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Settlement Annuities
April 8, 2014
The introduction of two non-traditional "structured settlement" products underscores the expanding role of annuities in personal injury settlement planning (settlement planning) but also raises fundamental questions about suitability, due diligence and industry education. * * * Based upon the most recent Towers Watson Annual Study of United States Tort Cost Trends, and utilizing Tower Watson's 2002 "best estimate" of payout percentages, S2KM estimates more than $160 billion per year of...
April 8, 2014
The introduction of two non-traditional "structured settlement" products underscores the expanding role of annuities in personal injury settlement planning (settlement planning) but also raises fundamental questions about suitability, due diligence and industry education. * * * Based upon the most recent Towers Watson Annual Study of United States Tort Cost Trends, and utilizing Tower Watson's 2002 "best estimate" of payout percentages, S2KM estimates more than $160 billion per year of...
Google Wins! No Class Action Suit for Monetizing Gmail Content
April 8, 2014
A court ruled that Gmail users consented to Google’s monetization of Gmail content ended the class action lawsuit since “consent must be litigated on an individual, rather than class-wide basis.” The class action suit filed in 2011 In Re Google Gmail Litigation was dismissed “with prejudice,” which means the plaintiffs cannot revise its complaint with new claims, as ordered on March 18, 2014 by US District Judge Lucy Koh (Northern District of California).
April 8, 2014
A court ruled that Gmail users consented to Google’s monetization of Gmail content ended the class action lawsuit since “consent must be litigated on an individual, rather than class-wide basis.” The class action suit filed in 2011 In Re Google Gmail Litigation was dismissed “with prejudice,” which means the plaintiffs cannot revise its complaint with new claims, as ordered on March 18, 2014 by US District Judge Lucy Koh (Northern District of California).
Using Arbitration Clauses in Class Action Settlements
April 8, 2014
Corporations frequently rely on arbitration clauses in contracts to expediently resolve disputes, cut down litigation costs, preserve relationships with business partners and customers, and keep proprietary information private. However, despite their prevalence in other types of contracts, companies rarely use arbitration clauses in class action settlement agreements in California. For many companies, that may be a missed opportunity. The absence of arbitration clauses in class settlements may stem...
April 8, 2014
Corporations frequently rely on arbitration clauses in contracts to expediently resolve disputes, cut down litigation costs, preserve relationships with business partners and customers, and keep proprietary information private. However, despite their prevalence in other types of contracts, companies rarely use arbitration clauses in class action settlement agreements in California. For many companies, that may be a missed opportunity. The absence of arbitration clauses in class settlements may stem...
Apple, Ford, GE Team Up for Patent Lawsuit Reform
April 8, 2014
Fearing upheaval in the U.S. patent system, Apple Inc., Ford Motor Co., General Electric Co. and other major companies have united to influence patent lawsuit reform in Congress, tapping former U.S. Patent and Trademark Office director David Kappos for advice. The Partnership for American Innovation is looking to provide another side to a "conversation around patents [that] has been dominated by those seeking to curtail America's strong system for narrow, short-term gains," according to a news...
April 8, 2014
Fearing upheaval in the U.S. patent system, Apple Inc., Ford Motor Co., General Electric Co. and other major companies have united to influence patent lawsuit reform in Congress, tapping former U.S. Patent and Trademark Office director David Kappos for advice. The Partnership for American Innovation is looking to provide another side to a "conversation around patents [that] has been dominated by those seeking to curtail America's strong system for narrow, short-term gains," according to a news...
Legal by Design
April 7, 2014
Paul Lippe spoke at ReInvent Law NYC on how we need to overcome behavioral problems to reshape the legal professions. Instead...
April 7, 2014
Paul Lippe spoke at ReInvent Law NYC on how we need to overcome behavioral problems to reshape the legal professions. Instead...
