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Arkansas Court Orders Arbitration in LegalZoom Case
October 16, 2013
Arkansas' highest court says a lawsuit that accuses an online legal document services company of illegally practicing law in the state...
October 16, 2013
Arkansas' highest court says a lawsuit that accuses an online legal document services company of illegally practicing law in the state...
Spreading ADR Best Practices Around the World
October 16, 2013
Although many countries have not developed formal ADR processes as part of their legal systems, dispute resolution practices have been in place practically since the beginning of time. These practices have taken on many forms in different societies and they continue to evolve and mature. While many of us think of ADR only in a legal and commercial context, some of the most effective systems in the world exist in some of the least developed economies. Systems like conciliation, negotiation and adjudication...
October 16, 2013
Although many countries have not developed formal ADR processes as part of their legal systems, dispute resolution practices have been in place practically since the beginning of time. These practices have taken on many forms in different societies and they continue to evolve and mature. While many of us think of ADR only in a legal and commercial context, some of the most effective systems in the world exist in some of the least developed economies. Systems like conciliation, negotiation and adjudication...
Corpus Christi COA Affirms Temporary Injunction Pending Arbitration
October 16, 2013
The Corpus Christi Court of Appeals has affirmed a temporary injunction pending arbitration in a natural gas pipeline dispute. ...
October 16, 2013
The Corpus Christi Court of Appeals has affirmed a temporary injunction pending arbitration in a natural gas pipeline dispute. ...
Rules Update: Improved AAA Commercial Rules; NAF Rules Not An Obstacle To Enforcing Arbitration
October 16, 2013
On October 1, new Commercial Arbitration Rules became effective at the American Arbitration Association (AAA). These rules are likely to apply to all commercial arbitrations filed on and after October 1 (unless an arbitration agreement specifically provides for old rules). The AAA posted its own summary of the changes. Four of the most notable include: Greater specificity about allowable discovery, as well as clear authority for arbitrators to enforce discovery orders or sanction those...
October 16, 2013
On October 1, new Commercial Arbitration Rules became effective at the American Arbitration Association (AAA). These rules are likely to apply to all commercial arbitrations filed on and after October 1 (unless an arbitration agreement specifically provides for old rules). The AAA posted its own summary of the changes. Four of the most notable include: Greater specificity about allowable discovery, as well as clear authority for arbitrators to enforce discovery orders or sanction those...
Planned Early Dispute Resolution Resources
October 16, 2013
Readers might be interested in taking a look at the User Guide and other resources developed by the Planned Early Dispute Resolution Task Force of the ABA Section of Dispute Resolution, which was co-sponsored by the AAA, CPR, and JAMS. The User Guide, largely reflecting the work of Task Force Chair John Lande of the University of Missouri School of Law, is designed to help businesses plan for and manage disputes at the earliest appropriate time. It includes a podcast describing how lawyers...
October 16, 2013
Readers might be interested in taking a look at the User Guide and other resources developed by the Planned Early Dispute Resolution Task Force of the ABA Section of Dispute Resolution, which was co-sponsored by the AAA, CPR, and JAMS. The User Guide, largely reflecting the work of Task Force Chair John Lande of the University of Missouri School of Law, is designed to help businesses plan for and manage disputes at the earliest appropriate time. It includes a podcast describing how lawyers...
Seminar on Short Trial Program Scheduled for Nevada Federal Court
October 15, 2013
The U.S. District Court for the District of Nevada will hold a CLE seminar on its new short trial pilot program on October 9. The pilot promises an expedited trial —both early and short—in civil cases. Short trial rules (pdf) control the length of the trial, including restrictions on discovery, the use of smaller juries, and time limits for presentation of evidence. Among the short trial benefits are a firm trial date and lower litigation costs. The District of Nevada is one of a growing...
