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Skadden, Yetter Coleman Face Off Over Arbitration Vacatur
November 13, 2013
Austin boutique Yetter Coleman sought to disqualify an arbitrator from a client matter, after one of its name partners scored...
November 13, 2013
Austin boutique Yetter Coleman sought to disqualify an arbitrator from a client matter, after one of its name partners scored...
Fifth Circuit Securities Update
November 12, 2013
Since the end of the last survey period, the Supreme Court issued a significant decision holding that defendants in Rule 10b-5 securities fraud actions could not defeat class certification by contesting the materiality of the alleged misrepresentations. Shortly thereafter, the Fifth Circuit applied this holding to bar securities fraud defendants from contesting class certification by arguing that the alleged misrepresentations did not affect the stock price. The Fifth Circuit also addressed several...
November 12, 2013
Since the end of the last survey period, the Supreme Court issued a significant decision holding that defendants in Rule 10b-5 securities fraud actions could not defeat class certification by contesting the materiality of the alleged misrepresentations. Shortly thereafter, the Fifth Circuit applied this holding to bar securities fraud defendants from contesting class certification by arguing that the alleged misrepresentations did not affect the stock price. The Fifth Circuit also addressed several...
LinkedIn Post Likely Didn’t Violate Noncompete Clause
November 12, 2013
A LinkedIn profile update alerting a user’s contacts about her new job did not necessarily constitute a solicitation of business that ran afoul of her noncompete agreement, a Massachusetts trial judge has ruled. KNF&T Inc. v. Muller was filed last month in Suffolk, Mass., Superior Court against former KNF&T vice president Charlotte Muller and her new employer, Panther Global Group Inc. KNF&T, which does business as KNF&T Staffing Resources, claims Muller violated her one-year...
November 12, 2013
A LinkedIn profile update alerting a user’s contacts about her new job did not necessarily constitute a solicitation of business that ran afoul of her noncompete agreement, a Massachusetts trial judge has ruled. KNF&T Inc. v. Muller was filed last month in Suffolk, Mass., Superior Court against former KNF&T vice president Charlotte Muller and her new employer, Panther Global Group Inc. KNF&T, which does business as KNF&T Staffing Resources, claims Muller violated her one-year...
Lawyering in the Shadow of Data
November 12, 2013
Attorney bargaining has traditionally taken place in the shadow of trial, as litigants alter their pretrial behavior --- including their willingness to negotiate a settlement --- based on perceptions of likely outcomes at trial and anticipated litigation costs. Lawyers practicing in the shadow of trial have, in turn, traditionally formed their perception of the likely outcome at trial based on their knowledge of case precedents, intuition, and previous interactions with the presiding judge and opposing...
November 12, 2013
Attorney bargaining has traditionally taken place in the shadow of trial, as litigants alter their pretrial behavior --- including their willingness to negotiate a settlement --- based on perceptions of likely outcomes at trial and anticipated litigation costs. Lawyers practicing in the shadow of trial have, in turn, traditionally formed their perception of the likely outcome at trial based on their knowledge of case precedents, intuition, and previous interactions with the presiding judge and opposing...
Patent Litigation Gets a Boost from Legal Analytics
November 12, 2013
In the 25 years that Vicki Veenker has been practicing intellectual property law, she has never felt as well prepared to litigate a case as she does right now. And she’s got the data to prove it. “I am better equipped to figure out the right strategy,” she said. “I used to rely heavily on anecdotal information, but now I have an objective view of the litigation landscape.” That objective view is coming from legal analytics—the use of big data sorted and filtered in ways that can help...
November 12, 2013
In the 25 years that Vicki Veenker has been practicing intellectual property law, she has never felt as well prepared to litigate a case as she does right now. And she’s got the data to prove it. “I am better equipped to figure out the right strategy,” she said. “I used to rely heavily on anecdotal information, but now I have an objective view of the litigation landscape.” That objective view is coming from legal analytics—the use of big data sorted and filtered in ways that can help...
Sixth Circuit Rejects Class Arbitration Claims Against LexisNexis
November 12, 2013
In a case brought by a lawyer who objected to LexisNexis's billing practices, the U.S. Court of Appeals for the Sixth Circuit...
