Menu
Blog Archives
Terms of Service & Privacy Policies Create Virtual Law
July 25, 2013
In the wake of revelations that no one has any privacy on the Internet a new documentary was released called “Terms And Conditions May Apply,” which should be a wakeup call for folks to start reading Terms of Service (ToS) and Privacy Policies. Time reported that the documentary was released on July 12, 2013 and the: …film that takes a look at just what we’re agreeing to when we click through without reading the small print. Even though few people bother read them, ToS and Privacy...
July 25, 2013
In the wake of revelations that no one has any privacy on the Internet a new documentary was released called “Terms And Conditions May Apply,” which should be a wakeup call for folks to start reading Terms of Service (ToS) and Privacy Policies. Time reported that the documentary was released on July 12, 2013 and the: …film that takes a look at just what we’re agreeing to when we click through without reading the small print. Even though few people bother read them, ToS and Privacy...
Is Wrongful Death Lawsuit Subject to Arbitration?
July 25, 2013
Over at health law prof blog, Katharine Van Tassel reports about a cert petition filed at the Supreme Court. I hope the Court takes the case! See http://lawprofessors.typepad.com/healthlawprof_blog/ (July 7th post) “In early 2013, a nursing home operator filed a writ of certiorari asking the U.S. Supreme Court to determine whether state courts can refuse to enforce an arbitration agreement signed by the now deceased resident in a wrongful death action brought by the resident’s survivors under...
July 25, 2013
Over at health law prof blog, Katharine Van Tassel reports about a cert petition filed at the Supreme Court. I hope the Court takes the case! See http://lawprofessors.typepad.com/healthlawprof_blog/ (July 7th post) “In early 2013, a nursing home operator filed a writ of certiorari asking the U.S. Supreme Court to determine whether state courts can refuse to enforce an arbitration agreement signed by the now deceased resident in a wrongful death action brought by the resident’s survivors under...
DEMO: Picture It Settled® with Don Philbin (ADRtoolbox): “Scarily Accurate!”
July 25, 2013
In this 44th episode of the Conflict Specialists Show, Dave Hilton gets a live demo of the Picture It Settled® software...
July 25, 2013
In this 44th episode of the Conflict Specialists Show, Dave Hilton gets a live demo of the Picture It Settled® software...
Class Certification Denied in Data Breach Case
July 25, 2013
The long-running data breach case, In re Hannaford Bros. Co. [PDF], is setting precedent yet again, this time on the issue of class certification. Having already established widely cited jurisprudence on addressing motions to dismiss data breach actions, the case recently moved on to the next stage of litigation when the U.S. District Court for the District of Maine denied certification to the proposed plaintiff class. In doing so, however, the district court left guideposts for future data breach...
July 25, 2013
The long-running data breach case, In re Hannaford Bros. Co. [PDF], is setting precedent yet again, this time on the issue of class certification. Having already established widely cited jurisprudence on addressing motions to dismiss data breach actions, the case recently moved on to the next stage of litigation when the U.S. District Court for the District of Maine denied certification to the proposed plaintiff class. In doing so, however, the district court left guideposts for future data breach...
12 Ways to Achieve Efficiency and Speed in Arbitration
July 25, 2013
Disputing would like to bring to your attention a useful article written by Houston-based International Arbitrator and Distinguished Neutral Gary McGowan entitled, 12 Ways to Achieve Efficiency and Speed in Arbitration, Corporate Counsel (April 12, 2013). In the article, Gary addresses the increasing concern that arbitration has become too lengthy and costly by offering 12 valuable suggestions for corporate counsel to utilize in order to rein in the process. Those suggestions include engaging...
July 25, 2013
Disputing would like to bring to your attention a useful article written by Houston-based International Arbitrator and Distinguished Neutral Gary McGowan entitled, 12 Ways to Achieve Efficiency and Speed in Arbitration, Corporate Counsel (April 12, 2013). In the article, Gary addresses the increasing concern that arbitration has become too lengthy and costly by offering 12 valuable suggestions for corporate counsel to utilize in order to rein in the process. Those suggestions include engaging...
