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“Suck it” for $80,000 Alex
March 22, 2014
News reports from Florida tell us that confidentiality clauses in settlement agreements are enforceable. From the opinion in Gulliver Schools, Inc. v. Snay, which can be found here. And, a tip of the cap to Lowering the Bar ————————– On November 3, 2011, the parties executed a general release and a settlement agreement for full and final settlement of Snay’s claims, with the school to pay $10,000 in back pay to Snay with “Check # 1”; $80,000 to Snay as a “1099”...
March 22, 2014
News reports from Florida tell us that confidentiality clauses in settlement agreements are enforceable. From the opinion in Gulliver Schools, Inc. v. Snay, which can be found here. And, a tip of the cap to Lowering the Bar ————————– On November 3, 2011, the parties executed a general release and a settlement agreement for full and final settlement of Snay’s claims, with the school to pay $10,000 in back pay to Snay with “Check # 1”; $80,000 to Snay as a “1099”...
Online Justice Index Maps Legal Access in America
March 21, 2014
The National Center for Access to Justice has launched the Justice Index, an online project that maps the geography of justice...
March 21, 2014
The National Center for Access to Justice has launched the Justice Index, an online project that maps the geography of justice...
U.S. Courts Report Has High Tech Outlook
March 21, 2014
The 2013 report from Director of the Administrative Office of the U.S. Courts is out and it offers some insight into what’s to come. While the case management/electronic case files system is already energizing the way federal courts manage cases and documents, the transition to a next generation of the CM/ECF system is well underway, promising even more efficiency and integration among the appellate, district, and bankruptcy systems; and creating greater consistency and enabling more case-related...
March 21, 2014
The 2013 report from Director of the Administrative Office of the U.S. Courts is out and it offers some insight into what’s to come. While the case management/electronic case files system is already energizing the way federal courts manage cases and documents, the transition to a next generation of the CM/ECF system is well underway, promising even more efficiency and integration among the appellate, district, and bankruptcy systems; and creating greater consistency and enabling more case-related...
Baseball has the Best Rules: Using Arbitration to Solve FRAND Disputes
March 21, 2014
How to calculate Fair, Reasonable and Nondiscriminatory (FRAND) royalties seems like one of the most intractable problems firms, standard setting organizations and the courts are grappling with. No wonder, there is sparse authority and relatively few litigated cases. Two of the most thoughtful scholars on antitrust intellectual property issues — Professors Mark Lemley and Carl Shapiro — have weighed in and issued a paper outlining an interesting solution to the FRAND licensing problem...
March 21, 2014
How to calculate Fair, Reasonable and Nondiscriminatory (FRAND) royalties seems like one of the most intractable problems firms, standard setting organizations and the courts are grappling with. No wonder, there is sparse authority and relatively few litigated cases. Two of the most thoughtful scholars on antitrust intellectual property issues — Professors Mark Lemley and Carl Shapiro — have weighed in and issued a paper outlining an interesting solution to the FRAND licensing problem...
Time for Lawyers to Connect Like the Most Connected Man in the World
March 21, 2014
For lawyers that want to take a page from Dancy’s e-book, Nicole Black in the Future Lawyer saysits time for them to embrace wearable technology. “And not because I think these devices,” such as smart watches and Google Glass, “will be the latest and greatest thing—but because they have the potential to dramatically affect the practice of law in two very different ways,” she says. First, these tools can help lawyers tap into the endless resources on the Internet and information...
March 21, 2014
For lawyers that want to take a page from Dancy’s e-book, Nicole Black in the Future Lawyer saysits time for them to embrace wearable technology. “And not because I think these devices,” such as smart watches and Google Glass, “will be the latest and greatest thing—but because they have the potential to dramatically affect the practice of law in two very different ways,” she says. First, these tools can help lawyers tap into the endless resources on the Internet and information...
USNews Dispute Resolution Rankings [10th Straight No. 1 for Pepperdine]
March 21, 2014
Every year the USNews rankings come out and we love them or hate them depending on whether they favor us or not. And at least...
