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Cornerstone Research Releases 2013 Analysis of Securities Suits Involving Accounting Allegations
May 22, 2014
Though the number of securities class action lawsuit containing accounting allegations remained essentially the same in 2013 compared to 2012, the market capitalization losses associated with the 2013 suits were more than double the losses associated with the 2012 suits, according to a new report from Cornerstone Research. The report contains a brief analysis of the ways SEC enforcement practices and priorities could lead to an increase in the number of accounting cases in the future The report,...
May 22, 2014
Though the number of securities class action lawsuit containing accounting allegations remained essentially the same in 2013 compared to 2012, the market capitalization losses associated with the 2013 suits were more than double the losses associated with the 2012 suits, according to a new report from Cornerstone Research. The report contains a brief analysis of the ways SEC enforcement practices and priorities could lead to an increase in the number of accounting cases in the future The report,...
Law Firms in Transition
May 22, 2014
Large majorities of law firm leaders responding to the survey agree that greater price competition, practice efficiency,...
May 22, 2014
Large majorities of law firm leaders responding to the survey agree that greater price competition, practice efficiency,...
Guidance on Settling Employment Disputes with Clean Records
May 22, 2014
Resolution of federal employment disputes in mediation (and direct negotiation) often includes an agreement to give the employee a clean record. The U.S. Merit Systems Protection Board has issued a lengthy report, Clean Record Settlement Agreements and the Law, discussing the range of issues that can arise and focusing on how to make clear commitments in settlement agreements and successfully carry out those commitments. U.S. Merit Systems Protection Board (December 5, 2013); Report
May 22, 2014
Resolution of federal employment disputes in mediation (and direct negotiation) often includes an agreement to give the employee a clean record. The U.S. Merit Systems Protection Board has issued a lengthy report, Clean Record Settlement Agreements and the Law, discussing the range of issues that can arise and focusing on how to make clear commitments in settlement agreements and successfully carry out those commitments. U.S. Merit Systems Protection Board (December 5, 2013); Report
No Frequent Complaining Allowed about Frequent Flyer Programs
May 22, 2014
The United States Supreme Court recently held that airlines are allowed to revoke the membership of those of their frequent flyers who complain “too much” about the airline’s services (see Northwest v. Ginsberg). Contracts ProfBlog first wrote about the case on April 3. In the case, Northwest Airlines claimed that it removed one of its Platinum Elite customers from the program because the customer had complained 24 times over a span of approximately half a year about such alleged problems...
May 22, 2014
The United States Supreme Court recently held that airlines are allowed to revoke the membership of those of their frequent flyers who complain “too much” about the airline’s services (see Northwest v. Ginsberg). Contracts ProfBlog first wrote about the case on April 3. In the case, Northwest Airlines claimed that it removed one of its Platinum Elite customers from the program because the customer had complained 24 times over a span of approximately half a year about such alleged problems...
Dad Was Wrong; You Can’t Do Anything With a Law Degree
May 21, 2014
As Jim Saksa was pondering whether to attend law school, his father offered what may have seemed like sage advice: You can do anything with a law degree. Now Saksa is looking for a job outside the legal field, and he’s beginning to think his expensive JD is more of a hindrance than a help. “In the last few months,” he writes in a column for Slate, “I’ve interviewed for jobs at a nonprofit, a think tank, and a PR firm among other places of business. I know from personal experience...
May 21, 2014
As Jim Saksa was pondering whether to attend law school, his father offered what may have seemed like sage advice: You can do anything with a law degree. Now Saksa is looking for a job outside the legal field, and he’s beginning to think his expensive JD is more of a hindrance than a help. “In the last few months,” he writes in a column for Slate, “I’ve interviewed for jobs at a nonprofit, a think tank, and a PR firm among other places of business. I know from personal experience...