Subcommittees Revise Key Proposed FRCP Amendments
April 7, 2014
After almost four years of wide-ranging debate and extensive public commentary, the process to amend the Federal Rules of Civil Procedure is entering its final laps. On Aug. 14, 2013 the Office of the United States Courts published a set of proposed FRCP amendments for public comment. The public comment period closed on Feb. 18, 2014. * * * There are two sets of amendments, the “Duke Package” and the FRCP 37(e) proposal. The “Duke Package,” named after the 2010 Duke University...
April 7, 2014
After almost four years of wide-ranging debate and extensive public commentary, the process to amend the Federal Rules of Civil Procedure is entering its final laps. On Aug. 14, 2013 the Office of the United States Courts published a set of proposed FRCP amendments for public comment. The public comment period closed on Feb. 18, 2014. * * * There are two sets of amendments, the “Duke Package” and the FRCP 37(e) proposal. The “Duke Package,” named after the 2010 Duke University...
Retired Judges, Openness Among Possibilities for Chancery Arbitration
April 7, 2014
The Delaware Court of Chancery is said to be mulling options to revive its confidential arbitration program after the U.S. Supreme Court denied the Chancery Court's certiorari petition, effectively ending the program. Corporate law experts said the program is worth saving and that only a few minor tweaks could make Chancery Court arbitration compliant with federal law. "There is a big move in favor of arbitration, particularly among multinational corporations," said Jill E. Fisch, a corporate...
April 7, 2014
The Delaware Court of Chancery is said to be mulling options to revive its confidential arbitration program after the U.S. Supreme Court denied the Chancery Court's certiorari petition, effectively ending the program. Corporate law experts said the program is worth saving and that only a few minor tweaks could make Chancery Court arbitration compliant with federal law. "There is a big move in favor of arbitration, particularly among multinational corporations," said Jill E. Fisch, a corporate...
Class Mediation A Factor in Finding No Collusion
April 7, 2014
Use of mediation in arriving at a class action settlement is a factor in favor of the court finding no collusion, but is not dispositive even if the mediator is a retired judge. Prior to approval, the court required detailed evidence concerning the mediation and negotiations of the settlement agreements, including the mediation statements and other documents concerning mediation offered by the parties. Four in One Co. v. S.K. Foods, No. 2:08-cv-3017 KJM EFB (U.S.D.C. E.D. Cal., January 2, 2014)
April 7, 2014
Use of mediation in arriving at a class action settlement is a factor in favor of the court finding no collusion, but is not dispositive even if the mediator is a retired judge. Prior to approval, the court required detailed evidence concerning the mediation and negotiations of the settlement agreements, including the mediation statements and other documents concerning mediation offered by the parties. Four in One Co. v. S.K. Foods, No. 2:08-cv-3017 KJM EFB (U.S.D.C. E.D. Cal., January 2, 2014)
Google’s Approach to Dispute Resolution: “Don’t Litigate, Negotiate”
April 7, 2014
In the face of antitrust charges, Google’s new guiding principle is “Don’t litigate, negotiate,” according to the Wall...
April 7, 2014
In the face of antitrust charges, Google’s new guiding principle is “Don’t litigate, negotiate,” according to the Wall...
Happiness is Contagious and Powerful on Social Media
April 6, 2014
Study of over one billion status updates finds that positive emotions are more contagious than negative. Emotions expressed online — both positive and negative — are contagious, concludes a new study from the University of California, San Diego and Yale University (Coviello et al., 2014). * * * The authors of the study conclude: “These results imply that emotions themselves might ripple through social networks to generate large-scale synchrony that gives rise to clusters of happy and unhappy...
April 6, 2014
Study of over one billion status updates finds that positive emotions are more contagious than negative. Emotions expressed online — both positive and negative — are contagious, concludes a new study from the University of California, San Diego and Yale University (Coviello et al., 2014). * * * The authors of the study conclude: “These results imply that emotions themselves might ripple through social networks to generate large-scale synchrony that gives rise to clusters of happy and unhappy...
