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What Insurers Want From Mediators
June 5, 2013
Steve Jobs famously surrounded himself and his colleagues at Apple with a “Reality Distortion Field.” From within the reality-free...
June 5, 2013
Steve Jobs famously surrounded himself and his colleagues at Apple with a “Reality Distortion Field.” From within the reality-free...
American Lawyer: There Are Two Law School Grads For Every Available Law Job
June 4, 2013
[I]n 2011 there were more than two ABA law school graduates and three new lawyers for every job opening in the United States.
June 4, 2013
[I]n 2011 there were more than two ABA law school graduates and three new lawyers for every job opening in the United States.
Vacatur of Convention Awards in U.S. Courts: Fresh Cases and Fresh Thoughts
June 4, 2013
One of the larger waves crashing on the shores of international arbitration as the result of the Restatement (Third) of the Law of International Arbitration is the position — clearly restating existing law — that the grounds stated in Article V of the New York Convention for refusal of recognition of an award should be the exclusive grounds for U.S. judicial annulment of an award made in the U.S. — notably to the exclusion of the doctrine of manifest disregard of the law, and, for that matter,...
June 4, 2013
One of the larger waves crashing on the shores of international arbitration as the result of the Restatement (Third) of the Law of International Arbitration is the position — clearly restating existing law — that the grounds stated in Article V of the New York Convention for refusal of recognition of an award should be the exclusive grounds for U.S. judicial annulment of an award made in the U.S. — notably to the exclusion of the doctrine of manifest disregard of the law, and, for that matter,...
Federal Circuit Refuses To Enjoin International Arbitration of Patent Claims
June 4, 2013
Just after I posted about the awesome power of federal courts to enjoin other cases, the Federal Circuit reminds us the power...
June 4, 2013
Just after I posted about the awesome power of federal courts to enjoin other cases, the Federal Circuit reminds us the power...
President Moves to Curb Patent Suits
June 4, 2013
President Obama issued five executive orders on Tuesday to tighten regulations at the Patent and Trademark Office and make...
June 4, 2013
President Obama issued five executive orders on Tuesday to tighten regulations at the Patent and Trademark Office and make...
Obama Tries to Curb Patent-Holding Firms
June 4, 2013
The White House on Tuesday announced a set of executive actions by President Barack Obama aimed at reining in certain patent-holding firms, known as "patent trolls" to their detractors, amid concerns that the companies are abusing the patent system and disrupting competition. Mr. Obama's actions, which include measures he wants Congress to consider, are intended to target firms that have forced technology companies, financial institutions and others into costly litigation to protect their products....
June 4, 2013
The White House on Tuesday announced a set of executive actions by President Barack Obama aimed at reining in certain patent-holding firms, known as "patent trolls" to their detractors, amid concerns that the companies are abusing the patent system and disrupting competition. Mr. Obama's actions, which include measures he wants Congress to consider, are intended to target firms that have forced technology companies, financial institutions and others into costly litigation to protect their products....
International Arbitration and Discovery Under 28 U.S.C. Section 1782
June 4, 2013
S.I. Strong, Associate Professor of Law and Senior Fellow, Center for the Study of Dispute Resolution at the University of Missouri recently authored, Discovery Under 28 U.S.C. §1782: Distinguishing International Commercial Arbitration and International Investment Arbitration, 1 Stanford Journal of Complex Litigation (2013), Forthcoming; University of Missouri School of Law Legal Studies Research Paper No. 2013-10. In her article, Professor Strong discusses the changing role of discovery requests...
June 4, 2013
S.I. Strong, Associate Professor of Law and Senior Fellow, Center for the Study of Dispute Resolution at the University of Missouri recently authored, Discovery Under 28 U.S.C. §1782: Distinguishing International Commercial Arbitration and International Investment Arbitration, 1 Stanford Journal of Complex Litigation (2013), Forthcoming; University of Missouri School of Law Legal Studies Research Paper No. 2013-10. In her article, Professor Strong discusses the changing role of discovery requests...
The Compensation Fund: Feinberg’s Back
June 4, 2013
Massachusetts Governor Deval Patrick and Boston Mayor Tom Menino have appointed Ken Feinberg to run the One Fund Boston for victims of the Boston marathon bombing. The Enterprise has an interview with Feinberg as doesMSNBC. Similar to his work in prior compensation funds, Feinberg will be holding town hall meetings with the public (today and tomorrow), and meeting privately with victims. According to The Enterprise: The final protocol and claim forms will be available on the fund’s...
June 4, 2013
Massachusetts Governor Deval Patrick and Boston Mayor Tom Menino have appointed Ken Feinberg to run the One Fund Boston for victims of the Boston marathon bombing. The Enterprise has an interview with Feinberg as doesMSNBC. Similar to his work in prior compensation funds, Feinberg will be holding town hall meetings with the public (today and tomorrow), and meeting privately with victims. According to The Enterprise: The final protocol and claim forms will be available on the fund’s...
Alternative Litigation Funding and the “Ick” Factor
June 3, 2013
Last week I was at a conference at DePaul University on Tort Law and Social Policy: A Brave New World: The Changing Face of Litigation and the Law Firm Finance. The conference was centered on Alternative Litigation Funding [ALF] - also known as Third Party Litigation Funding or Financing, Third Party Funding or Financing. ALF is when parties, unrelated to a lawsuit, provide funds to a claim holder to help fund the party’s pursuit of a potential or pending lawsuit and there is no recourse...
June 3, 2013
Last week I was at a conference at DePaul University on Tort Law and Social Policy: A Brave New World: The Changing Face of Litigation and the Law Firm Finance. The conference was centered on Alternative Litigation Funding [ALF] - also known as Third Party Litigation Funding or Financing, Third Party Funding or Financing. ALF is when parties, unrelated to a lawsuit, provide funds to a claim holder to help fund the party’s pursuit of a potential or pending lawsuit and there is no recourse...
Fifth Circuit Holds Federal Court May Enjoin Litigation of Arbitrable Claims in State Court
June 3, 2013
The Fifth Circuit Court of Appeals has held that a federal court may enjoin arbitrable state-law claims in an insurance dispute. In American Family Life Assurance Co. of Columbus v. Biles, No. 12-60235 (5th Cir. April 30, 2013), David Biles completed an application for an accident insurance policy that was underwritten by the American Family Life Assurance Co. of Columbus (“Aflac”) and included a binding arbitration clause. Less than one year after the policy became effective, Biles passed...
June 3, 2013
The Fifth Circuit Court of Appeals has held that a federal court may enjoin arbitrable state-law claims in an insurance dispute. In American Family Life Assurance Co. of Columbus v. Biles, No. 12-60235 (5th Cir. April 30, 2013), David Biles completed an application for an accident insurance policy that was underwritten by the American Family Life Assurance Co. of Columbus (“Aflac”) and included a binding arbitration clause. Less than one year after the policy became effective, Biles passed...
