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New Federal Appeals Cases Dropped in 2013
March 25, 2014
The number of new cases filed in federal appellate courts nationwide, excluding the U.S. Court of Appeals for the Federal Circuit, decreased by 1.8 percent in 2013, according to new data the judiciary released Tuesday.
March 25, 2014
The number of new cases filed in federal appellate courts nationwide, excluding the U.S. Court of Appeals for the Federal Circuit, decreased by 1.8 percent in 2013, according to new data the judiciary released Tuesday.
Basis Goes To Intel For Around $100M
March 25, 2014
Intel has won the Basis auction, we’re hearing, at a price of around $100 million, according to one source. A second source pegs the deal at closer to $150 million. Basis makes wristwatch health trackers, capturing 7 percent of the market versus competitor Jawbone’s 21 percent. As Intel was all about the wearables this year at CES, we’re assuming that this buy is an attempt to further its foothold (wristhold?) in the space. Intel made a lot of noise with its own reference designs...
March 25, 2014
Intel has won the Basis auction, we’re hearing, at a price of around $100 million, according to one source. A second source pegs the deal at closer to $150 million. Basis makes wristwatch health trackers, capturing 7 percent of the market versus competitor Jawbone’s 21 percent. As Intel was all about the wearables this year at CES, we’re assuming that this buy is an attempt to further its foothold (wristhold?) in the space. Intel made a lot of noise with its own reference designs...
Reports Released on 2013 Federal Court Caseloads, Activities
March 25, 2014
An in-depth look at the caseload of the federal courts can be found in the2013 Judicial Business of the U.S. Courts, released...
March 25, 2014
An in-depth look at the caseload of the federal courts can be found in the2013 Judicial Business of the U.S. Courts, released...
$85K Agreed Judgment Securing $38K Mediated Settlement Held Unenforceable Penalty
March 25, 2014
Michael Schweitzer gave a promissory note to Lennox Purcell in the amount of $85,000. When Schweitzer defaulted on the note, Lennox filed suit to recover the money he was owed. The parties signed a settlement agreement, according to which Schweitzer agreed to pay Purcell $38,000, along with interest at a rate of 8.5 percent over 24 months. The settlement agreement also stated that Schweitzer had to make the monthly payments at the beginning of each month, and that a late payment constituted...
March 25, 2014
Michael Schweitzer gave a promissory note to Lennox Purcell in the amount of $85,000. When Schweitzer defaulted on the note, Lennox filed suit to recover the money he was owed. The parties signed a settlement agreement, according to which Schweitzer agreed to pay Purcell $38,000, along with interest at a rate of 8.5 percent over 24 months. The settlement agreement also stated that Schweitzer had to make the monthly payments at the beginning of each month, and that a late payment constituted...
The Neuroscience of Decision Making Explained in 30 Seconds
March 25, 2014
Is it possible to explain the neuroscience of decision making in 30 seconds? I had a go as one of my contributions to a new book called 30-Second Brain that’s released in the USA today. Here’s what I wrote: From Plato’s charioteer controlling the horse of passion, to Freud’s instinctual id suppressed by the ego, there’s a long tradition of seeing reason and emotion as being in opposition to one another. Translating this perspective to neuroscience, one might imagine that successful decision...
March 25, 2014
Is it possible to explain the neuroscience of decision making in 30 seconds? I had a go as one of my contributions to a new book called 30-Second Brain that’s released in the USA today. Here’s what I wrote: From Plato’s charioteer controlling the horse of passion, to Freud’s instinctual id suppressed by the ego, there’s a long tradition of seeing reason and emotion as being in opposition to one another. Translating this perspective to neuroscience, one might imagine that successful decision...
Soft Law in the Organization and General Conduct of Commercial Arbitration Proceedings
March 24, 2014
This commentary examines the growing use of Soft Law - non-binding guidelines that currently play an important role in organizing and conducting commercial arbitration proceedings. Standards such as the UNCITRAL Notes on Organizing Arbitral Proceedings, the ICC Techniques for Controlling Time and Costs in Arbitration, and the Protocols for Expeditious, Cost-Effective Commercial Arbitration have evolved from professional discourse regarding process management and more particular concerns about cost,...
