There is a famous sketch by Monty Python in which the lead character (Michael Palin) is looking to buy a five-minute argument. He walks into an office where the receptionist offers him some options. One of the options involves a person who is too conciliatory. She decides that there is a good argument available and directs him to a private room where another character swears at him and basically terrorizes him with “abuse.” Palin complains, indicating he was looking for an argument. The abuser...
Litigants cannot be forced to arbitrate disputes through class arbitration unless they agree to do so. This is the U.S. Supreme Court’s message delivered in two opinions addressing the enforceability of arbitration provisions and class action waivers. With these opinions, the Court signaled that the language of the arbitration agreement controls whether a case may be maintained as a class action or whether a class action is precluded.
Choose Language Carefully
The Supreme Court issued its unanimous...
In the growing landscape of alternative dispute resolution, there is more leniency when it comes to evidentiary and civil procedures. But there are some soft skills that lawyers must learn before going into mediation. In a post on Maynard Cooper & Gale’s Employment Law Blog, Janell Ahnert outlines some key no-nos of mediation:
MAKING AN AGGRESSIVE OPENING STATEMENT
Ahnert suggests telling your client ahead of the mediation that he/she will have a better chance of success if you are not an overly...
A year ago, we released Course Builder, an experimental platform for online education at scale. Since then, individuals have created courses on everything from game theory to philanthropy, offered to curious people around the world. Universities and non-profit organizations have used the platform to experiment with MOOCs, while maintaining direct relationships with their participants. Google has published a number of courses including Introduction to Web Accessibility which opens for registration...
For in-house counsel, litigation is not just about winning a case, but rather about managing risk and expenses associated with litigation. Forward-looking corporate legal departments are constantly exploring various discovery management methodologies to help prepare for litigation in a cost effective manner. In this second part of a two-part article, we look at two more options.
A survey of in-house counsel reported that 92 percent of respondents anticipate either the same amount of litigation or an increase in litigation this year. The ninth annual “Litigation Trends Survey,” commissioned by Fulbright & Jaworski, found that 31 percent of respondents reported that their company was facing at least one lawsuit with more than $20 million at issue.
For in-house counsel, litigation is not just about winning a case, rather it's about managing risk and expenses associated...
Legal operations at American International Group Inc. are undergoing a global makeover as the company looks for ways to cut outside counsel costs, increase quality, and achieve efficiencies in the 130 countries where it does business.
“We are undertaking a review of our legal panels [law firms] for businesses,” confirmed Aaron Katzel, AIG associate general counsel and head of its global Legal Operations Center (LOC).
Katzel told CorpCounsel.com on Friday that the LOC was created last year...
Linklaters, the U.K.-based global law firm recently announced the replacement of their document comparison software. The 5,000 person-firm will now use compareDocs — a product ofDocsCorp, instead of Workshare as its main comparison tool.
In a statement, the director of information systems of Linklaters, Sue Hall, said the drive behind the move, "was the need to move document comparison beyond Word documents. Formats such as PDFs, Excel spreadsheets and PowerPoint presentations are increasingly...