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Why Attorneys Love-Hate Data Analytics
December 4, 2013
Die-hard Oakland A's fans were angry with general manager Billy Beane when he used computer-generated analytics to pick his players in 2002. Fans doubted that a computer could out think the scouts and experts in the stands. So their trip to the playoffs that season, as well as the following year, shocked the baseball world–—and convinced other teams there might just be something valuable in crunching numbers. Well, that was baseball. Legal professionals, on the other hand, still need some...
December 4, 2013
Die-hard Oakland A's fans were angry with general manager Billy Beane when he used computer-generated analytics to pick his players in 2002. Fans doubted that a computer could out think the scouts and experts in the stands. So their trip to the playoffs that season, as well as the following year, shocked the baseball world–—and convinced other teams there might just be something valuable in crunching numbers. Well, that was baseball. Legal professionals, on the other hand, still need some...
Unsettled
December 3, 2013
It wasn't long after the National Football League reached a tentative settlement with players over their concussion lawsuit that "tentative" seemed to be sliding toward "tenuous." It remains to be seen how many players will opt out of the settlement and pursue litigation—once the settlement is finalized. Even before U.S. District Judge Anita Brody in Philadelphia held a hearing on the proposed $765 million settlement (at press time a hearing was still pending), critics were attacking it as inadequate....
December 3, 2013
It wasn't long after the National Football League reached a tentative settlement with players over their concussion lawsuit that "tentative" seemed to be sliding toward "tenuous." It remains to be seen how many players will opt out of the settlement and pursue litigation—once the settlement is finalized. Even before U.S. District Judge Anita Brody in Philadelphia held a hearing on the proposed $765 million settlement (at press time a hearing was still pending), critics were attacking it as inadequate....
Enforcing Arbitral Awards That Have Previously Been Annulled
December 3, 2013
In their International Litigation column, Lawrence W. Newman and David Zaslowsky of Baker & McKenzie write: If an arbitration award is annulled in the courts of the country where the arbitration took place, can it nevertheless be enforced by the courts of another country? A recent decision in the Southern District of New York addressed and answered that very question.
December 3, 2013
In their International Litigation column, Lawrence W. Newman and David Zaslowsky of Baker & McKenzie write: If an arbitration award is annulled in the courts of the country where the arbitration took place, can it nevertheless be enforced by the courts of another country? A recent decision in the Southern District of New York addressed and answered that very question.
Arbitration Agreements Waiving FLSA Collective Actions
December 3, 2013
In their Arbitration column, Samuel Estreicher, a professor at New York University School of Law and of counsel to Schulte Roth & Zabel, and Holly H. Weiss, a partner at Schulte Roth, write: The Second Circuit has extended the Supreme Court's pro-arbitration jurisprudence to the labor and employment context through 'Parisi,' 'Sutherland,' and 'Raniere.' Employers and employees can expect courts in this circuit routinely to uphold arbitration agreements that, while they preclude class or collective...
December 3, 2013
In their Arbitration column, Samuel Estreicher, a professor at New York University School of Law and of counsel to Schulte Roth & Zabel, and Holly H. Weiss, a partner at Schulte Roth, write: The Second Circuit has extended the Supreme Court's pro-arbitration jurisprudence to the labor and employment context through 'Parisi,' 'Sutherland,' and 'Raniere.' Employers and employees can expect courts in this circuit routinely to uphold arbitration agreements that, while they preclude class or collective...
Mediated Settlement Term Sheet Upheld Against Claims of Uncertainty and Mistake
December 3, 2013
Mediation between two accountants resulted in a signed term sheet dividing the work and compensation from clients of a third...
December 3, 2013
Mediation between two accountants resulted in a signed term sheet dividing the work and compensation from clients of a third...
Consumer Arbitration Unconscionability Trumps FAA Pre-Emption in Ninth Circuit Once Again
December 3, 2013
A California grocery chain, presumably emboldened by Supreme Court decisions that appeared to sustain corporate arbitration policies used to stifle consumer and employee class actions, took a gamble and, at least in the U.S. Ninth Circuit Court of Appeals, lost. This grocer fashioned an arbitration policy, imposed on applicants for employment as a condition for receiving their applications, that: (1) ensured that when an employee demanded arbitration, the grocer would pick the sole arbitrator, and (2) required...