November 12, 2013
In a case brought by a lawyer who objected to LexisNexis's billing practices, the U.S. Court of Appeals for the Sixth Circuit...
Personal Jurisdiction in the Fifth Circuit’s Commercial Opinions: 2012-13
November 11, 2013
Introduction: The Supreme Court in 2011 In 2011, the Supreme Court revisited two thorny personal jurisdiction concepts – general jurisdiction, on which it had only written two previous opinions, and specific jurisdiction based on a “stream of commerce” theory. The Court had previously found general jurisdiction when a company had its headquarters in the forum state, Perkins v. Benguet Consol. Mining, 342 U.S. 437 (1952), and rejected general jurisdiction based on a company’s pattern of purchases...
November 11, 2013
Introduction: The Supreme Court in 2011 In 2011, the Supreme Court revisited two thorny personal jurisdiction concepts – general jurisdiction, on which it had only written two previous opinions, and specific jurisdiction based on a “stream of commerce” theory. The Court had previously found general jurisdiction when a company had its headquarters in the forum state, Perkins v. Benguet Consol. Mining, 342 U.S. 437 (1952), and rejected general jurisdiction based on a company’s pattern of purchases...
Former Chief Justice Wallace Jefferson Being Honored as ‘Texan of the Year’
November 11, 2013
Former Texas Supreme Court Chief Justice Wallace Jefferson has been named 2014 Texan of the Year by the Texas Legislative Conference for his accomplishments on the bench. Gov. Rick Perry appointed him to the court in 2001 and he subsequently was elected in 2002. Perry later named him chief justice in 2004 and voters elected him to chief justice in 2006 and to a full term in 2008. He holds the distinction of being the first African-American justice and the first African-American chief justice...
November 11, 2013
Former Texas Supreme Court Chief Justice Wallace Jefferson has been named 2014 Texan of the Year by the Texas Legislative Conference for his accomplishments on the bench. Gov. Rick Perry appointed him to the court in 2001 and he subsequently was elected in 2002. Perry later named him chief justice in 2004 and voters elected him to chief justice in 2006 and to a full term in 2008. He holds the distinction of being the first African-American justice and the first African-American chief justice...
Texas Supreme Court Applies ‘Golden Rule’ in Assessing Fee Award
November 11, 2013
When it comes to fee shifting, a lawyer shall do unto the opposing party as he would do unto his own client. That's one theme in a recent Texas Supreme Court opinion. The high court scrutinized the evidence of two lawyers' work, striking down the lead counsel's fee award of $339,000 but upholding a $37,000 award for his co-counsel. In reversing and remanding Richard J. Gonzalez' fee, the opinion delivers a Golden Rule for parties hoping to collect under fee-shifting statutes. "Here, Gonzalez...
November 11, 2013
When it comes to fee shifting, a lawyer shall do unto the opposing party as he would do unto his own client. That's one theme in a recent Texas Supreme Court opinion. The high court scrutinized the evidence of two lawyers' work, striking down the lead counsel's fee award of $339,000 but upholding a $37,000 award for his co-counsel. In reversing and remanding Richard J. Gonzalez' fee, the opinion delivers a Golden Rule for parties hoping to collect under fee-shifting statutes. "Here, Gonzalez...
Are You Upset or Angry?
November 11, 2013
“I can see that you are angry” versus “I can see that you are upset.” Which one is better? Are they both the same thing? Would both work as well with an angry person? The answer is that one word can make the difference in your discussion. Many times angry people won’t admit that they are angry. If you say that you can see that they are angry, they will end up in a semantic battle with you regarding the definition of angry. “I can see that you are angry” “I’m not angry....
November 11, 2013
“I can see that you are angry” versus “I can see that you are upset.” Which one is better? Are they both the same thing? Would both work as well with an angry person? The answer is that one word can make the difference in your discussion. Many times angry people won’t admit that they are angry. If you say that you can see that they are angry, they will end up in a semantic battle with you regarding the definition of angry. “I can see that you are angry” “I’m not angry....