October 15, 2013
The U.S. District Court for the District of Nevada will hold a CLE seminar on its new short trial pilot program on October 9. The pilot promises an expedited trial —both early and short—in civil cases. Short trial rules (pdf) control the length of the trial, including restrictions on discovery, the use of smaller juries, and time limits for presentation of evidence. Among the short trial benefits are a firm trial date and lower litigation costs. The District of Nevada is one of a growing...
US Supreme Court Denies Certiorari in Two Arbitration-related Cases
October 15, 2013
On October 7, 2013, the United States Supreme Court denied certiorari to the following cases concerning arbitration, Bakoss v. Certain Underwriters at Lloyds of London Issuing Certificate No. 0510135, 707 F.3d 140 (2d Cir. 2013) and Kramer v. Toyota Motor Corp., 705 F.3d 1122 (9th Cir. 2013). Bakoss concerns the definition of “arbitration” under the Federal Arbitration Act (FAA) and state law, whereas Kramer involved an attempt by a nonsignatory to an arbitration agreement to compel arbitration....
October 15, 2013
On October 7, 2013, the United States Supreme Court denied certiorari to the following cases concerning arbitration, Bakoss v. Certain Underwriters at Lloyds of London Issuing Certificate No. 0510135, 707 F.3d 140 (2d Cir. 2013) and Kramer v. Toyota Motor Corp., 705 F.3d 1122 (9th Cir. 2013). Bakoss concerns the definition of “arbitration” under the Federal Arbitration Act (FAA) and state law, whereas Kramer involved an attempt by a nonsignatory to an arbitration agreement to compel arbitration....
Developing Strategies for Asking Questions in Negotiation
October 15, 2013
Although negotiation writers often advise negotiators to have a strategy for asking their counterparts questions, the negotiation literature does not currently provide a detailed discussion of how to develop a strategy for asking questions in negotiation. This essay begins that discussion. In doing so, it draws from such disciplines as logic, linguistics, and cognitive psychology, in which the act of questioning has been examined with the goal of developing theory. This article also draws from such...
October 15, 2013
Although negotiation writers often advise negotiators to have a strategy for asking their counterparts questions, the negotiation literature does not currently provide a detailed discussion of how to develop a strategy for asking questions in negotiation. This essay begins that discussion. In doing so, it draws from such disciplines as logic, linguistics, and cognitive psychology, in which the act of questioning has been examined with the goal of developing theory. This article also draws from such...
The Role of the Internet in the Conduct of Litigation
October 15, 2013
Much has been written (in this column and elsewhere) regarding lawyers' adoption of social media and other Internet-enabled applications for such diverse purposes as discovery, advertising, client communication, research and the like. Indeed, due to the proliferation of portable devices, including laptops, smartphones and tablets, whether in their offices or not, lawyers now rely on ubiquitous and pervasive Internet access to perform a host of practice-related tasks. It has become such an integral...
October 15, 2013
Much has been written (in this column and elsewhere) regarding lawyers' adoption of social media and other Internet-enabled applications for such diverse purposes as discovery, advertising, client communication, research and the like. Indeed, due to the proliferation of portable devices, including laptops, smartphones and tablets, whether in their offices or not, lawyers now rely on ubiquitous and pervasive Internet access to perform a host of practice-related tasks. It has become such an integral...
NSA Collects Millions of E-mail Address Books Globally
October 15, 2013
The National Security Agency is harvesting hundreds of millions of contact lists from personal e-mail and instant messaging accounts around the world, many of them belonging to Americans, according to senior intelligence officials and top-secret documents provided by former NSA contractor Edward Snowden. The collection program, which has not been disclosed before, intercepts e-mail address books and “buddy lists” from instant messaging services as they move across global data links. Online...
October 15, 2013
The National Security Agency is harvesting hundreds of millions of contact lists from personal e-mail and instant messaging accounts around the world, many of them belonging to Americans, according to senior intelligence officials and top-secret documents provided by former NSA contractor Edward Snowden. The collection program, which has not been disclosed before, intercepts e-mail address books and “buddy lists” from instant messaging services as they move across global data links. Online...
