“I don’t like that Facebook post—you’re fired.” It’s perhaps a sentence employers dream of saying, but don’t dare. Once a social network has been used to screen employees, it’s hard for their employers to use it against them. But Maria Danaher, on Ogletree Deakins’ Employment Blog, explains how a recent Seventh Circuit Court of Appeals case could be changing that.
In the case, a daycare worker claimed gender discrimination after he was fired based on a Facebook post that contained...
A project providing free online access to federal court opinions has expanded to include 64 courts. The federal Judiciary and the Government Printing Office partner through the GPO’s Federal Digital System, FDsys, to provide public access to more than 750,000 opinions, many dating back to 2004.
The Judicial Conference approved national implementation of the project in September 2012, expanding participation from the original 29 courts. FDsys currently contains opinions from 8 appellate courts,...
The crossroads between healthcare and mediation is in the news again. According to reports, attorneys for many of the individuals who were injured in last year’s rare fungal meningitis outbreak are now working hard to ensure that every potential defendant participates in a court-approved mediation program set-up to help victims. The so-called Plaintiffs’ Steering Committee has asked healthcare providers who allegedly administered tainted drugs created at the now bankrupt New England Compounding...
San Antonio Bar Foundation
22nd Annual 5K Fun Run
November 23, 2013
Benefiting the Bexar County Dispute Resolution Center’s Amigos in Mediation Program and Other Charitable Community Projects of the San Antonio Bar Foundation
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Just four months ago, SCOTUS suggested (but did not hold) that the decision to allow class arbitrations might be a “gateway” issue of arbitrability that defaults to courts. This week, the Sixth Circuit was the first to take the bait and declare the availability of class actions a gateway question that a court decides unless the parties clearly assign the question to the arbitrator.
In Reed Elsevier, Inc. v. Crockett, __ F.3d __, 2013 5911219 (6th Cir. Nov. 5, 2013), a lawyer filed...
Mediation Quotes:
“If parties do not settle it is often because one or more of them wants more than simply an agreement. A litigant may be seeking . . . the chance to confront an opponent in the presence of a neutral person, present arguments, and express his feelings about what happened. . . .
“[S]trong emotions, left unaddressed, can badly distort one or both parties’ bargaining decisions. Not dealing with feelings is itself a barrier to settlement. . . .
“[In mediation,] parties...
Legal process outsourcing (LPO) is one of the most widely debated topics amongst general counsel. Despite all the concerns regarding information security, efficiency, etc., the outsourcing industry has witnessed an impressive growth of 28 percent this year, and is expected to continue to grow in the coming years.
Cost benefit is the most significant reason for companies to embrace LPO. An attorney in the United States charges around $530 per hour, whereas an attorney in India with similar experience...
Learnings to date about the “Unicorn Club”:
We found 39 companies belong to what we call the “Unicorn Club” (by our definition, U.S.-based software companies started since 2003 and valued at over $1 billion by public or private market investors). That’s about .07 percent of venture-backed consumer and enterprise software startups.
On average, four unicorns were born per year in the past decade, with Facebook being the breakout “super-unicorn” (worth >$100...