s decision in Comcast Corp. v. Behrend [PDF] left many questions as to how courts should determine whether to certify a class under the predominance standard set forth in Rule 23(b)(3) of the Federal Rules of Civil Procedure. The U.S. Court of Appeals for the Sixth Circuit weighed in on the issue inGlazer v. Whirlpool Corp. [PDF] when it determined that unless a class action is certified as to both liability and damages, Comcast will have limited applicability. This...
November 14, 2013
The U.S. Supreme Court’s decision in Comcast Corp. v. Behrend [PDF] left many questions as to how courts should determine whether to certify a class under the predominance standard set forth in Rule 23(b)(3) of the Federal Rules of Civil Procedure. The U.S. Court of Appeals for the Sixth Circuit weighed in on the issue inGlazer v. Whirlpool Corp. [PDF] when it determined that unless a class action is certified as to both liability and damages, Comcast will have limited applicability. This...
National Labor Relations Board Increases Its Focus on Issues Impacting Nonunionized Employers (Arbitration)
November 14, 2013
II. The Board Attacks Arbitration Policies and Agreements in Two Key Ways. The Board, and its General Counsel, in recent...
November 14, 2013
II. The Board Attacks Arbitration Policies and Agreements in Two Key Ways. The Board, and its General Counsel, in recent...
Ex-PTO GC Bernard Knight on the Future of Patent Law
November 13, 2013
Bernard Knight Jr., former general counsel at the U.S. Patent and Trademark Office, played a significant role in the creation...
November 13, 2013
Bernard Knight Jr., former general counsel at the U.S. Patent and Trademark Office, played a significant role in the creation...
Vulnerability, A Defense Against Difficult People
November 13, 2013
This weekend, I gave a speech on dealing with difficult and we were discussing the strategy of making yourself vulnerable to combat a difficult person. Being vulnerable allows you to achieve some very valuable things in developing rapport with that difficult person. First, you can start to build trust. Today, most people are exposed to a lot of talk, but very little action. They feel that many people aren’t genuine in their interactions. And as such, they don’t let their guard down....
November 13, 2013
This weekend, I gave a speech on dealing with difficult and we were discussing the strategy of making yourself vulnerable to combat a difficult person. Being vulnerable allows you to achieve some very valuable things in developing rapport with that difficult person. First, you can start to build trust. Today, most people are exposed to a lot of talk, but very little action. They feel that many people aren’t genuine in their interactions. And as such, they don’t let their guard down....
New Optional Rules Created for Appellate Arbitration
November 13, 2013
The American Arbitration Association (AAA) and the International Centre for Dispute Resolution (ICDR) announced Friday that parties wanting further review of an arbitrator’s award decision will now have a specific and streamlined procedure to follow. The new “Optional Appellate Arbitration Rules” from the AAA, one of the top organizations administering alternative dispute resolution (ADR) cases, will add a new dimension to existing appellate arbitration options. Before the introduction...
November 13, 2013
The American Arbitration Association (AAA) and the International Centre for Dispute Resolution (ICDR) announced Friday that parties wanting further review of an arbitrator’s award decision will now have a specific and streamlined procedure to follow. The new “Optional Appellate Arbitration Rules” from the AAA, one of the top organizations administering alternative dispute resolution (ADR) cases, will add a new dimension to existing appellate arbitration options. Before the introduction...
When Imperfect is Good Enough
November 13, 2013
Striving for perfection is a lauded goal in society. Professional athletes who spend endless hours perfecting their technique are often the ones signing the huge contracts and getting on the covers of Wheaties boxes. The students who get straight A’s are the ones speaking at graduation. You won’t get a Nobel prize for so-so contributions to science. But when it comes to negotiations, there is no such thing as the perfect deal or settlement. If your idea of the perfect lawsuit settlement...
November 13, 2013
Striving for perfection is a lauded goal in society. Professional athletes who spend endless hours perfecting their technique are often the ones signing the huge contracts and getting on the covers of Wheaties boxes. The students who get straight A’s are the ones speaking at graduation. You won’t get a Nobel prize for so-so contributions to science. But when it comes to negotiations, there is no such thing as the perfect deal or settlement. If your idea of the perfect lawsuit settlement...
Skadden, Yetter Coleman Face Off Over Arbitration Vacatur
November 13, 2013
Austin boutique Yetter Coleman sought to disqualify an arbitrator from a client matter, after one of its name partners scored...
November 13, 2013
Austin boutique Yetter Coleman sought to disqualify an arbitrator from a client matter, after one of its name partners scored...
Fifth Circuit Securities Update
November 12, 2013
Since the end of the last survey period, the Supreme Court issued a significant decision holding that defendants in Rule 10b-5 securities fraud actions could not defeat class certification by contesting the materiality of the alleged misrepresentations. Shortly thereafter, the Fifth Circuit applied this holding to bar securities fraud defendants from contesting class certification by arguing that the alleged misrepresentations did not affect the stock price. The Fifth Circuit also addressed several...
November 12, 2013
Since the end of the last survey period, the Supreme Court issued a significant decision holding that defendants in Rule 10b-5 securities fraud actions could not defeat class certification by contesting the materiality of the alleged misrepresentations. Shortly thereafter, the Fifth Circuit applied this holding to bar securities fraud defendants from contesting class certification by arguing that the alleged misrepresentations did not affect the stock price. The Fifth Circuit also addressed several...
LinkedIn Post Likely Didn’t Violate Noncompete Clause
November 12, 2013
A LinkedIn profile update alerting a user’s contacts about her new job did not necessarily constitute a solicitation of business that ran afoul of her noncompete agreement, a Massachusetts trial judge has ruled. KNF&T Inc. v. Muller was filed last month in Suffolk, Mass., Superior Court against former KNF&T vice president Charlotte Muller and her new employer, Panther Global Group Inc. KNF&T, which does business as KNF&T Staffing Resources, claims Muller violated her one-year...
November 12, 2013
A LinkedIn profile update alerting a user’s contacts about her new job did not necessarily constitute a solicitation of business that ran afoul of her noncompete agreement, a Massachusetts trial judge has ruled. KNF&T Inc. v. Muller was filed last month in Suffolk, Mass., Superior Court against former KNF&T vice president Charlotte Muller and her new employer, Panther Global Group Inc. KNF&T, which does business as KNF&T Staffing Resources, claims Muller violated her one-year...
Lawyering in the Shadow of Data
November 12, 2013
Attorney bargaining has traditionally taken place in the shadow of trial, as litigants alter their pretrial behavior --- including their willingness to negotiate a settlement --- based on perceptions of likely outcomes at trial and anticipated litigation costs. Lawyers practicing in the shadow of trial have, in turn, traditionally formed their perception of the likely outcome at trial based on their knowledge of case precedents, intuition, and previous interactions with the presiding judge and opposing...
November 12, 2013
Attorney bargaining has traditionally taken place in the shadow of trial, as litigants alter their pretrial behavior --- including their willingness to negotiate a settlement --- based on perceptions of likely outcomes at trial and anticipated litigation costs. Lawyers practicing in the shadow of trial have, in turn, traditionally formed their perception of the likely outcome at trial based on their knowledge of case precedents, intuition, and previous interactions with the presiding judge and opposing...
