News
Appeals Court Throws Out Confidential Arbitration in Delaware
October 24, 2013
A decision by a federal appeals court has ended Delaware’s experiment with confidential arbitration. In an opinion released Wednesday, a three-judge panel for the United States Court of Appeals for the Third Circuit upheld a lower court ruling that Delaware’s state-sponsored arbitration program violated the First Amendment. The controversial arbitration program was established by Delaware in 2009. Delaware is the leading state for incorporations by public companies, and the five judges...
October 24, 2013
A decision by a federal appeals court has ended Delaware’s experiment with confidential arbitration. In an opinion released Wednesday, a three-judge panel for the United States Court of Appeals for the Third Circuit upheld a lower court ruling that Delaware’s state-sponsored arbitration program violated the First Amendment. The controversial arbitration program was established by Delaware in 2009. Delaware is the leading state for incorporations by public companies, and the five judges...
In-House Legal Departments Turning Into Mini-Firms?
October 24, 2013
Around the world, some in-house legal departments are beginning to wonder what their expertise is worth outside the company. A legal consultant in Australia claims a group of insurance underwriters has considered establishing its own "captive law firm" that would serve its needs as well as other similar clients. And a British construction company is allowing its in-house legal department to offer low-cost services to other companies in the same industry. George Beaton, executive chairman of Beaton...
October 24, 2013
Around the world, some in-house legal departments are beginning to wonder what their expertise is worth outside the company. A legal consultant in Australia claims a group of insurance underwriters has considered establishing its own "captive law firm" that would serve its needs as well as other similar clients. And a British construction company is allowing its in-house legal department to offer low-cost services to other companies in the same industry. George Beaton, executive chairman of Beaton...
SEC Introduces, Unanimously Approves Crowdfunding Proposals
October 23, 2013
The Securities and Exchange Commission on Wednesday formally proposed new rules that would allow entrepreneurs to raise capital from anyone in the country through online investment portals.The new rules, which were approved unanimously by the five-member commission and now enter a three-month comment period, would give companies the green light to start widely selling securities through what are known as crowdfunding portals. Right now, entrepreneurs can offer equity deals through the marketplaces...
October 23, 2013
The Securities and Exchange Commission on Wednesday formally proposed new rules that would allow entrepreneurs to raise capital from anyone in the country through online investment portals.The new rules, which were approved unanimously by the five-member commission and now enter a three-month comment period, would give companies the green light to start widely selling securities through what are known as crowdfunding portals. Right now, entrepreneurs can offer equity deals through the marketplaces...
In Practice: Bespoke Arbitration
October 23, 2013
The parties can craft an off-the-rack proceeding to suit the needs of the case, explains Jerome Falk of JAMS.
October 23, 2013
The parties can craft an off-the-rack proceeding to suit the needs of the case, explains Jerome Falk of JAMS.
Law Departments Trading Large Firms for ‘Large Enough’
October 23, 2013
When choosing outside firms to handle legal matters, a new survey indicates corporate law departments are not necessarily knocking on the doors of the largest 50 U.S. law firms, instead going to those that are a somewhat smaller—but still “large enough.” The “CounselLink Enterprise Legal Management Trends Report,”conducted by LexisNexis division CounselLink, looked at data collected from more than two million legal invoices, covering 300,000 matters. The report concluded that corporate...
October 23, 2013
When choosing outside firms to handle legal matters, a new survey indicates corporate law departments are not necessarily knocking on the doors of the largest 50 U.S. law firms, instead going to those that are a somewhat smaller—but still “large enough.” The “CounselLink Enterprise Legal Management Trends Report,”conducted by LexisNexis division CounselLink, looked at data collected from more than two million legal invoices, covering 300,000 matters. The report concluded that corporate...
In 5-2 Ruling, Justices Cut Path Through ‘Concepcion’
October 23, 2013
Unconscionability remains a valid defense to compulsory arbitration clauses that are "unreasonably one-sided," wrote Justice Goodwin Liu.
October 23, 2013
Unconscionability remains a valid defense to compulsory arbitration clauses that are "unreasonably one-sided," wrote Justice Goodwin Liu.
Smartphone Kill Switch Campaign Gathers Momentum
October 23, 2013
New York Attorney General Eric Schneiderman reiterated, on Monday, his commitment to pressuring smartphone manufacturers to install kill switches that can remotely disable smartphones in an effort to make them worthless to thieves and black market smartphone resellers. Standing alongside New York City Public Advocate Bill de Blasio at a press conference in the New York Attorney General's office in New York City, Schneiderman stated, in no uncertain terms, that adopting an industry-wide kill...
October 23, 2013
New York Attorney General Eric Schneiderman reiterated, on Monday, his commitment to pressuring smartphone manufacturers to install kill switches that can remotely disable smartphones in an effort to make them worthless to thieves and black market smartphone resellers. Standing alongside New York City Public Advocate Bill de Blasio at a press conference in the New York Attorney General's office in New York City, Schneiderman stated, in no uncertain terms, that adopting an industry-wide kill...
How to Manage the Costs of NPE Patent Lawsuits
October 22, 2013
Non-practicing entity (NPE) lawsuits are an increasing expense for companies. While these lawsuits are often not “bet the company,” they can be expensive. Given that the apparent goal of most NPE lawsuits is an early settlement, part of the job of minimizing costs is already done for the company. But the cost-benefit analysis of early settlement is complicated. On the one hand, patent infringement suits are costly and settling early for less than the cost of litigation may be appealing. On the other...
October 22, 2013
Non-practicing entity (NPE) lawsuits are an increasing expense for companies. While these lawsuits are often not “bet the company,” they can be expensive. Given that the apparent goal of most NPE lawsuits is an early settlement, part of the job of minimizing costs is already done for the company. But the cost-benefit analysis of early settlement is complicated. On the one hand, patent infringement suits are costly and settling early for less than the cost of litigation may be appealing. On the other...
Is it Time for Human Analytics in Document Review?
October 22, 2013
Document review often accounts for 60 percent or more of the cost of litigation. And although the size and nature of document reviews can vary, the basic goal is to identify documents that meet predefined criteria as specified in a document request. That said, document review needn’t be just a “cost of doing business” in discovery; instead, a well-devised and managed review can be a tool that furthers case strategy. Good processes, training, team management, and the right mix of people and technology...
October 22, 2013
Document review often accounts for 60 percent or more of the cost of litigation. And although the size and nature of document reviews can vary, the basic goal is to identify documents that meet predefined criteria as specified in a document request. That said, document review needn’t be just a “cost of doing business” in discovery; instead, a well-devised and managed review can be a tool that furthers case strategy. Good processes, training, team management, and the right mix of people and technology...
Visualizing Big Data in Milliseconds on Cheap Computers
October 22, 2013
New database technology speeds up visualizations by as much as 70 times on ordinary computers.
October 22, 2013
New database technology speeds up visualizations by as much as 70 times on ordinary computers.
