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Another Reason for the Bad Job Market
August 13, 2013
Between 1980 and 2005, the median age of lawyers increased from 39 to 49. ... The number of lawyers [in California] between...
August 13, 2013
Between 1980 and 2005, the median age of lawyers increased from 39 to 49. ... The number of lawyers [in California] between...
New Research Tool
August 13, 2013
There's an amazing new feature on Bloomberg BNA's Labor and Employment Law Resource Center called the "Labor and Employment...
August 13, 2013
There's an amazing new feature on Bloomberg BNA's Labor and Employment Law Resource Center called the "Labor and Employment...
Understanding the Scope of the Duty to Preserve
August 13, 2013
The important litigation hold cases are not the ones that issue monstrous sanction awards; The important cases are the ones that demonstrate the analytical framework to understand how the law works. These are the opinions that help us represent our clients in knowing what to do when litigation is reasonably anticipated. Magistrate Judge Paul Grewal’s opinion in AMC Tech., LLC v. Cisco Sys., is such a case that breaks down the duty to preserve, triggering events and the timeline of facts. I think...
August 13, 2013
The important litigation hold cases are not the ones that issue monstrous sanction awards; The important cases are the ones that demonstrate the analytical framework to understand how the law works. These are the opinions that help us represent our clients in knowing what to do when litigation is reasonably anticipated. Magistrate Judge Paul Grewal’s opinion in AMC Tech., LLC v. Cisco Sys., is such a case that breaks down the duty to preserve, triggering events and the timeline of facts. I think...
Court Finds CAFA Ambiguous, but Clear, on Attorney Fees
August 13, 2013
Class action counsel in Class Action Fairness Act (CAFA) “coupon cases” are entitled to attorney fees based only on a percentage-of-recovery value of the coupons redeemed by class members, according to the U.S. Court of Appeals for the Ninth Circuit (Ninth Circuit). The appellate court found CAFA’s text ambiguous, but a divided panel nonetheless reversed the district court’s award and concluded that Congress clearly meant to limit attorney fees in coupon cases to a portion of the value...
August 13, 2013
Class action counsel in Class Action Fairness Act (CAFA) “coupon cases” are entitled to attorney fees based only on a percentage-of-recovery value of the coupons redeemed by class members, according to the U.S. Court of Appeals for the Ninth Circuit (Ninth Circuit). The appellate court found CAFA’s text ambiguous, but a divided panel nonetheless reversed the district court’s award and concluded that Congress clearly meant to limit attorney fees in coupon cases to a portion of the value...
Facebook “Tagging” Adds a New Wrinkle to Social Media Discovery
August 13, 2013
More litigants are requesting that their adversaries produce social media evidence during litigation. Often this information...
August 13, 2013
More litigants are requesting that their adversaries produce social media evidence during litigation. Often this information...
Recent Survey of Pre-Law Students Finds That Nearly 80% Want Legal Education to be More Practical
August 12, 2013
That's according to a survey in June of 750 prospective law students who took Kaplan Test Prep's LSAT course. The same survey also showed that more than half of those students contemplating law school plan to use their J.D. in a "non-traditional" legal field. The National Jurist's preLaw blog has the story: Pre-law students want legal education to change The vast majority of prospective law students — 79 percent — believe law schools need to make changes to better prepare students to practice...
August 12, 2013
That's according to a survey in June of 750 prospective law students who took Kaplan Test Prep's LSAT course. The same survey also showed that more than half of those students contemplating law school plan to use their J.D. in a "non-traditional" legal field. The National Jurist's preLaw blog has the story: Pre-law students want legal education to change The vast majority of prospective law students — 79 percent — believe law schools need to make changes to better prepare students to practice...
Federal Court Doesn’t ‘Like” Service of Process via Facebook — Joe Hand Proms. v. Carrette
August 12, 2013
People have mused about the inevitability of service of process via Facebook, but a recent decision shows that it may not be so quick...
August 12, 2013
People have mused about the inevitability of service of process via Facebook, but a recent decision shows that it may not be so quick...
The 2013 GC Compensation Survey
August 12, 2013
General Electric Company didn't mince words in its most recent proxy statement. Summing up general counsel Brackett Denniston III's performance, it says: "Mr. Denniston had a strong year in 2012." It must have been a very strong year indeed. In fact, Denniston, GC of the Fairfield, Connecticut–based company since 2004, took home $10.9 million in total cash compensation in 2012. After a three-year absence from Corporate Counsel's GC Compensation Survey, Denniston returned in style — finishing...
August 12, 2013
General Electric Company didn't mince words in its most recent proxy statement. Summing up general counsel Brackett Denniston III's performance, it says: "Mr. Denniston had a strong year in 2012." It must have been a very strong year indeed. In fact, Denniston, GC of the Fairfield, Connecticut–based company since 2004, took home $10.9 million in total cash compensation in 2012. After a three-year absence from Corporate Counsel's GC Compensation Survey, Denniston returned in style — finishing...
Ethical Breach by Class Counsel Does Not Defeat Certification
August 12, 2013
An ethical breach by class counsel does not automatically render counsel inadequate under Federal Rule of Civil Procedure 23(g)(1)(B). To preclude certification, class counsel's misconduct must either prejudice the class or undermine the integrity of the judicial proceedings, according to the U.S. Court of Appeals for the Seventh Circuit.Reliable Money Order, Inc. v. McKnight Sales Co. The Original Class Actions A law firm filed four class actions alleging violations of the Telephone Consumer...
August 12, 2013
An ethical breach by class counsel does not automatically render counsel inadequate under Federal Rule of Civil Procedure 23(g)(1)(B). To preclude certification, class counsel's misconduct must either prejudice the class or undermine the integrity of the judicial proceedings, according to the U.S. Court of Appeals for the Seventh Circuit.Reliable Money Order, Inc. v. McKnight Sales Co. The Original Class Actions A law firm filed four class actions alleging violations of the Telephone Consumer...
Texas Courts Like Arbitration – Nationsbuilders Part II
August 12, 2013
Last week we profiled the Nationsbuilders case, an opinion from the Dallas Court of Appeals that touched on a number of post-employment covenant issues. The underlying case was an attempt by a group of defendants to undo an arbitration award entered against them. They were successful with the trial court but reversed by the court of appeals. Last week we discussed the anti-planning provision that was in the agreement between the parties. The arbitrator made the following finding with respect...
August 12, 2013
Last week we profiled the Nationsbuilders case, an opinion from the Dallas Court of Appeals that touched on a number of post-employment covenant issues. The underlying case was an attempt by a group of defendants to undo an arbitration award entered against them. They were successful with the trial court but reversed by the court of appeals. Last week we discussed the anti-planning provision that was in the agreement between the parties. The arbitrator made the following finding with respect...
