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Plaintiffs’ Obligation To Cooperate
August 2, 2013
The plaintiffs’ duty to cooperate with their legal team undergirds the investment decision. At the time of the investment, the prospect of recovery is completely speculative, since no legally exercisable right yet exists to compel the defendant to make payment. The entire claim rests on the plaintiff’s desire and determination to enforce his or her rights. If clients do not cooperate with their attorneys or decide to abandon their underlying claims, investments in those cases will likely be compromised. In...
August 2, 2013
The plaintiffs’ duty to cooperate with their legal team undergirds the investment decision. At the time of the investment, the prospect of recovery is completely speculative, since no legally exercisable right yet exists to compel the defendant to make payment. The entire claim rests on the plaintiff’s desire and determination to enforce his or her rights. If clients do not cooperate with their attorneys or decide to abandon their underlying claims, investments in those cases will likely be compromised. In...
Call for Papers – Forced Arbitration in the Workplace
August 2, 2013
Jean Sternlight passes this along this call for papers for what looks like an interesting symposium. ——————————————————————– Forced Arbitration In The Workplace: A Symposium About the Symposium The Berkeley Journal of Employment and Labor Law (BJELL) and The Employee Rights Advocacy Institute For Law & Policy (The Institute) will be holding a symposium on February 27, 2014 at the University of California, Berkeley School of Law to...
August 2, 2013
Jean Sternlight passes this along this call for papers for what looks like an interesting symposium. ——————————————————————– Forced Arbitration In The Workplace: A Symposium About the Symposium The Berkeley Journal of Employment and Labor Law (BJELL) and The Employee Rights Advocacy Institute For Law & Policy (The Institute) will be holding a symposium on February 27, 2014 at the University of California, Berkeley School of Law to...
Challenges to Forum Non Conveniens
August 2, 2013
Ronald A. Brand, Chancellor Mark A. Nordenberg Professor and Director for the University of Pittsburgh School of Law’s Center for International Legal Education has published a fascinating article entitled,Challenges to Forum Non Conveniens, New York University Journal of International Law and Politics (JILP), Vol. 45, No. 3, 2013; U. of Pittsburgh Legal Studies Research Paper No. 2013-21. In his paper, Professor Brand discusses forum shopping when enforcing foreign arbitral and other awards. Here...
August 2, 2013
Ronald A. Brand, Chancellor Mark A. Nordenberg Professor and Director for the University of Pittsburgh School of Law’s Center for International Legal Education has published a fascinating article entitled,Challenges to Forum Non Conveniens, New York University Journal of International Law and Politics (JILP), Vol. 45, No. 3, 2013; U. of Pittsburgh Legal Studies Research Paper No. 2013-21. In his paper, Professor Brand discusses forum shopping when enforcing foreign arbitral and other awards. Here...
Res Judicata Barred Claims Resolved in Arbitration
August 2, 2013
In a longstanding dispute arising out of an oil development venture, an intermediary seeking additional profits appealed to the Fifth Circuit after the lower court dismissed the intermediary’s RICO claims that had been previously resolved in arbitration. The arbitration award had rejected the intermediary’s claims based on alleged bribes that associated oil companies allegedly paid to foreign officials. Finding that res judicata barred the intermediary’s claims, the Fifth Circuit rejected the intermediary’s...
August 2, 2013
In a longstanding dispute arising out of an oil development venture, an intermediary seeking additional profits appealed to the Fifth Circuit after the lower court dismissed the intermediary’s RICO claims that had been previously resolved in arbitration. The arbitration award had rejected the intermediary’s claims based on alleged bribes that associated oil companies allegedly paid to foreign officials. Finding that res judicata barred the intermediary’s claims, the Fifth Circuit rejected the intermediary’s...
Online Arbitration Round-Up
August 2, 2013
There are three recent opinions on motions to compel arbitration which illustrate the impact of the Internet in this area...
August 2, 2013
There are three recent opinions on motions to compel arbitration which illustrate the impact of the Internet in this area...
