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ADR
Predictive Coding Helps Companies Reduce Discovery Costs
March 11, 2013
Without doubt, Judge Peck ushered in the next generation of e-discovery search and review. In the months since his decision,...
March 11, 2013
Without doubt, Judge Peck ushered in the next generation of e-discovery search and review. In the months since his decision,...
AAA Offers Online Clause-Drafting Tool
March 11, 2013
It has long been broadly agreed that the most effective target for education and training in ADR is the lawyers who draft the deals. Drafting a dispute resolution clause as an elegant risk allocation is surely the Holy Grail of commercial deals. Model clauses are promulgated by many ADR organizations, but inept and hoary arbitration and forum selection provisions continue to be cut-and-pasted, to the dismay of litigators and the chagrin of their clients, who realize too late, once the train has hit them,...
March 11, 2013
It has long been broadly agreed that the most effective target for education and training in ADR is the lawyers who draft the deals. Drafting a dispute resolution clause as an elegant risk allocation is surely the Holy Grail of commercial deals. Model clauses are promulgated by many ADR organizations, but inept and hoary arbitration and forum selection provisions continue to be cut-and-pasted, to the dismay of litigators and the chagrin of their clients, who realize too late, once the train has hit them,...
Most Big M&A Deals Faced Legal Challenges in 2012
March 9, 2013
It was a rare merger or acquisition deal in 2012 that escaped legal challenges from shareholders, according to a study released Thursday by Cornerstone Research, which specializes in analyzing financial issues in commercial litigation and regulatory proceedings. Some 96 percent of M&A deals valued over $500 million and 93 percent of those valued over $100 million engendered suits, according to “Shareholder Litigation Involving Mergers and Acquisitions” [PDF]. The report was co-authored...
March 9, 2013
It was a rare merger or acquisition deal in 2012 that escaped legal challenges from shareholders, according to a study released Thursday by Cornerstone Research, which specializes in analyzing financial issues in commercial litigation and regulatory proceedings. Some 96 percent of M&A deals valued over $500 million and 93 percent of those valued over $100 million engendered suits, according to “Shareholder Litigation Involving Mergers and Acquisitions” [PDF]. The report was co-authored...
A Court Clash on Confidentiality and Mediation Policy
March 7, 2013
The Indiana Supreme Court recently declared that the state’s judicial policy supports “robust confidentiality” in mediation. In doing so, the court vacated a Court of Appeals ruling that would have expanded the circumstances in which confidentiality could be broken to obtain evidence. The two rulings reflect a strong contrast in interpretations of ADR rules and judicial policy toward mediation. As I discussed in an earlier post, the appellant wished to use evidence from his divorce...
March 7, 2013
The Indiana Supreme Court recently declared that the state’s judicial policy supports “robust confidentiality” in mediation. In doing so, the court vacated a Court of Appeals ruling that would have expanded the circumstances in which confidentiality could be broken to obtain evidence. The two rulings reflect a strong contrast in interpretations of ADR rules and judicial policy toward mediation. As I discussed in an earlier post, the appellant wished to use evidence from his divorce...
ADR Techniques Are Gaining Popularity in Collective Bargaining Disputes
March 6, 2013
Charles B. Craver, Freda H. Alverson Professor of Law at the George Washington University Law Schoolrecently published a thought-provoking article entitled The Use of Alternative Dispute Resolution Techniques to Resolve Public Sector Bargaining Disputes, Ohio State Journal on Dispute Resolution, Vol. 28, p. 45, 2013. In his article, Professor Craver examines the growing use of alternative dispute resolution techniques in public sector bargaining disagreements. Here is the abstract: Labor...
March 6, 2013
Charles B. Craver, Freda H. Alverson Professor of Law at the George Washington University Law Schoolrecently published a thought-provoking article entitled The Use of Alternative Dispute Resolution Techniques to Resolve Public Sector Bargaining Disputes, Ohio State Journal on Dispute Resolution, Vol. 28, p. 45, 2013. In his article, Professor Craver examines the growing use of alternative dispute resolution techniques in public sector bargaining disagreements. Here is the abstract: Labor...
502(d) Claw Back “No Matter What the Circumstances” Resulting in Production
March 5, 2013
Upon receipt of “dueling letters” concerning the inadvertent production of privileged information (which had been redacted but could be viewed in the metadata), the court noted that such an event emphasized “the need for counsel for a producing party to keep a watchful eye over their e-discovery vendors,” but found that privilege was not waived because a Rule 502(d) order had been entered. Indeed, the court identified the “one decretal paragraph” that stated that “Defendants' production...
March 5, 2013
Upon receipt of “dueling letters” concerning the inadvertent production of privileged information (which had been redacted but could be viewed in the metadata), the court noted that such an event emphasized “the need for counsel for a producing party to keep a watchful eye over their e-discovery vendors,” but found that privilege was not waived because a Rule 502(d) order had been entered. Indeed, the court identified the “one decretal paragraph” that stated that “Defendants' production...
Predictive Coding Goes Mainstream
March 3, 2013
For several years, legal technology writers (and e-discovery vendors) have been touting “predictive coding” as a solution...
March 3, 2013
For several years, legal technology writers (and e-discovery vendors) have been touting “predictive coding” as a solution...
New Publication: Designing Systems and Processes for Managing Disputes
March 1, 2013
I am excited to bring you news of the imminent publication of Designing Systems and Processes for Managing Disputes, authored...
March 1, 2013
I am excited to bring you news of the imminent publication of Designing Systems and Processes for Managing Disputes, authored...
Taming the Wild West of Arbitration Ethics
February 27, 2013
Kristen Blankley, Assistant Professor at the University of Nebraska College of Law has authored an interesting article entitled Taming the Wild West of Arbitration Ethics, Kansas Law Review, Forthcoming. In her article, Professor Blankley examines legal ethics in the arbitral forum.
February 27, 2013
Kristen Blankley, Assistant Professor at the University of Nebraska College of Law has authored an interesting article entitled Taming the Wild West of Arbitration Ethics, Kansas Law Review, Forthcoming. In her article, Professor Blankley examines legal ethics in the arbitral forum.
LTN: Delaware Supreme Court Changes Discovery Scheduling
January 20, 2013
LTN: Delaware Supreme Court Changes Discovery Scheduling http://goo.gl/N8QYO
January 20, 2013
LTN: Delaware Supreme Court Changes Discovery Scheduling http://goo.gl/N8QYO