Procedural Justice in Judicial Settlement Conferences
July 24, 2013
ADR law prof favorites Nancy Welsh (Penn State), Donna Stienstra (Federal Judicial Center), and Bobbi McAdoo (Hamline) have recently put a most interesting book chapter, The Application of Procedural Justice Research to Judicial Actions and Techniques in Settlement Sessions, up on SSRN (availablehere). The piece is a chapter in the recently released book The Multi-Tasking Judge: Comparative Judicial Dispute Resolution (Sourdin & Zariski eds., 2013) (availble here). The abstract...
July 24, 2013
ADR law prof favorites Nancy Welsh (Penn State), Donna Stienstra (Federal Judicial Center), and Bobbi McAdoo (Hamline) have recently put a most interesting book chapter, The Application of Procedural Justice Research to Judicial Actions and Techniques in Settlement Sessions, up on SSRN (availablehere). The piece is a chapter in the recently released book The Multi-Tasking Judge: Comparative Judicial Dispute Resolution (Sourdin & Zariski eds., 2013) (availble here). The abstract...
U.S. Supreme Court Grants Certiorari in Arbitration Dispute Involving Investment Treaty
July 24, 2013
On Monday, the United States Supreme Court agreed to hear BG Group PLC v. Republic of Argentina, No. 12-138. In the case, the Republic of Argentina argued an arbitrator exceeded his authority by ignoring the terms of a bilateral investment treaty between the nation and the United Kingdom. The treaty provides that arbitration may take place only if a dispute is not resolved within 18 months of a filing in the host nation’s courts. Argentina alleged that “BG Group, PLC, a British corporation...
July 24, 2013
On Monday, the United States Supreme Court agreed to hear BG Group PLC v. Republic of Argentina, No. 12-138. In the case, the Republic of Argentina argued an arbitrator exceeded his authority by ignoring the terms of a bilateral investment treaty between the nation and the United Kingdom. The treaty provides that arbitration may take place only if a dispute is not resolved within 18 months of a filing in the host nation’s courts. Argentina alleged that “BG Group, PLC, a British corporation...
Ninth Circuit Allows Intervention to Preserve Deposition
July 24, 2013
The termination of litigation does not preclude a subsequent motion to intervene to modify a protective order. The U.S. Court of Appeals for the Ninth Circuit held that the U.S. District Court for the Central District of California did not abuse its discretion by modifying an original protective order to place the plaintiff’s deposition in escrow rather than destroying it in accordance with the original protective order’s terms. Underlying State and Federal Actions In Blum v. Merrill Lynch...
July 24, 2013
The termination of litigation does not preclude a subsequent motion to intervene to modify a protective order. The U.S. Court of Appeals for the Ninth Circuit held that the U.S. District Court for the Central District of California did not abuse its discretion by modifying an original protective order to place the plaintiff’s deposition in escrow rather than destroying it in accordance with the original protective order’s terms. Underlying State and Federal Actions In Blum v. Merrill Lynch...
Mediating Complex Cases
July 24, 2013
Mediating any case can be difficult. But complex litigation, which includes class actions and Multi-District Litigation (MDLs), presents special issues. Class actions are governed by Federal Rule 23. State class actions have been limited, but not eliminated, by the Class Action Fairness Act (CAFA). The state class actions fall under each State’s civil procedures. MDL cases are a different form of multi-party proceeding. Where class actions have all parties in one lawsuit, MDLs cases...
July 24, 2013
Mediating any case can be difficult. But complex litigation, which includes class actions and Multi-District Litigation (MDLs), presents special issues. Class actions are governed by Federal Rule 23. State class actions have been limited, but not eliminated, by the Class Action Fairness Act (CAFA). The state class actions fall under each State’s civil procedures. MDL cases are a different form of multi-party proceeding. Where class actions have all parties in one lawsuit, MDLs cases...
The Role Of Representations, Warranties And Covenants
July 24, 2013
As we’ve discussed, litigation finance contracting faces very similar challenges to venture capital finance, and with our draft model we have consciously adapted several VC solutions. One type of solution are representations, warranties and covenants, which work together to address agency and informational challenges. Such tactics can be of even greater importance to litigation financiers than in VC because of barriers imposed by the legal system, such as privilege and attorney ethics rules....
July 24, 2013
As we’ve discussed, litigation finance contracting faces very similar challenges to venture capital finance, and with our draft model we have consciously adapted several VC solutions. One type of solution are representations, warranties and covenants, which work together to address agency and informational challenges. Such tactics can be of even greater importance to litigation financiers than in VC because of barriers imposed by the legal system, such as privilege and attorney ethics rules....