With Moto X, Google Enters a Crowded Marketplace
August 2, 2013
The time has come for Google, the king of online search, to show whether it has any business selling hardware. From left, Iqbal Arshad, Motorola’s senior vice president of global product development; Dennis Woodside, chief executive; and Jim Wicks, senior vice president of design. Motorola executives hope that the Moto X stands out for its voice command capabilities. Saying “OK Google Now, find me my way home,” for example, will quickly pull up a Google map with directions to a user’s...
August 2, 2013
The time has come for Google, the king of online search, to show whether it has any business selling hardware. From left, Iqbal Arshad, Motorola’s senior vice president of global product development; Dennis Woodside, chief executive; and Jim Wicks, senior vice president of design. Motorola executives hope that the Moto X stands out for its voice command capabilities. Saying “OK Google Now, find me my way home,” for example, will quickly pull up a Google map with directions to a user’s...
The Need For And The Potential Role Of Reputation Markets In Litigation Finance
August 1, 2013
Although litigation finance parallels venture capital finance in many ways, one major marketplace difference is the (current) lack of reputation markets in the litigation finance world. Reputation is valuable for funders seeking to differentiate themselves in a marketplace that is increasing in competitiveness and sophistication. It is important for plaintiffs and their lawyers as they seek to compare their financing options. It is important for investors seeking to invest their funds in a litigation...
August 1, 2013
Although litigation finance parallels venture capital finance in many ways, one major marketplace difference is the (current) lack of reputation markets in the litigation finance world. Reputation is valuable for funders seeking to differentiate themselves in a marketplace that is increasing in competitiveness and sophistication. It is important for plaintiffs and their lawyers as they seek to compare their financing options. It is important for investors seeking to invest their funds in a litigation...
When Should You Choose JAMS, AAA or CPR Rules?
August 1, 2013
Liz Kramer at Arbitration Nation has written a helpful blog post entitled ArbitrationNation Roadmap: When Should You Choose JAMS, AAA or CPR Rules?. In the post, Ms. Kramer discusses how best to decide which arbitration rules should be used for a particular commercial arbitration clause based upon the specific needs of the parties. She also provides readers with a brief comparison between the American Arbitration Association (AAA), the International Institute for Conflict Prevention & Resolution...
August 1, 2013
Liz Kramer at Arbitration Nation has written a helpful blog post entitled ArbitrationNation Roadmap: When Should You Choose JAMS, AAA or CPR Rules?. In the post, Ms. Kramer discusses how best to decide which arbitration rules should be used for a particular commercial arbitration clause based upon the specific needs of the parties. She also provides readers with a brief comparison between the American Arbitration Association (AAA), the International Institute for Conflict Prevention & Resolution...
California Court Upholds Arbitration Provision Invoked by Non-Signatory
August 1, 2013
In a dispute alleging violations of the Telephone Consumer Protection Act related to attempts to collect on a credit card debt, defendants moved to compel arbitration. Although defendants were not signatories to the agreement containing the arbitration provision, the court found the defendants had standing to compel arbitration because the language of the agreement was broad enough to include them. The arbitration provision governed ‘[a]ny claim, dispute or controversy . . no matter by or against...
August 1, 2013
In a dispute alleging violations of the Telephone Consumer Protection Act related to attempts to collect on a credit card debt, defendants moved to compel arbitration. Although defendants were not signatories to the agreement containing the arbitration provision, the court found the defendants had standing to compel arbitration because the language of the agreement was broad enough to include them. The arbitration provision governed ‘[a]ny claim, dispute or controversy . . no matter by or against...
The Mediation Solution
August 1, 2013
Two Business Law Professors at the University of San Diego just published a thoughtful article entitled The Mediation Solution, BizEd July / August 2013; AACSB International, pp. 58-59, which discusses mediation in the post-secondary educational system. According to Professors Michelle O’Connor-Ratcliff and Richard E. Custin, the often beneficial role of mediation and other alternative dispute resolution mechanisms in business are unfortunately all but ignored by business law programs at universities...
August 1, 2013
Two Business Law Professors at the University of San Diego just published a thoughtful article entitled The Mediation Solution, BizEd July / August 2013; AACSB International, pp. 58-59, which discusses mediation in the post-secondary educational system. According to Professors Michelle O’Connor-Ratcliff and Richard E. Custin, the often beneficial role of mediation and other alternative dispute resolution mechanisms in business are unfortunately all but ignored by business law programs at universities...
