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Sanctions Imposed for Manipulation of Metadata to Conceal Use of Unproduced Computer
April 1, 2014
T&E Investment Group, LLC v. Faulkner, Nos. 11-CV-0724-P, 3:11-CV-1558-P, 2014 WL 550596 (N.D. Tex. Feb. 12, 2014) In...
April 1, 2014
T&E Investment Group, LLC v. Faulkner, Nos. 11-CV-0724-P, 3:11-CV-1558-P, 2014 WL 550596 (N.D. Tex. Feb. 12, 2014) In...
We All Live In Arbitration Land (But We Shouldn’t Have To)
March 31, 2014
“We all live in …” is often part of a solidarity rallying cry, like “We all live in Wisconsin” expressing unity against union busting, or “We all live in Bhopal” showing support after the devastating 1984 gas disaster. ("We all live in a Yellow Submarine" does not count!) So today, we all live in Arbitration Land. If it takes professional dancers to make you understand that you live there too, then so be it. In this case, those dancers would be the Oakland Raider cheerleaders...
March 31, 2014
“We all live in …” is often part of a solidarity rallying cry, like “We all live in Wisconsin” expressing unity against union busting, or “We all live in Bhopal” showing support after the devastating 1984 gas disaster. ("We all live in a Yellow Submarine" does not count!) So today, we all live in Arbitration Land. If it takes professional dancers to make you understand that you live there too, then so be it. In this case, those dancers would be the Oakland Raider cheerleaders...
Cornerstone Research Releases 2013 Securities Class Action Settlements Analysis
March 31, 2014
Owing to a number of larger settlements, the average securities class action settlement amount in 2013 rose, while at the same time the median settlement amount declined, according to a study of the securities suit settlements from Cornerstone Research. The study also reports that the number of settlements and the aggregate dollar value of all settlements also rose during the year. The report, which is entitled “Securities Class Action Settlements: 2013 Review and Analysis,” can be found here....
March 31, 2014
Owing to a number of larger settlements, the average securities class action settlement amount in 2013 rose, while at the same time the median settlement amount declined, according to a study of the securities suit settlements from Cornerstone Research. The study also reports that the number of settlements and the aggregate dollar value of all settlements also rose during the year. The report, which is entitled “Securities Class Action Settlements: 2013 Review and Analysis,” can be found here....
Startup Lab’s Leader Has 3 Lessons for Legal Innovators
March 31, 2014
Klau shared three important lessons he has learned during his time in Silicon Valley, and told conference goers that they could easily be applied to the legal industry. First, Klau emphasized the importance of using data to make decisions and argued that facts and figures were exponentially more important than gut feelings and informed opinions. [Good news for Picture It Settled] Klau, who worked on then-U.S. Sen. Barack Obama’s presidential campaign in 2008, mentioned how the campaign relied on data...
March 31, 2014
Klau shared three important lessons he has learned during his time in Silicon Valley, and told conference goers that they could easily be applied to the legal industry. First, Klau emphasized the importance of using data to make decisions and argued that facts and figures were exponentially more important than gut feelings and informed opinions. [Good news for Picture It Settled] Klau, who worked on then-U.S. Sen. Barack Obama’s presidential campaign in 2008, mentioned how the campaign relied on data...
Communication Within Family Breaches Confidentiality of Mediated Settlement
March 31, 2014
A Florida appellate court reversed the trial court and concluded that a school headmaster’s need to tell his daughter how his employment dispute was resolved in mediation violated the confidentiality provision in the settlement agreement. The breach came to light when his daughter immediately sent out a gloating message on Facebook to 1,200 friends, including many students of the school. The appellate court precluded the headmaster from enforcing the settlement agreement, stating that his need...
March 31, 2014
A Florida appellate court reversed the trial court and concluded that a school headmaster’s need to tell his daughter how his employment dispute was resolved in mediation violated the confidentiality provision in the settlement agreement. The breach came to light when his daughter immediately sent out a gloating message on Facebook to 1,200 friends, including many students of the school. The appellate court precluded the headmaster from enforcing the settlement agreement, stating that his need...
The Limits of Emotional Intelligence as a Negotiation Skill
March 31, 2014
The concept of emotional intelligence burst into the cultural imagination in 1995 with the publication of psychologist Daniel Goleman’s bestselling book of the same name. Experts have predicted that scoring high on this personality trait would boost one’s bargaining outcomes. After all, the qualities that characterize emotional intelligence—awareness of our emotions and how they affect others, the ability to regulate our moods and behavior, empathy, the motivation to meet meaningful personal...
