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Tautology and the Art of Listening
September 13, 2018
We only hear half of what we listen to. Perhaps that is why most people instinctively use tautology when they write or speak. Tautology is the use of different words to say the same thing or repeating the same thing twice, often in the same sentence, using different words. Most people don’t even know that they’re doing it. Tautology clutters otherwise simple communication. Mark Twain made entertaining and sarcastic use of tautology. His most famous example is “Suppose you were an idiot and suppose...
September 13, 2018
We only hear half of what we listen to. Perhaps that is why most people instinctively use tautology when they write or speak. Tautology is the use of different words to say the same thing or repeating the same thing twice, often in the same sentence, using different words. Most people don’t even know that they’re doing it. Tautology clutters otherwise simple communication. Mark Twain made entertaining and sarcastic use of tautology. His most famous example is “Suppose you were an idiot and suppose...
Federal Judge Refuses to Enforce AT&T’s Arbitration Policy Against Former Employee
September 13, 2018
A federal judge has denied an employer’s motion to compel arbitration in a gender and race discrimination...
September 13, 2018
A federal judge has denied an employer’s motion to compel arbitration in a gender and race discrimination...
Litigation Finance Industry Opens Up To Private Investors
September 12, 2018
A crowdfunding platform in the UK looking to back small cases hopes to deliver high returns The growing popularity of litigation finance has been fuelled by billions of dollars from hedge funds, private equity and other institutional investors. Now a crowdfunding platform due to launch in the UK early next month is hoping to spread the word — and the high returns — to private investors. In recent years, money has been pouring into litigation finance businesses, which provide upfront...
September 12, 2018
A crowdfunding platform in the UK looking to back small cases hopes to deliver high returns The growing popularity of litigation finance has been fuelled by billions of dollars from hedge funds, private equity and other institutional investors. Now a crowdfunding platform due to launch in the UK early next month is hoping to spread the word — and the high returns — to private investors. In recent years, money has been pouring into litigation finance businesses, which provide upfront...
Who May Determine Whether Class Arbitration Is Authorized?
September 12, 2018
Who may determine whether “class arbitration” has been authorized by the parties to an arbitration agreement — a court, an arbitrator, either? Considering the nature of “class arbitration,” is this a special case of the arbitrability delegation issue, or is this issue sui generis? And what does exploring the issue reveal about the larger question of whether “class arbitration” is an oxymoron? The starting point for any analysis concerning arbitration is that it is a creature of contract....
September 12, 2018
Who may determine whether “class arbitration” has been authorized by the parties to an arbitration agreement — a court, an arbitrator, either? Considering the nature of “class arbitration,” is this a special case of the arbitrability delegation issue, or is this issue sui generis? And what does exploring the issue reveal about the larger question of whether “class arbitration” is an oxymoron? The starting point for any analysis concerning arbitration is that it is a creature of contract....
Mediator Don Philbin Again Recognized by Best Lawyers in America, Super Lawyers, and Who’s Who Legal
September 11, 2018
Attorney-Mediator Don Philbin has again been recognized in: Best Lawyers in Mediation and Arbitration (since 2007) ...
September 11, 2018
Attorney-Mediator Don Philbin has again been recognized in: Best Lawyers in Mediation and Arbitration (since 2007) ...
SCOTUS Rules in Epic Systems: What It Means for Securities Arbitration
September 11, 2018
George Friedman, Adjunct Professor of Law at Fordham University School of Law, has published “SCOTUS Rules in Epic Systems: What It Means for Securities Arbitration,” Securities Arbitration Commentator, Vol. 2018, No. 3. In his paper, Professor Friedman examines the potential impact the United States Supreme Court’s recent decision in Epic Systems Corp. may have on arbitration within the securities industry. Here is the abstract: In a 5-4 decision split along ideological...
September 11, 2018
George Friedman, Adjunct Professor of Law at Fordham University School of Law, has published “SCOTUS Rules in Epic Systems: What It Means for Securities Arbitration,” Securities Arbitration Commentator, Vol. 2018, No. 3. In his paper, Professor Friedman examines the potential impact the United States Supreme Court’s recent decision in Epic Systems Corp. may have on arbitration within the securities industry. Here is the abstract: In a 5-4 decision split along ideological...
For the World’s Super Rich, Litigation Funding Is the New Black
September 10, 2018
While there are no good figures for the total amount of money backing litigation in Australia (or globally for that matter), there is plenty of anecdotal evidence that the tide is rising. Connection Capital LLP in London, which invests on behalf of wealthy individuals, has seen a “considerable level of interest from new and existing investors” according to Emma Bewley, the firm’s head of funds. “Returns across a portfolio are similar to private equity but are expected to be generated within...
September 10, 2018
While there are no good figures for the total amount of money backing litigation in Australia (or globally for that matter), there is plenty of anecdotal evidence that the tide is rising. Connection Capital LLP in London, which invests on behalf of wealthy individuals, has seen a “considerable level of interest from new and existing investors” according to Emma Bewley, the firm’s head of funds. “Returns across a portfolio are similar to private equity but are expected to be generated within...
Citi Survey: Revenue, Demand Down at Texas Firms in First Half of 2018
September 10, 2018
Demand and revenue growth declined in Texas during the first six months of the year, compared with the same period in 2017, according to a Citi Private Bank's Law Firm Group report. Through June 30, law firms turned in their best half since the recession, according to City Private Bank’s Law Firm Group 1H18 Flash Results, which includes data from 186 firms. That was not the case in Texas.
September 10, 2018
Demand and revenue growth declined in Texas during the first six months of the year, compared with the same period in 2017, according to a Citi Private Bank's Law Firm Group report. Through June 30, law firms turned in their best half since the recession, according to City Private Bank’s Law Firm Group 1H18 Flash Results, which includes data from 186 firms. That was not the case in Texas.
Chevron Launching Predictive Maintenance to Oil Fields, Refineries
September 9, 2018
Working with Internet of Things services from Microsoft Corp., Chevron aims to enable thousands of pieces of equipment with...
September 9, 2018
Working with Internet of Things services from Microsoft Corp., Chevron aims to enable thousands of pieces of equipment with...
Lola v. Skadden and the Automation of the Legal Profession
September 9, 2018
Technological innovation has accelerated at an exponential pace in the last few decades, ushering in an era of unprecedented advancements in algorithms and artificial intelligence technologies. Traditionally, the legal field has protected itself from technological disruptions by maintaining a professional monopoly over legal work and limiting the “practice of law” to only those who are licensed. This article analyzes the long-term impact of the Second Circuit’s opinion in Lola v. Skadden,...
September 9, 2018
Technological innovation has accelerated at an exponential pace in the last few decades, ushering in an era of unprecedented advancements in algorithms and artificial intelligence technologies. Traditionally, the legal field has protected itself from technological disruptions by maintaining a professional monopoly over legal work and limiting the “practice of law” to only those who are licensed. This article analyzes the long-term impact of the Second Circuit’s opinion in Lola v. Skadden,...