March 24, 2014
This commentary examines the growing use of Soft Law - non-binding guidelines that currently play an important role in organizing and conducting commercial arbitration proceedings. Standards such as the UNCITRAL Notes on Organizing Arbitral Proceedings, the ICC Techniques for Controlling Time and Costs in Arbitration, and the Protocols for Expeditious, Cost-Effective Commercial Arbitration have evolved from professional discourse regarding process management and more particular concerns about cost,...
Judges Support Reform of Litigation Discovery Rules
March 24, 2014
In the wake of rising litigation costs and overwhelming amounts of electronic data, it may be time to overhaul the rules governing discovery processes in litigation. At least that’s what four out of five of America’s judges think, according to a new survey conducted by the Law and Economics Center at the George Mason University School of Law, with polling by Public Opinion Strategies.
March 24, 2014
In the wake of rising litigation costs and overwhelming amounts of electronic data, it may be time to overhaul the rules governing discovery processes in litigation. At least that’s what four out of five of America’s judges think, according to a new survey conducted by the Law and Economics Center at the George Mason University School of Law, with polling by Public Opinion Strategies.
Tangled Up in Cross-Jurisdictional Restrictive Covenants
March 24, 2014
As the workforce gets more mobile and more global, there may be a corresponding rise in headaches for multinational companies that seek to apply and enforce restrictive covenants in their employment contracts. A new e-book from Mayer Brown indicates that there is plenty of variability in how noncompetes, nonsolicitations and other types of restrictive covenants can be used from state to state and country to country. Mayer Brown’s free e-book “A Global Guide to Restrictive Covenants” [PDF] surveys...
March 24, 2014
As the workforce gets more mobile and more global, there may be a corresponding rise in headaches for multinational companies that seek to apply and enforce restrictive covenants in their employment contracts. A new e-book from Mayer Brown indicates that there is plenty of variability in how noncompetes, nonsolicitations and other types of restrictive covenants can be used from state to state and country to country. Mayer Brown’s free e-book “A Global Guide to Restrictive Covenants” [PDF] surveys...
BREAKING: SCOTUS Denies Cert on Delaware Business Arbitration Program
March 24, 2014
The US Supreme Court denied certiorari this morning in Strine v. Delaware Coalition For Open Government, Inc., thereby upholding the 3rd Circuit Court of Appeals decision declaring the Delaware Business Arbitration Program unconstitutional for failure to make the arbitration proceedings open to the public. You may recall that Delaware had argued the Delaware Business Arbitration program “would effectively end” if the courts mandated public access to the proceedings. It will be interesting...
March 24, 2014
The US Supreme Court denied certiorari this morning in Strine v. Delaware Coalition For Open Government, Inc., thereby upholding the 3rd Circuit Court of Appeals decision declaring the Delaware Business Arbitration Program unconstitutional for failure to make the arbitration proceedings open to the public. You may recall that Delaware had argued the Delaware Business Arbitration program “would effectively end” if the courts mandated public access to the proceedings. It will be interesting...
Court Narrowly Defines Mediation in Attorney Fee Splitting Dispute
March 24, 2014
A New York trial court took a narrow view of mediation in resolving a dispute among co-counsel in which the trial lawyer was to receive 12% of the attorneys’ fees if the case settled at mediation, but 40% if the case settled after mediation. The mediation session began mid-afternoon and stopped later in the day for defendants to seek more authority from their insurer; a final number was agreed on 11 days later with the mediator’s ongoing efforts, three months prior to the scheduled trial. However,...
March 24, 2014
A New York trial court took a narrow view of mediation in resolving a dispute among co-counsel in which the trial lawyer was to receive 12% of the attorneys’ fees if the case settled at mediation, but 40% if the case settled after mediation. The mediation session began mid-afternoon and stopped later in the day for defendants to seek more authority from their insurer; a final number was agreed on 11 days later with the mediator’s ongoing efforts, three months prior to the scheduled trial. However,...
