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Bankruptcy Filings Drop 12 Percent in Fiscal Year 2013
October 25, 2013
Bankruptcy cases filed in federal courts for fiscal year 2013—the 12-month period ending September 30, 2013—totaled 1,107,699, down 12 percent from the 1,261,140 bankruptcy cases filed in FY 2012, according to statistics released today by the Administrative Office of the U.S. Courts. Additional statistics released today include: Business and non-business bankruptcy filings for the 12-month period ending September 30, 2013 (Table F-2, 12-month); A comparison of September...
October 25, 2013
Bankruptcy cases filed in federal courts for fiscal year 2013—the 12-month period ending September 30, 2013—totaled 1,107,699, down 12 percent from the 1,261,140 bankruptcy cases filed in FY 2012, according to statistics released today by the Administrative Office of the U.S. Courts. Additional statistics released today include: Business and non-business bankruptcy filings for the 12-month period ending September 30, 2013 (Table F-2, 12-month); A comparison of September...
Big Data: Big Deal or Big Win?
October 25, 2013
Big Data for Law Departments Most law practices are by nature reactive. The in-house counsel don’t know in advance what products liability suits will be filed or what transactions management will pursue, so the lawyers stand ready to tackle whatever might come their way. But some in-house counsel are looking into the business itself for leading indicators. One in-house lawyer I recently interviewed reviews production quality control data with manufacturing line managers in order to better understand...
October 25, 2013
Big Data for Law Departments Most law practices are by nature reactive. The in-house counsel don’t know in advance what products liability suits will be filed or what transactions management will pursue, so the lawyers stand ready to tackle whatever might come their way. But some in-house counsel are looking into the business itself for leading indicators. One in-house lawyer I recently interviewed reviews production quality control data with manufacturing line managers in order to better understand...
The Pros and Cons of ADR Clauses
October 25, 2013
Employers across the country have witnessed a flurry of significant decisions in recent years culminating in several U.S. Supreme Court rulings reinforcing the enforceability of arbitration agreements generally, and more specifically, class action waiver provisions. These headline-grabbing cases have sparked renewed debate as to whether arbitration programs are advisable, particularly in California where the fate of class action waivers is less certain and existing case law imposes a number of requirements...
October 25, 2013
Employers across the country have witnessed a flurry of significant decisions in recent years culminating in several U.S. Supreme Court rulings reinforcing the enforceability of arbitration agreements generally, and more specifically, class action waiver provisions. These headline-grabbing cases have sparked renewed debate as to whether arbitration programs are advisable, particularly in California where the fate of class action waivers is less certain and existing case law imposes a number of requirements...
New San Francisco Forum Promotes E-Discovery Mediation
October 25, 2013
Resolving e-discovery disputes is a daunting process for even the most well-staffed law firms. It’s an even greater challenge for smaller firms with leaner budgets and limited opportunities for training. This scenario is motivating e-discovery reform proponents to focus on mediation for both the management of the electronic data discovery process and resolution of EDD disputes in civil cases. Monday, the inaugural meeting of the San Francisco Bay Area E-Discovery Forum was held at Hanson Bridgett,...
October 25, 2013
Resolving e-discovery disputes is a daunting process for even the most well-staffed law firms. It’s an even greater challenge for smaller firms with leaner budgets and limited opportunities for training. This scenario is motivating e-discovery reform proponents to focus on mediation for both the management of the electronic data discovery process and resolution of EDD disputes in civil cases. Monday, the inaugural meeting of the San Francisco Bay Area E-Discovery Forum was held at Hanson Bridgett,...
Crowdsourcing Legal Information: Fad or Change Agent?
October 24, 2013
The wisdom of the masses may not be worth much, but publishers seems to be taking into account the wisdom of experts. The impact...
October 24, 2013
The wisdom of the masses may not be worth much, but publishers seems to be taking into account the wisdom of experts. The impact...
Wage-and-Hour Litigation on the Rise
October 24, 2013
Connie Lensing, a top FedEx Corp. lawyer, gave U.S. business leaders at theU.S. Chamber Institute for Legal Reform 14th Annual Legal Reform Summit a tough pill to swallow: Wage-and-hour class action lawsuits are on the rise. Speaking at the Wednesday event in Washington, D.C., Lensing—who is also on the board of directors and executive committee for the ILR—cited statistics from a new ILR trends report that says a major wage-and-hour litigation influx has come, overtaking other types of workplace...