December 3, 2013
A California grocery chain, presumably emboldened by Supreme Court decisions that appeared to sustain corporate arbitration policies used to stifle consumer and employee class actions, took a gamble and, at least in the U.S. Ninth Circuit Court of Appeals, lost. This grocer fashioned an arbitration policy, imposed on applicants for employment as a condition for receiving their applications, that: (1) ensured that when an employee demanded arbitration, the grocer would pick the sole arbitrator, and (2) required...
The CBS – Time Warner Cable Dispute: Making a Bad BATNA Even Worse
December 2, 2013
On October 31, Time Warner Cable reported a huge quarterly loss of television subscribers, the largest in its history: 306,000 of its 11.7 million subscribers dropped the company, the New York Times reports. The bad news has been attributed largely to an impasse with television network CBS over fees, which led to Time Warner blacking CBS out of millions of homes in New York, Los Angeles, and Dallas for a month this summer. The agreement reached by the two parties was viewed as a victory for CBS,...
December 2, 2013
On October 31, Time Warner Cable reported a huge quarterly loss of television subscribers, the largest in its history: 306,000 of its 11.7 million subscribers dropped the company, the New York Times reports. The bad news has been attributed largely to an impasse with television network CBS over fees, which led to Time Warner blacking CBS out of millions of homes in New York, Los Angeles, and Dallas for a month this summer. The agreement reached by the two parties was viewed as a victory for CBS,...
Developing a Framework for Arbitrating Standards-Essential Patent (SEP) Disputes
December 2, 2013
Jorge L. Contreras, Associate Professor of Law at American University, Washington College of Law, and David L. Newman, Partner in the Intellectual Property Law Group at Arnstein & Lehr LLP, have authored an interesting article entitled, Developing a Framework for Arbitrating Standards-Essential Patent (SEP) Disputes, Journal of Dispute Resolution, (2014, forthcoming). In the article, the authors discuss whether arbitration should be used to resolve standards-essential patents disputes. Here...
December 2, 2013
Jorge L. Contreras, Associate Professor of Law at American University, Washington College of Law, and David L. Newman, Partner in the Intellectual Property Law Group at Arnstein & Lehr LLP, have authored an interesting article entitled, Developing a Framework for Arbitrating Standards-Essential Patent (SEP) Disputes, Journal of Dispute Resolution, (2014, forthcoming). In the article, the authors discuss whether arbitration should be used to resolve standards-essential patents disputes. Here...
Doug Noll’s Advanced Legal Negotiation Master Class Tomorrow Featuring Picture It Settled
December 2, 2013
Learn how to exploit lawyer predictability in mediation using concession planning. When: Tuesday, December 3, 2013 Time: 9:00 am Pacific/Noon Eastern Length: 60 minutes Cost: $49.99 What participant's say about these webinars: "I had an intense mediation yesterday, an employment case with a lot of hard feelings and an opposing attorney who lost her professional distance. Your latest webinar helped me prepare myself & the clients. But better still, it helped me help a very...
December 2, 2013
Learn how to exploit lawyer predictability in mediation using concession planning. When: Tuesday, December 3, 2013 Time: 9:00 am Pacific/Noon Eastern Length: 60 minutes Cost: $49.99 What participant's say about these webinars: "I had an intense mediation yesterday, an employment case with a lot of hard feelings and an opposing attorney who lost her professional distance. Your latest webinar helped me prepare myself & the clients. But better still, it helped me help a very...
Fifth Circuit Holds Procedural Questions for ICDR to Decide
December 2, 2013
The United States Court of Appeals for the Fifth Circuit has held that procedural challenges to the selection of an arbitrator in an international dispute must be determined by the International Centre for Dispute Resolution (“ICDR”). In Adam Technologies International S.A. de C.V. v. Sutherland Global Services, Inc., No. 12-10760, (5th Cir., September 05, 2013), Sutherland Global Services, Inc. (“Sutherland”) sought arbitration in New York with Adam Technologies International S.A....
December 2, 2013
The United States Court of Appeals for the Fifth Circuit has held that procedural challenges to the selection of an arbitrator in an international dispute must be determined by the International Centre for Dispute Resolution (“ICDR”). In Adam Technologies International S.A. de C.V. v. Sutherland Global Services, Inc., No. 12-10760, (5th Cir., September 05, 2013), Sutherland Global Services, Inc. (“Sutherland”) sought arbitration in New York with Adam Technologies International S.A....
