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Execs Might Not Be as Liability-Free as They Used to Be
March 14, 2014
One of the perks of corporate structure is the lack of personal liability for officers. But in a recent post on Aeton’s Connecticut Business Litigation Blog, N. Kane Bennett says there are some situations in which that’s just not the case. * * * The language at question read: “The signer of this agreement does, by his execution personally and individually undertake and assume full performance,” which the court did not find to have any ambiguity in the obligations, which passed to the president...
March 14, 2014
One of the perks of corporate structure is the lack of personal liability for officers. But in a recent post on Aeton’s Connecticut Business Litigation Blog, N. Kane Bennett says there are some situations in which that’s just not the case. * * * The language at question read: “The signer of this agreement does, by his execution personally and individually undertake and assume full performance,” which the court did not find to have any ambiguity in the obligations, which passed to the president...
Pfizer Law Dept. Shake-up Hits Outside Counsel Program
March 14, 2014
The shake-up in the Pfizer Inc. law department continues under new general counsel Douglas Lankler, with this week’s removal of Ellen Rosenthal. She served as chief counsel for the Pfizer Legal Alliance (PLA), a select group of 15 law firms that represent the company. * * * The alliance, a collaborative partnership between Pfizer and the law firms, was formed five years ago by then–GC Amy Schulman, who was suddenly ousted in December. Schulman brought Rosenthal to Pfizer and handpicked...
March 14, 2014
The shake-up in the Pfizer Inc. law department continues under new general counsel Douglas Lankler, with this week’s removal of Ellen Rosenthal. She served as chief counsel for the Pfizer Legal Alliance (PLA), a select group of 15 law firms that represent the company. * * * The alliance, a collaborative partnership between Pfizer and the law firms, was formed five years ago by then–GC Amy Schulman, who was suddenly ousted in December. Schulman brought Rosenthal to Pfizer and handpicked...
Make that $400 billion for US Legal Market Size (2.3% of US Economy)
March 14, 2014
The entire US legal market can be valued at well over $400 billion. [US GDP in December 2013 : $17.1 trillion] Mind you this...
March 14, 2014
The entire US legal market can be valued at well over $400 billion. [US GDP in December 2013 : $17.1 trillion] Mind you this...
Best Advice: Tell Me A Story
March 13, 2014
Storytelling is one of the most under-rated skills in business. But it is vital getting a point across. It can have data behind it. It can set up a framework for decisions. It can do many of the things that business people think they need to rely on PowerPoint bullet points for. But it does so in a way that makes the implications real and relatable. And that makes you a better, more credible advisor. I find there is much I have brought into consulting from acting, in terms of understanding one's...
March 13, 2014
Storytelling is one of the most under-rated skills in business. But it is vital getting a point across. It can have data behind it. It can set up a framework for decisions. It can do many of the things that business people think they need to rely on PowerPoint bullet points for. But it does so in a way that makes the implications real and relatable. And that makes you a better, more credible advisor. I find there is much I have brought into consulting from acting, in terms of understanding one's...
NLRB May Force Employers to Defend Themselves Twice
March 13, 2014
Defending unfair practice claims could get harder. According to a post by associate Samantha M. Kagan on Reed Smith’s...
March 13, 2014
Defending unfair practice claims could get harder. According to a post by associate Samantha M. Kagan on Reed Smith’s...
Court OKs Antitrust Class Action Waivers in Arbitration Clauses
March 13, 2014
After years of ambiguity about the enforceability of contract clauses mandating arbitration and waiving class action rights in domestic antitrust cases, the U.S. Supreme Court has finally brought clarity to the situation. In June 2013 the court decided American Express v. Italian Colors Restaurant, holding that arbitration clauses and waivers of class action rights are enforceable in domestic antitrust cases. Regardless of whether one agrees with the court's conclusion, the American Express...
March 13, 2014
After years of ambiguity about the enforceability of contract clauses mandating arbitration and waiving class action rights in domestic antitrust cases, the U.S. Supreme Court has finally brought clarity to the situation. In June 2013 the court decided American Express v. Italian Colors Restaurant, holding that arbitration clauses and waivers of class action rights are enforceable in domestic antitrust cases. Regardless of whether one agrees with the court's conclusion, the American Express...
How to Prepare for Mediation
March 13, 2014
At the heart of mediation is an emphasis on the intentions and needs of the disputants, unlike in litigation where the focus naturally moves to legal rights and obligations. Jane Player, a London partner in King & Spalding’s disputes group remarks: “People often prepare for mediation as if it were litigation and they exchange submissions which are little more than pleadings. In reality, it is better to ask them to submit a short document on their view of the commercial aspects of the deal...
March 13, 2014
At the heart of mediation is an emphasis on the intentions and needs of the disputants, unlike in litigation where the focus naturally moves to legal rights and obligations. Jane Player, a London partner in King & Spalding’s disputes group remarks: “People often prepare for mediation as if it were litigation and they exchange submissions which are little more than pleadings. In reality, it is better to ask them to submit a short document on their view of the commercial aspects of the deal...
D.R. Horton and the Arbitration Hotchpotch: Emerging “Rules” and the Future of Compelled Arbitration in California
March 13, 2014
Horton Hears an Employer Victory Last December, the Fifth Circuit issued its long-awaited decision in D.R. Horton, Inc....
March 13, 2014
Horton Hears an Employer Victory Last December, the Fifth Circuit issued its long-awaited decision in D.R. Horton, Inc....
Round Table: Litigation & Dispute Resolution 2014
March 12, 2014
In this roundtable we spoke with 11 experts from around the world about the latest changes and developments in Litigation and Dispute Resolution. Our chosen experts discuss key topics including the recently implemented Jackson Reforms, litigation funding and the advantages and disadvantages of alternative dispute resolution. Selvyn Seidel Fulbrook Management LLC E: Sseidel@Fulbrookmanagement.Com 2) With The Economic Recovery Gaining Traction, Do You Expect To See Your Level Of Activity...
March 12, 2014
In this roundtable we spoke with 11 experts from around the world about the latest changes and developments in Litigation and Dispute Resolution. Our chosen experts discuss key topics including the recently implemented Jackson Reforms, litigation funding and the advantages and disadvantages of alternative dispute resolution. Selvyn Seidel Fulbrook Management LLC E: Sseidel@Fulbrookmanagement.Com 2) With The Economic Recovery Gaining Traction, Do You Expect To See Your Level Of Activity...
Deep Pockets Swell Dockets: How Investors Fund Lawsuits
March 12, 2014
Legal scholars are calling for tighter regulation of litigation-investment firms. What began as a cottage industry to fund personal-injury lawsuits has become a booming international business in litigation finance. Some litigation-investment firms, such as Juridica and Burford Capital, both incorporated offshore, are publicly traded. Others like BlackRobe Capital Partners and Parabellum Capital, both in New York, are privately held.
March 12, 2014
Legal scholars are calling for tighter regulation of litigation-investment firms. What began as a cottage industry to fund personal-injury lawsuits has become a booming international business in litigation finance. Some litigation-investment firms, such as Juridica and Burford Capital, both incorporated offshore, are publicly traded. Others like BlackRobe Capital Partners and Parabellum Capital, both in New York, are privately held.