March 31, 2014
The concept of emotional intelligence burst into the cultural imagination in 1995 with the publication of psychologist Daniel Goleman’s bestselling book of the same name. Experts have predicted that scoring high on this personality trait would boost one’s bargaining outcomes. After all, the qualities that characterize emotional intelligence—awareness of our emotions and how they affect others, the ability to regulate our moods and behavior, empathy, the motivation to meet meaningful personal...
Yes, Your Google Presence Matters
March 30, 2014
In short, your online presence is your living résumé — the best evidence to the world of what you are the very best at. You need to consistently work to build it up. How to go about this? Recognize that past performance is the best predictor of future performance. How can you tailor your online presence to show a pattern of success? Two words: Be specific. If you have hit five home runs in high-stakes litigation, highlight that in your online law firm and LinkedIn biographies. Don't make...
March 30, 2014
In short, your online presence is your living résumé — the best evidence to the world of what you are the very best at. You need to consistently work to build it up. How to go about this? Recognize that past performance is the best predictor of future performance. How can you tailor your online presence to show a pattern of success? Two words: Be specific. If you have hit five home runs in high-stakes litigation, highlight that in your online law firm and LinkedIn biographies. Don't make...
Microsoft Releases Word (and Excel and PowerPoint) for iPad
March 30, 2014
I'm at ABA TECHSHOW in Chicago right now, and the big news on Thursday was that Microsoft released a version of Word (and Excel, and PowerPoint) for the iPad. I have been kicking the tires on this app since it was released Thursday afternoon, and I am incredibly impressed. Unlike Microsoft Office Mobile for iPhone released last year, the new Word app for the iPad has virtually every feature that lawyers want to use. Every attorney who uses an iPad will want to get this app. Unlike...
March 30, 2014
I'm at ABA TECHSHOW in Chicago right now, and the big news on Thursday was that Microsoft released a version of Word (and Excel, and PowerPoint) for the iPad. I have been kicking the tires on this app since it was released Thursday afternoon, and I am incredibly impressed. Unlike Microsoft Office Mobile for iPhone released last year, the new Word app for the iPad has virtually every feature that lawyers want to use. Every attorney who uses an iPad will want to get this app. Unlike...
Billing Survey Shows Rates Ticking Up as Demand Dips
March 30, 2014
Corporate clients purchased fewer hours from law firms in 2013 than they did the year before, even as they paid more for what they bought. Hours were off by 1.3 percent, while fees were up by 1.6 percent. The revenue gain was powered by a 5 percent year-over-year increase in collections during the fourth quarter of 2013. These are among the most telling results of the latest LegalView Legal Market Index, which is produced by TyMetrix, the giant electronic billing clearinghouse and data analytics...
March 30, 2014
Corporate clients purchased fewer hours from law firms in 2013 than they did the year before, even as they paid more for what they bought. Hours were off by 1.3 percent, while fees were up by 1.6 percent. The revenue gain was powered by a 5 percent year-over-year increase in collections during the fourth quarter of 2013. These are among the most telling results of the latest LegalView Legal Market Index, which is produced by TyMetrix, the giant electronic billing clearinghouse and data analytics...
Microsoft Office for iPad – It’s About Time
March 30, 2014
Yep, it’s finally here. After lots of promises and years of delay, Microsoft has finally released a true Office for iPad suite (no more emulations from third parties). Maybe this move is to counter Apple’s semi-recent decision to bundle its iLife apps (Pages, Numbers and Keynote) for free. Maybe they just finally got around to it. Who knows? But here it is, so I figured I should check out exactly what Microsoft is offering to Apple users. As expected, Office for iPad is a collection of three...
March 30, 2014
Yep, it’s finally here. After lots of promises and years of delay, Microsoft has finally released a true Office for iPad suite (no more emulations from third parties). Maybe this move is to counter Apple’s semi-recent decision to bundle its iLife apps (Pages, Numbers and Keynote) for free. Maybe they just finally got around to it. Who knows? But here it is, so I figured I should check out exactly what Microsoft is offering to Apple users. As expected, Office for iPad is a collection of three...