October 24, 2013
Connie Lensing, a top FedEx Corp. lawyer, gave U.S. business leaders at theU.S. Chamber Institute for Legal Reform 14th Annual Legal Reform Summit a tough pill to swallow: Wage-and-hour class action lawsuits are on the rise. Speaking at the Wednesday event in Washington, D.C., Lensing—who is also on the board of directors and executive committee for the ILR—cited statistics from a new ILR trends report that says a major wage-and-hour litigation influx has come, overtaking other types of workplace...
A GC and a Litigation Counsel’s Fireside Chat
October 24, 2013
VIEWING LITIGATION THROUGH A BUSINESS LENS Ken Siegel: As a GC, I am the primary interface between outside counsel and my clients--the executives and the board. My clients always view litigation through a business lens: What are the costs/benefits and odds of prevailing in litigation? What business goals will be achieved by a "win" and what harm sustained by a "loss"? A key part of my job is to translate "litigation" into "business," and then provide legal counsel and advice to the ultimate...
October 24, 2013
VIEWING LITIGATION THROUGH A BUSINESS LENS Ken Siegel: As a GC, I am the primary interface between outside counsel and my clients--the executives and the board. My clients always view litigation through a business lens: What are the costs/benefits and odds of prevailing in litigation? What business goals will be achieved by a "win" and what harm sustained by a "loss"? A key part of my job is to translate "litigation" into "business," and then provide legal counsel and advice to the ultimate...
Appeals Court Throws Out Confidential Arbitration in Delaware
October 24, 2013
A decision by a federal appeals court has ended Delaware’s experiment with confidential arbitration. In an opinion released Wednesday, a three-judge panel for the United States Court of Appeals for the Third Circuit upheld a lower court ruling that Delaware’s state-sponsored arbitration program violated the First Amendment. The controversial arbitration program was established by Delaware in 2009. Delaware is the leading state for incorporations by public companies, and the five judges...
October 24, 2013
A decision by a federal appeals court has ended Delaware’s experiment with confidential arbitration. In an opinion released Wednesday, a three-judge panel for the United States Court of Appeals for the Third Circuit upheld a lower court ruling that Delaware’s state-sponsored arbitration program violated the First Amendment. The controversial arbitration program was established by Delaware in 2009. Delaware is the leading state for incorporations by public companies, and the five judges...
In-House Legal Departments Turning Into Mini-Firms?
October 24, 2013
Around the world, some in-house legal departments are beginning to wonder what their expertise is worth outside the company. A legal consultant in Australia claims a group of insurance underwriters has considered establishing its own "captive law firm" that would serve its needs as well as other similar clients. And a British construction company is allowing its in-house legal department to offer low-cost services to other companies in the same industry. George Beaton, executive chairman of Beaton...
October 24, 2013
Around the world, some in-house legal departments are beginning to wonder what their expertise is worth outside the company. A legal consultant in Australia claims a group of insurance underwriters has considered establishing its own "captive law firm" that would serve its needs as well as other similar clients. And a British construction company is allowing its in-house legal department to offer low-cost services to other companies in the same industry. George Beaton, executive chairman of Beaton...
SEC Introduces, Unanimously Approves Crowdfunding Proposals
October 23, 2013
The Securities and Exchange Commission on Wednesday formally proposed new rules that would allow entrepreneurs to raise capital from anyone in the country through online investment portals.The new rules, which were approved unanimously by the five-member commission and now enter a three-month comment period, would give companies the green light to start widely selling securities through what are known as crowdfunding portals. Right now, entrepreneurs can offer equity deals through the marketplaces...
October 23, 2013
The Securities and Exchange Commission on Wednesday formally proposed new rules that would allow entrepreneurs to raise capital from anyone in the country through online investment portals.The new rules, which were approved unanimously by the five-member commission and now enter a three-month comment period, would give companies the green light to start widely selling securities through what are known as crowdfunding portals. Right now, entrepreneurs can offer equity deals through the marketplaces...