Law School Reduced Ability to Predict Case Outcomes
May 21, 2014
In the book "Beyond Right and Wrong", David Donoghue, and intellectual property attorney and partner at Holland & Knight in Chicago, reflects on attorneys'difficulties in predicting case outcomes and opines that law school education itself may contribute to the gap between attorneys' predictions and jurors; verdicts: As a child, my dad (a criminal defense attorney) routinely ask my family and me to predict the outcomes of his trials. We were usually correct. My dad was not. At some point during...
May 21, 2014
In the book "Beyond Right and Wrong", David Donoghue, and intellectual property attorney and partner at Holland & Knight in Chicago, reflects on attorneys'difficulties in predicting case outcomes and opines that law school education itself may contribute to the gap between attorneys' predictions and jurors; verdicts: As a child, my dad (a criminal defense attorney) routinely ask my family and me to predict the outcomes of his trials. We were usually correct. My dad was not. At some point during...
Two Federal Circuits Find Health Insurance Claims Outside Scope of Arbitration Clauses
May 21, 2014
Because courts apply a presumption of arbitrability when they analyze whether particular claims fall within the scope of an arbitration clause, and arbitration clauses are generally drafted very broadly, I don’t usually get to write about courts finding that a dispute falls outside the scope of arbitrable claims. But this week, both the Second and Third Circuits issued decisions holding that defendants could not compel arbitration because the plaintiffs’ claims fell outside the arbitration...
May 21, 2014
Because courts apply a presumption of arbitrability when they analyze whether particular claims fall within the scope of an arbitration clause, and arbitration clauses are generally drafted very broadly, I don’t usually get to write about courts finding that a dispute falls outside the scope of arbitrable claims. But this week, both the Second and Third Circuits issued decisions holding that defendants could not compel arbitration because the plaintiffs’ claims fell outside the arbitration...
Public Bankruptcy Mediation Update
May 21, 2014
The Detroit bankruptcy judge has ordered three mediators – all federal judges – to work with Detroit and Wayne, Oakland and Macomb Counties to address the possibility of a regional water authority. The bankruptcy judge also ordered Detroit’s bond insurers to mediate with the city. Detroit Free Press (April 17, 2014); The Bond Buyer (March 21, 2014) Mediation has resulted in a tentative settlement between bankrupt San Bernardino and its biggest creditor, Calpers, which should help...
May 21, 2014
The Detroit bankruptcy judge has ordered three mediators – all federal judges – to work with Detroit and Wayne, Oakland and Macomb Counties to address the possibility of a regional water authority. The bankruptcy judge also ordered Detroit’s bond insurers to mediate with the city. Detroit Free Press (April 17, 2014); The Bond Buyer (March 21, 2014) Mediation has resulted in a tentative settlement between bankrupt San Bernardino and its biggest creditor, Calpers, which should help...
Patent Litigation Study Shows Rise in Suits, Awards
May 21, 2014
The number of patent suits filed in district courts continued to rise in 2013 and has more than doubled in the past five years, according to the first-ever patent litigation year in review published by the legal analytics company Lex Machina. Using data from its popular legal analytics platform, Lex Machina published a report Tuesday that offers insight into judges, districts, patents, damages and filings. It focuses on major trends and developments in patent litigation during 2013. Plaintiffs...
May 21, 2014
The number of patent suits filed in district courts continued to rise in 2013 and has more than doubled in the past five years, according to the first-ever patent litigation year in review published by the legal analytics company Lex Machina. Using data from its popular legal analytics platform, Lex Machina published a report Tuesday that offers insight into judges, districts, patents, damages and filings. It focuses on major trends and developments in patent litigation during 2013. Plaintiffs...
US Supreme Court Hears Argument that Might Hurt Cloud Storage
May 20, 2014
During a hearing in a copyright infringement case about TV programs the alleged infringer’s attorney argued that the “cloud...
May 20, 2014
During a hearing in a copyright infringement case about TV programs the alleged infringer’s attorney argued that the “cloud...
