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Dallas COA Orders Custom Home Dispute to Arbitration
March 18, 2014
The Dallas Court of Appeals has held that a dispute over the construction of a custom home should be arbitrated. In the case, In...
March 18, 2014
The Dallas Court of Appeals has held that a dispute over the construction of a custom home should be arbitrated. In the case, In...
BP Takes Spill Settlement Appeal to Full Fifth Circuit
March 18, 2014
BP PLC has petitioned the full U.S. Court of Appeals for the Fifth Circuit to review a three-judge panel's decision to uphold the Deepwater Horizon oil spill settlement.
March 18, 2014
BP PLC has petitioned the full U.S. Court of Appeals for the Fifth Circuit to review a three-judge panel's decision to uphold the Deepwater Horizon oil spill settlement.
Report Shows ‘Real Costs’ of Securities Class Actions
March 18, 2014
Investors each year have lost an average of $39 billion from securities class action lawsuits to collect only about $5 billion in settlements per year since the enactment of the Private Securities Litigation Reform Act in 1995, according to a U.S. Chamber Institute for Legal Reform (ILR) study released Friday. During the past 18 years, the suits cost shareholders at least $701 billion, while they only recovered about $90 billion, says "Economic Consequences: The Real Costs of U.S. Securities...
March 18, 2014
Investors each year have lost an average of $39 billion from securities class action lawsuits to collect only about $5 billion in settlements per year since the enactment of the Private Securities Litigation Reform Act in 1995, according to a U.S. Chamber Institute for Legal Reform (ILR) study released Friday. During the past 18 years, the suits cost shareholders at least $701 billion, while they only recovered about $90 billion, says "Economic Consequences: The Real Costs of U.S. Securities...
Fifth Circuit Summary of BP Decision Holding Settlement Did Not Violate Article III
March 17, 2014
In the latest round of appeals in the Deepwater Horizon settlement, the Fifth Circuit issues three opinions, but a panel majority affirms the District Court's conclusion that the language of the Settlement Agreement does not require extrinsic inquiry into causation and that the Settlement Agreement has not violated Article III, Rule 23, or the Rules Enabling Act by eschewing the need for evidence of causation. On Appeal from the United States District Court for the Eastern District of Louisiana...
March 17, 2014
In the latest round of appeals in the Deepwater Horizon settlement, the Fifth Circuit issues three opinions, but a panel majority affirms the District Court's conclusion that the language of the Settlement Agreement does not require extrinsic inquiry into causation and that the Settlement Agreement has not violated Article III, Rule 23, or the Rules Enabling Act by eschewing the need for evidence of causation. On Appeal from the United States District Court for the Eastern District of Louisiana...
Our Close the Gap App Arrives in Time for Equal Pay Day
March 17, 2014
Close the Gap App™ (sponsored by GoDaddy) is a powerful online tool that takes you on a guided deep dive into your career path. It's like having your very own career or business coach on your desktop or mobile device. Collaboratively designed by She Negotiates' co-founders Lisa Gates and Victoria Pynchon, and author and leadership expert Gloria Feldt of Take the Lead, you can now close that pesky wage and leadership gap for good. You'll start by capturing your education, experience,...
March 17, 2014
Close the Gap App™ (sponsored by GoDaddy) is a powerful online tool that takes you on a guided deep dive into your career path. It's like having your very own career or business coach on your desktop or mobile device. Collaboratively designed by She Negotiates' co-founders Lisa Gates and Victoria Pynchon, and author and leadership expert Gloria Feldt of Take the Lead, you can now close that pesky wage and leadership gap for good. You'll start by capturing your education, experience,...
Manifest Disregard is “Judicial Gloss” on Statutory Ground in Second Circuit
March 17, 2014
In a summary order issued today in TiVo Inc. v. Goldwasser, the Second Circuit upheld the rejection of a manifest disregard of the law challenge. The Court lists the FAA grounds for vacatur and then states the circuit’s position that manifest disregard may be applied as “judicial gloss” on the statutory grounds. The order then devotes around six pages to a review of the petitioner’s legal arguments, finding none shows manifest disregard. The court, towards the end of the order, briefly addresses...
