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2014 ABA Corporate Counsel CLE Seminar
November 15, 2013
Please join us at the Westin Mission Hills Resort and Spa in Rancho Mirage, California, February 13–16, 2014, for our annual Corporate...
November 15, 2013
Please join us at the Westin Mission Hills Resort and Spa in Rancho Mirage, California, February 13–16, 2014, for our annual Corporate...
Posner: Lawyers Bad At Math Are An Increasing Concern
November 15, 2013
An inmate’s “plainly meritless” suit over a three-week lapse in his blood pressure medication highlights the legal profession’s discomfort with science and technology issues, according to a federal appeals opinion by Judge Richard Posner. The Chicago-based 7th U.S. Circuit Court of Appeals affirmed dismissal of the suit by Maurice Jackson in an Oct. 28 opinion that chastised the judges and the lawyers for failing to cite medical evidence supporting the inmate’s claimed symptoms. “Innumerable...
November 15, 2013
An inmate’s “plainly meritless” suit over a three-week lapse in his blood pressure medication highlights the legal profession’s discomfort with science and technology issues, according to a federal appeals opinion by Judge Richard Posner. The Chicago-based 7th U.S. Circuit Court of Appeals affirmed dismissal of the suit by Maurice Jackson in an Oct. 28 opinion that chastised the judges and the lawyers for failing to cite medical evidence supporting the inmate’s claimed symptoms. “Innumerable...
A Q&A with the General Counsel for Southwest Airlines
November 14, 2013
Mark Shaw is the vice president, general counsel and corporate secretary for Southwest Airlines Co. He has been with Southwest for 13 years and prior to becoming GC in February 2013, he was the associate general counsel-corporate and transactions. In that role, one of his primary areas of responsibility was aircraft finance and lease transactions. Prior to joining Southwest in 2000, Shaw was an attorney with Akin, Gump, Strauss, Hauer & Feld in Dallas, where he practiced in the corporate restructuring...
November 14, 2013
Mark Shaw is the vice president, general counsel and corporate secretary for Southwest Airlines Co. He has been with Southwest for 13 years and prior to becoming GC in February 2013, he was the associate general counsel-corporate and transactions. In that role, one of his primary areas of responsibility was aircraft finance and lease transactions. Prior to joining Southwest in 2000, Shaw was an attorney with Akin, Gump, Strauss, Hauer & Feld in Dallas, where he practiced in the corporate restructuring...
Employment Litigation in the Age of Social Media
November 14, 2013
Like everything else, employment litigation has gone social, turning "likes" and off-the-cuff comments into high-stake courtroom...
November 14, 2013
Like everything else, employment litigation has gone social, turning "likes" and off-the-cuff comments into high-stake courtroom...
Class Certification’s Predominance Standard Alive and Well in the Sixth Circuit
November 14, 2013
The U.S. Supreme Court’s decision in Comcast Corp. v. Behrend [PDF] left many questions as to how courts should determine whether to certify a class under the predominance standard set forth in Rule 23(b)(3) of the Federal Rules of Civil Procedure. The U.S. Court of Appeals for the Sixth Circuit weighed in on the issue inGlazer v. Whirlpool Corp. [PDF] when it determined that unless a class action is certified as to both liability and damages, Comcast will have limited applicability. This...
November 14, 2013
The U.S. Supreme Court’s decision in Comcast Corp. v. Behrend [PDF] left many questions as to how courts should determine whether to certify a class under the predominance standard set forth in Rule 23(b)(3) of the Federal Rules of Civil Procedure. The U.S. Court of Appeals for the Sixth Circuit weighed in on the issue inGlazer v. Whirlpool Corp. [PDF] when it determined that unless a class action is certified as to both liability and damages, Comcast will have limited applicability. This...
National Labor Relations Board Increases Its Focus on Issues Impacting Nonunionized Employers (Arbitration)
November 14, 2013
II. The Board Attacks Arbitration Policies and Agreements in Two Key Ways. The Board, and its General Counsel, in recent...
November 14, 2013
II. The Board Attacks Arbitration Policies and Agreements in Two Key Ways. The Board, and its General Counsel, in recent...
Ex-PTO GC Bernard Knight on the Future of Patent Law
November 13, 2013
Bernard Knight Jr., former general counsel at the U.S. Patent and Trademark Office, played a significant role in the creation...
November 13, 2013
Bernard Knight Jr., former general counsel at the U.S. Patent and Trademark Office, played a significant role in the creation...
Vulnerability, A Defense Against Difficult People
November 13, 2013
This weekend, I gave a speech on dealing with difficult and we were discussing the strategy of making yourself vulnerable to combat a difficult person. Being vulnerable allows you to achieve some very valuable things in developing rapport with that difficult person. First, you can start to build trust. Today, most people are exposed to a lot of talk, but very little action. They feel that many people aren’t genuine in their interactions. And as such, they don’t let their guard down....
November 13, 2013
This weekend, I gave a speech on dealing with difficult and we were discussing the strategy of making yourself vulnerable to combat a difficult person. Being vulnerable allows you to achieve some very valuable things in developing rapport with that difficult person. First, you can start to build trust. Today, most people are exposed to a lot of talk, but very little action. They feel that many people aren’t genuine in their interactions. And as such, they don’t let their guard down....
New Optional Rules Created for Appellate Arbitration
November 13, 2013
The American Arbitration Association (AAA) and the International Centre for Dispute Resolution (ICDR) announced Friday that parties wanting further review of an arbitrator’s award decision will now have a specific and streamlined procedure to follow. The new “Optional Appellate Arbitration Rules” from the AAA, one of the top organizations administering alternative dispute resolution (ADR) cases, will add a new dimension to existing appellate arbitration options. Before the introduction...
November 13, 2013
The American Arbitration Association (AAA) and the International Centre for Dispute Resolution (ICDR) announced Friday that parties wanting further review of an arbitrator’s award decision will now have a specific and streamlined procedure to follow. The new “Optional Appellate Arbitration Rules” from the AAA, one of the top organizations administering alternative dispute resolution (ADR) cases, will add a new dimension to existing appellate arbitration options. Before the introduction...
When Imperfect is Good Enough
November 13, 2013
Striving for perfection is a lauded goal in society. Professional athletes who spend endless hours perfecting their technique are often the ones signing the huge contracts and getting on the covers of Wheaties boxes. The students who get straight A’s are the ones speaking at graduation. You won’t get a Nobel prize for so-so contributions to science. But when it comes to negotiations, there is no such thing as the perfect deal or settlement. If your idea of the perfect lawsuit settlement...
November 13, 2013
Striving for perfection is a lauded goal in society. Professional athletes who spend endless hours perfecting their technique are often the ones signing the huge contracts and getting on the covers of Wheaties boxes. The students who get straight A’s are the ones speaking at graduation. You won’t get a Nobel prize for so-so contributions to science. But when it comes to negotiations, there is no such thing as the perfect deal or settlement. If your idea of the perfect lawsuit settlement...
