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Small Business B-2-B Arbitration Part II.A: The Nature and Purpose of Arbitration
July 30, 2013
The long- and short-term success of a business is generally measured by the economic benefits it produces for its investors. Most business decisions require a business to accept risks of varying severity and frequency if the business is going to realize a meaningful return on investment. All else being equal, to increase the likelihood that those decisions will yield profits, the business must accurately assess all material risks, their corresponding benefits and the interplay between the two. The...
July 30, 2013
The long- and short-term success of a business is generally measured by the economic benefits it produces for its investors. Most business decisions require a business to accept risks of varying severity and frequency if the business is going to realize a meaningful return on investment. All else being equal, to increase the likelihood that those decisions will yield profits, the business must accurately assess all material risks, their corresponding benefits and the interplay between the two. The...
Contracting For Funding In “Access To Justice Cases” Versus “Corporate Finance Cases”
July 29, 2013
Last week Professors Sebok and Wendel posted a comment on contract and tort good faith norms in litigation funding. In it they expressed the view that they “do not think that the owner [of a claim, i.e. the plaintiff - MS] is in a position of vulnerability vis-a-vis the investor when negotiating the contract.” This gives us an opportunity to discuss one of our key takeaways from the debate that this website generated (some of which took place online but some of which has taken the form of private...
July 29, 2013
Last week Professors Sebok and Wendel posted a comment on contract and tort good faith norms in litigation funding. In it they expressed the view that they “do not think that the owner [of a claim, i.e. the plaintiff - MS] is in a position of vulnerability vis-a-vis the investor when negotiating the contract.” This gives us an opportunity to discuss one of our key takeaways from the debate that this website generated (some of which took place online but some of which has taken the form of private...
Eleventh Circuit Applies Sutter to Affirm Class Arbitration; Ninth Circuit Applies Concepcion To Preempt Montana Law
July 29, 2013
Within weeks of its issuance, SCOTUS’s Sutter decision is already making an impact on other cases. Both the Eleventh Circuit and the D.C. Court of Appeals citeSutter repeatedly in recent decisions that refuse to vacate arbitration awards. Of course, new decisions are not the only ones that reverberate: Concepcion, a 2011 decision, was just applied by the Ninth Circuit to preempt Montana case law on contracts of adhesion. Sutter In Southern Commc’n Servs., Inc. v. Thomas, __ F.3d...
July 29, 2013
Within weeks of its issuance, SCOTUS’s Sutter decision is already making an impact on other cases. Both the Eleventh Circuit and the D.C. Court of Appeals citeSutter repeatedly in recent decisions that refuse to vacate arbitration awards. Of course, new decisions are not the only ones that reverberate: Concepcion, a 2011 decision, was just applied by the Ninth Circuit to preempt Montana case law on contracts of adhesion. Sutter In Southern Commc’n Servs., Inc. v. Thomas, __ F.3d...
Arbitration Arithmetic
July 29, 2013
For years, Texas lawyers have tried every tactic imaginable to convince the 5th U.S. Circuit Court of Appeals that binding arbitration should not resolve their clients' fates, with little success. But John Crouch is adding a new argument to the debate: statistics.
July 29, 2013
For years, Texas lawyers have tried every tactic imaginable to convince the 5th U.S. Circuit Court of Appeals that binding arbitration should not resolve their clients' fates, with little success. But John Crouch is adding a new argument to the debate: statistics.
Conflict Resolution in Sport
July 29, 2013
A particularly insightful presentation on the use of mediation in sports was offered at last month’s World Mediation Forum in Prague. Ozlem Susler from La Trobe University, Melbourne, Australia (whom Forum co-President Colin Wall called “Oz from Oz”) moderated the presentation. She noted that sports is a substantial economic driver on a global scale. Soccer alone represents 43% of the global sports economic activity. Common disputes include trademark and intellectual property, broadcast...
July 29, 2013
A particularly insightful presentation on the use of mediation in sports was offered at last month’s World Mediation Forum in Prague. Ozlem Susler from La Trobe University, Melbourne, Australia (whom Forum co-President Colin Wall called “Oz from Oz”) moderated the presentation. She noted that sports is a substantial economic driver on a global scale. Soccer alone represents 43% of the global sports economic activity. Common disputes include trademark and intellectual property, broadcast...
FAA Pre-Emption of State Law Limits on Arbitration: The Ninth Circuit Grapples with Concepcion
July 29, 2013
In the Concepcion case in 2011 [AT&T Mobility LLC v. Concepcion, 131 S.Ct. 1740], five Justices of the Supreme Court of the United States agreed that the FAA pre-empts a rule of state law that makes an arbitration agreement unconscionable if the agreement prohibits class arbitration. The actual implications of Concepcion for class arbitration remain murky, as the Supreme Court’s other recent decisions relating to class arbitration have been context-specific. Thus in Stolt-Nielsen the Court’s...
July 29, 2013
In the Concepcion case in 2011 [AT&T Mobility LLC v. Concepcion, 131 S.Ct. 1740], five Justices of the Supreme Court of the United States agreed that the FAA pre-empts a rule of state law that makes an arbitration agreement unconscionable if the agreement prohibits class arbitration. The actual implications of Concepcion for class arbitration remain murky, as the Supreme Court’s other recent decisions relating to class arbitration have been context-specific. Thus in Stolt-Nielsen the Court’s...
Cool Tools at American Association of Law Libraries Event
July 28, 2013
The American Association of Law Libraries Annual Meeting & Conference finished up on Tuesday. The event had ninety exhibitors...
July 28, 2013
The American Association of Law Libraries Annual Meeting & Conference finished up on Tuesday. The event had ninety exhibitors...
TyMetrix Announces Global Expansion Following Exceptional Growth
July 28, 2013
TyMetrix, the global leader in intelligent solutions for managing the business of law, today announced the expansion of its support...
July 28, 2013
TyMetrix, the global leader in intelligent solutions for managing the business of law, today announced the expansion of its support...
What’s the Value of a Law Degree? $1M in a Lifetime, Report Says
July 28, 2013
Two professors are battling the conventional wisdom about the lowered value of a law degree with a research paper finding a JD more than pays for itself. Over a lifetime, a law grad will make $1 million more, on average, than a college grad, according to the authors, Seton Hall University law professor Michael Simkovic and Rutgers University economics and business professor Frank McIntyre. The median increase in earnings is $610,000. Both the median and average figures are for pre-tax income. Inside...
July 28, 2013
Two professors are battling the conventional wisdom about the lowered value of a law degree with a research paper finding a JD more than pays for itself. Over a lifetime, a law grad will make $1 million more, on average, than a college grad, according to the authors, Seton Hall University law professor Michael Simkovic and Rutgers University economics and business professor Frank McIntyre. The median increase in earnings is $610,000. Both the median and average figures are for pre-tax income. Inside...
Law Grad Alleges Bar Exam Is Unconstitutional
July 27, 2013
As nervous law students fret over taking the Texas bar exam this month, one man who failed the rigorous test in 2009 claims the state's requirement that would-be attorneys take the exam violates his constitutional rights.
July 27, 2013
As nervous law students fret over taking the Texas bar exam this month, one man who failed the rigorous test in 2009 claims the state's requirement that would-be attorneys take the exam violates his constitutional rights.