March 17, 2014
In a summary order issued today in TiVo Inc. v. Goldwasser, the Second Circuit upheld the rejection of a manifest disregard of the law challenge. The Court lists the FAA grounds for vacatur and then states the circuit’s position that manifest disregard may be applied as “judicial gloss” on the statutory grounds. The order then devotes around six pages to a review of the petitioner’s legal arguments, finding none shows manifest disregard. The court, towards the end of the order, briefly addresses...
Are Rainmakers a Breed Apart?
March 17, 2014
What makes rainmakers different? What do they have that other lawyers don't? The easy answer: They have clients. But, as a developing body of research is showing, they also have tendencies that make business development come as naturally to them as, say, being critical does to their partners. The latest report comes from Lawyer Metrics, an analytics company founded by William Henderson, the Indiana University law professor. Called simply "The Rainmaking Study," it's an effort to identify client-magnet...
March 17, 2014
What makes rainmakers different? What do they have that other lawyers don't? The easy answer: They have clients. But, as a developing body of research is showing, they also have tendencies that make business development come as naturally to them as, say, being critical does to their partners. The latest report comes from Lawyer Metrics, an analytics company founded by William Henderson, the Indiana University law professor. Called simply "The Rainmaking Study," it's an effort to identify client-magnet...
Companies Make Room for General Counsel Turnover
March 17, 2014
This new breed of general counsel tends to be more accustomed to working in the modern law department—where budgets are often constrained and departments must do more with less, according to Rynowecer. This means being “better organized to better support the business units” and taking plenty of initiative to raise issues with management in order to add more value. One of the significant consequences of the law department shake-up is that some firms may have to start watching their back....
March 17, 2014
This new breed of general counsel tends to be more accustomed to working in the modern law department—where budgets are often constrained and departments must do more with less, according to Rynowecer. This means being “better organized to better support the business units” and taking plenty of initiative to raise issues with management in order to add more value. One of the significant consequences of the law department shake-up is that some firms may have to start watching their back....
ESPN: Enough Already With Win Probabilities
March 16, 2014
Watching ESPN’s college basketball coverage this season has made me feel like I’m back in high school algebra class with all its mind-numbing probabilities of victory. Look, I get it. We’re in the Golden Age of statistics in sports. It was started by baseball’s Sabermetrics and now intense statistical analysis has spread to football and basketball as well. And with the recent hiring of Nate Silver of The New York Times, ESPN is going to focus even more on analytics. I certainly don’t...
March 16, 2014
Watching ESPN’s college basketball coverage this season has made me feel like I’m back in high school algebra class with all its mind-numbing probabilities of victory. Look, I get it. We’re in the Golden Age of statistics in sports. It was started by baseball’s Sabermetrics and now intense statistical analysis has spread to football and basketball as well. And with the recent hiring of Nate Silver of The New York Times, ESPN is going to focus even more on analytics. I certainly don’t...
Can Big Data Help Nate Silver Reinvent Journalism? #SXSW
March 16, 2014
Big Data Rock Star For those who don’t know, Nate Silver is is quite possibly the Andy Warhol that big data has been looking for. Silver emerged from obscurity when he created the Player Empirical Comparison and Optimization Test Algorithm (PECOTA), which is used for evaluating and forecasting the development of baseball players. He later sold it to Baseball Prospectus. Not satisfied with a sports exclusive lens, Silver set his sights on politics and proceeded to rewrite the rules of the narrative...
March 16, 2014
Big Data Rock Star For those who don’t know, Nate Silver is is quite possibly the Andy Warhol that big data has been looking for. Silver emerged from obscurity when he created the Player Empirical Comparison and Optimization Test Algorithm (PECOTA), which is used for evaluating and forecasting the development of baseball players. He later sold it to Baseball Prospectus. Not satisfied with a sports exclusive lens, Silver set his sights on politics and proceeded to rewrite the rules of the narrative...