March 21, 2014
Every year the USNews rankings come out and we love them or hate them depending on whether they favor us or not. And at least...
Dropbox adds Arbitration Clause to its Terms of Service
March 20, 2014
I have a Dropbox account and use it to store a lot of my cloud-based documents. Dropbox emailed its users late last week, announcing changes to its Terms of Service, including the addition of an arbitration clause. Notably, the clause included submission of disputes to the AAA for arbitration, a right to opt out within 30 days, an agreement that Dropbox will pay all arbitration fees for claims of less than $75,000, a “bonus” payment of $1,000 if the award is greater than any Dropbox offer...
March 20, 2014
I have a Dropbox account and use it to store a lot of my cloud-based documents. Dropbox emailed its users late last week, announcing changes to its Terms of Service, including the addition of an arbitration clause. Notably, the clause included submission of disputes to the AAA for arbitration, a right to opt out within 30 days, an agreement that Dropbox will pay all arbitration fees for claims of less than $75,000, a “bonus” payment of $1,000 if the award is greater than any Dropbox offer...
Creditors of Jacoby & Meyers Firm Looking to Push It Into Bankruptcy
March 20, 2014
The collapse of the Jacoby & Meyers Bankruptcy LLP law firm, which was formed in 2012 by two consumer law giants, has mobilized some unpaid creditors to push for their final payments. LegalZoom.com Inc., which says it is owed about $1 million for leads it provided to Jacoby & Meyers Bankruptcy last fall, joined several other creditors to file an involuntary bankruptcy petition against Jacoby & Meyers Bankruptcy last week.
March 20, 2014
The collapse of the Jacoby & Meyers Bankruptcy LLP law firm, which was formed in 2012 by two consumer law giants, has mobilized some unpaid creditors to push for their final payments. LegalZoom.com Inc., which says it is owed about $1 million for leads it provided to Jacoby & Meyers Bankruptcy last fall, joined several other creditors to file an involuntary bankruptcy petition against Jacoby & Meyers Bankruptcy last week.
Beta Summit Finalists [Picture It Settled] Set for April 2 event
March 20, 2014
InnoTech San Antonio, one of the region’s largest business technology events, will return to the Henry B. Gonzalez Convention Center on April 2, 2014. One of the premier events of Innotech is the Beta Summit, in which a select number of local tech start-up companies are given an opportunity to make a presentation before a panel of judges made up of members of the local investment community. * * * Picture It Settled: Behavioral software for negotiating legal settlements. It helps to make...
March 20, 2014
InnoTech San Antonio, one of the region’s largest business technology events, will return to the Henry B. Gonzalez Convention Center on April 2, 2014. One of the premier events of Innotech is the Beta Summit, in which a select number of local tech start-up companies are given an opportunity to make a presentation before a panel of judges made up of members of the local investment community. * * * Picture It Settled: Behavioral software for negotiating legal settlements. It helps to make...
Supreme Court to Consider Cert Petition Friday Regarding Delaware Business Arbitration Program
March 20, 2014
The certiorari petition in Strine v. Delaware Coalition For Open Government, Inc. (seeking review of the U.S. 3rd Circuit Court of Appeals decision holding that confidential Delaware Business Arbitration Program proceedings would be contrary to “a First Amendment right of access to Delaware’s government-sponsored arbitrations”) has been distributed to the Justices of the US Supreme Court for review at their regular conference this coming Friday (March 21, 2014). It is therefore likely...
March 20, 2014
The certiorari petition in Strine v. Delaware Coalition For Open Government, Inc. (seeking review of the U.S. 3rd Circuit Court of Appeals decision holding that confidential Delaware Business Arbitration Program proceedings would be contrary to “a First Amendment right of access to Delaware’s government-sponsored arbitrations”) has been distributed to the Justices of the US Supreme Court for review at their regular conference this coming Friday (March 21, 2014). It is therefore likely...
