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Are You Using Data To Analyze The Past Or To Create A New Future?
April 16, 2014
In Nate Silver’s Five Thirty Eight manifesto, he argues that the plural of anecdote is data. After all, it is through compiling and analyzing observations that we transform ordinary experiences into scientific conclusions. Yet the concept of data is still relatively new. According to Google’s Ngram, the use of the word only began to be heat up in the 1960’s. So, although data is a term that gets thrown around a lot, it’s not something we’re really accustomed to using in a meaningful...
April 16, 2014
In Nate Silver’s Five Thirty Eight manifesto, he argues that the plural of anecdote is data. After all, it is through compiling and analyzing observations that we transform ordinary experiences into scientific conclusions. Yet the concept of data is still relatively new. According to Google’s Ngram, the use of the word only began to be heat up in the 1960’s. So, although data is a term that gets thrown around a lot, it’s not something we’re really accustomed to using in a meaningful...
Ohio Supreme Court Orders Jock Tax Dispute to Mediation
April 16, 2014
Last week, the Supreme Court of Ohio ordered two lawsuits filed by former professional football players over Cleveland, Ohio’s so-called “jock tax” to mediation. The cases originated after former Chicago Bearslinebacker Hunter Hillenmeyer and former Indianapolis Colts center Jeff Saturday received a two-percent income tax bill from the City of Cleveland in connection with at least one National Football League (“NFL”) game that was played at the Cleveland Browns’ stadium. Interestingly,...
April 16, 2014
Last week, the Supreme Court of Ohio ordered two lawsuits filed by former professional football players over Cleveland, Ohio’s so-called “jock tax” to mediation. The cases originated after former Chicago Bearslinebacker Hunter Hillenmeyer and former Indianapolis Colts center Jeff Saturday received a two-percent income tax bill from the City of Cleveland in connection with at least one National Football League (“NFL”) game that was played at the Cleveland Browns’ stadium. Interestingly,...
Arbitration Clauses Survive Their Contracts 99% Of The Time
April 16, 2014
The Sixth Circuit recently answered a question I get asked regularly: does an arbitration clause survive the termination of the contract containing it? I usually say yes, and thankfully the Sixth Circuit backed me up. In Huffman v. The Hilltop Cos., LLC, __ F.3d __, 2014 WL 1243795 (6th Cir. March 27, 2014), a class of employees alleged FLSA violations by their employer. Each of their employment agreements had an arbitration clause and a “survival clause” which listed a few of the contractual...
April 16, 2014
The Sixth Circuit recently answered a question I get asked regularly: does an arbitration clause survive the termination of the contract containing it? I usually say yes, and thankfully the Sixth Circuit backed me up. In Huffman v. The Hilltop Cos., LLC, __ F.3d __, 2014 WL 1243795 (6th Cir. March 27, 2014), a class of employees alleged FLSA violations by their employer. Each of their employment agreements had an arbitration clause and a “survival clause” which listed a few of the contractual...
Planned Early Resolution
April 16, 2014
John Lande, Kurt Dettman, Phil Armstrong and Deborah Masucci gave a panel on early planned dispute resolution. The goal...
April 16, 2014
John Lande, Kurt Dettman, Phil Armstrong and Deborah Masucci gave a panel on early planned dispute resolution. The goal...
Video: The Lawyer’s Brain on Meditation
April 15, 2014
The latest video to be posted on the YouTube channel for the Berkeley Initiative for Mindfulness in the Law is The Lawyer's Brain on Meditation: Insights from Neuroscience. The description: Neuroscientist Emiliana Simon-Thomas, Ph D, Science Director of the Greater Good Science Center, presents at Berkeley Law on the ways meditation can improve the well-being, concentration, and emotional intelligence of lawyers. In addition to reviewing recent studies in neuroscience and psychology, Simon-Thomas...
April 15, 2014
The latest video to be posted on the YouTube channel for the Berkeley Initiative for Mindfulness in the Law is The Lawyer's Brain on Meditation: Insights from Neuroscience. The description: Neuroscientist Emiliana Simon-Thomas, Ph D, Science Director of the Greater Good Science Center, presents at Berkeley Law on the ways meditation can improve the well-being, concentration, and emotional intelligence of lawyers. In addition to reviewing recent studies in neuroscience and psychology, Simon-Thomas...
TyMetrix and Datacert Merging
April 15, 2014
The combination of these two world-class companies with complementary technology, product, and service offerings creates...
April 15, 2014
The combination of these two world-class companies with complementary technology, product, and service offerings creates...
Changes Recommended to the Proposed Amendments to the Federal Rules of Civil Procedure
April 15, 2014
Based on public comment, the Duke Conference and Discovery Subcommittees to the Advisory Committee on Civil Rules have recommended changes to the proposed amendments to the Federal Rules of Civil Procedure as previously published. Too numerous to be discussed in full detail here, some of the more notable recommendations for changes to the proposed amendments include: the withdrawal of proposed new or reduced limitations to interrogatories, depositions, and requests to admit; changes to the proposed...
April 15, 2014
Based on public comment, the Duke Conference and Discovery Subcommittees to the Advisory Committee on Civil Rules have recommended changes to the proposed amendments to the Federal Rules of Civil Procedure as previously published. Too numerous to be discussed in full detail here, some of the more notable recommendations for changes to the proposed amendments include: the withdrawal of proposed new or reduced limitations to interrogatories, depositions, and requests to admit; changes to the proposed...
Fulbright Survey: Companies See Sharp Rise in Regulatory Probes
April 15, 2014
In-house legal departments saw the number of regulatory actions increase in U.S. companies for the third year in a row, according to the latest Annual Litigation Trends survey released Tuesday by Norton Rose Fulbright. The survey received responses from 401 in-house lawyers –primarily general counsel, but also litigation chiefs and deputy or associate GCs. Some 66 percent worked at large companies with over $1 billion in revenues, 19 percent at mid-sized companies with revenues between $100...
April 15, 2014
In-house legal departments saw the number of regulatory actions increase in U.S. companies for the third year in a row, according to the latest Annual Litigation Trends survey released Tuesday by Norton Rose Fulbright. The survey received responses from 401 in-house lawyers –primarily general counsel, but also litigation chiefs and deputy or associate GCs. Some 66 percent worked at large companies with over $1 billion in revenues, 19 percent at mid-sized companies with revenues between $100...
Tenth Circuit Clarifies When Trial Is Necessary To Determine Arbitrability
April 15, 2014
In a beautifully written opinion, the Tenth Circuit examined an under-used aspect of the Federal Arbitration Act this week:...
April 15, 2014
In a beautifully written opinion, the Tenth Circuit examined an under-used aspect of the Federal Arbitration Act this week:...
How Do Law Departments Select Vendors?
April 14, 2014
In an era of consolidation, half of the law departments at large companies concentrate their e-discovery spending with two to four outside providers, while another 39 percent spread their work across more than five. Only 11 percent have a single dedicated provider. Although 58 percent would not comment on the companies with whom they work, 42 percent revealed relationships with certain organizations. These were some of the results we found in November 2013 when my company, Ari Kaplan Advisors,...
April 14, 2014
In an era of consolidation, half of the law departments at large companies concentrate their e-discovery spending with two to four outside providers, while another 39 percent spread their work across more than five. Only 11 percent have a single dedicated provider. Although 58 percent would not comment on the companies with whom they work, 42 percent revealed relationships with certain organizations. These were some of the results we found in November 2013 when my company, Ari Kaplan Advisors,...
