Blog Archives
Can Arbitrability Questions Concerning a Non-Signatory to the Arbitration Agreement Be “Delegated” to an Arbitrator?
July 11, 2018
“Gateway” arbitration issues, including the validity, enforceability, and scope of an arbitration agreement, are presumptively to be decided by a court, rather than by an arbitrator. However, such gateway issues may be “delegated” to an arbitrator, e.g., AT&T Technologies, Inc. v. Communications Workers, 475 U.S. 643, 106 S.Ct. 1415 (1986), if the pertinent arbitration agreement clearly and unmistakably manifests the parties’ intention to do so, First Options of Chicago v. Kaplan,...
July 11, 2018
“Gateway” arbitration issues, including the validity, enforceability, and scope of an arbitration agreement, are presumptively to be decided by a court, rather than by an arbitrator. However, such gateway issues may be “delegated” to an arbitrator, e.g., AT&T Technologies, Inc. v. Communications Workers, 475 U.S. 643, 106 S.Ct. 1415 (1986), if the pertinent arbitration agreement clearly and unmistakably manifests the parties’ intention to do so, First Options of Chicago v. Kaplan,...
Soros Backs Personal Injury Lawsuits in Market With 20% Returns
July 10, 2018
The development is the latest twist on the litigation funding market, which has drawn criticism for monetizing and encouraging the lawsuit culture in the U.S. The firm Soros is backing, Mighty Group, bundles cash advances that small shops extend to plaintiffs in personal injury suits in return for a cut of future settlements. Mighty Group’s approach opens the door to another potential development: securitizing individual lawsuit bets for sale to other investors. “There are all the ingredients...
July 10, 2018
The development is the latest twist on the litigation funding market, which has drawn criticism for monetizing and encouraging the lawsuit culture in the U.S. The firm Soros is backing, Mighty Group, bundles cash advances that small shops extend to plaintiffs in personal injury suits in return for a cut of future settlements. Mighty Group’s approach opens the door to another potential development: securitizing individual lawsuit bets for sale to other investors. “There are all the ingredients...
SCOTX Reverses Order Denying Jefferson County Constable’s Arbitration Request
July 10, 2018
The Supreme Court of Texas has reversed an appellate court’s order based on a related case that was decided by the state’s highest court in April. In Stines v. Jefferson County, Texas, No. 17-0623 (June 15, 2018), a deputy constable, Stine, was terminated from his position in late 2014. Following termination, Stine attempted to invoke his right to arbitration pursuant to the terms of a collective bargaining agreement the Jefferson County Constables Association entered into with...
July 10, 2018
The Supreme Court of Texas has reversed an appellate court’s order based on a related case that was decided by the state’s highest court in April. In Stines v. Jefferson County, Texas, No. 17-0623 (June 15, 2018), a deputy constable, Stine, was terminated from his position in late 2014. Following termination, Stine attempted to invoke his right to arbitration pursuant to the terms of a collective bargaining agreement the Jefferson County Constables Association entered into with...
The Bleeding Edge Of Law
July 9, 2018
In the summer of 2015, David Lat invited David Perla to become an Above the Law columnist. The column, “What’s Possible”, launched in September of that year. In that column, David noted that his role at the time afforded him the opportunity think about various issues relating to the future of law, including: How can lawyers make use of data to perform their jobs? How will the development of artificial intelligence affect the practice of law? What’s possible for law students,...
July 9, 2018
In the summer of 2015, David Lat invited David Perla to become an Above the Law columnist. The column, “What’s Possible”, launched in September of that year. In that column, David noted that his role at the time afforded him the opportunity think about various issues relating to the future of law, including: How can lawyers make use of data to perform their jobs? How will the development of artificial intelligence affect the practice of law? What’s possible for law students,...
Fifth Circuit Invalidates Arbitration Agreement After Company Fails to Sign It
July 9, 2018
In a ruling that could have lawyers double-checking the signature blocks on all manner of arbitration clauses, the U.S. Court of Appeals for the Fifth Circuit has invalidated an agreement because the employer failed to sign it.
July 9, 2018
In a ruling that could have lawyers double-checking the signature blocks on all manner of arbitration clauses, the U.S. Court of Appeals for the Fifth Circuit has invalidated an agreement because the employer failed to sign it.
How Sound Can Hack Your Memory While You Sleep
July 8, 2018
Can you cram for a test while you sleep? Our intrepid neuroscientists attempt to enhance memory by running experiments on subjects while they sleep. You'll be surprised by the results.
July 8, 2018
Can you cram for a test while you sleep? Our intrepid neuroscientists attempt to enhance memory by running experiments on subjects while they sleep. You'll be surprised by the results.
The Amazing Ways Exercise Changes Your Personality
July 8, 2018
Being more physically active makes people more extraverted, conscientious, agreeable and open to new experience, new research finds. A few of the benefits of these personality changes include: Higher conscientiousness is linked to more success in life, more extraverted people experience more positive emotions, and being open to experience is linked to creativity and intelligence.
July 8, 2018
Being more physically active makes people more extraverted, conscientious, agreeable and open to new experience, new research finds. A few of the benefits of these personality changes include: Higher conscientiousness is linked to more success in life, more extraverted people experience more positive emotions, and being open to experience is linked to creativity and intelligence.
Launching Soon: ‘Text A Lawyer’ Aims To Be The Uber Of Legal Help
July 7, 2018
Slated to launch next month is a service that allows consumers to get answers to their legal questions by text for a flat price of $20. The service, called Text A Lawyer, is modeled after ride-sharing service Uber in that it uses two separate mobile apps, one for consumers to submit legal questions and another for lawyers who are in a waiting pool ready to give answers. The goal, says founder Kevin Gillespie, is to make it simple for low- and moderate-income consumers to get answers to legal...
July 7, 2018
Slated to launch next month is a service that allows consumers to get answers to their legal questions by text for a flat price of $20. The service, called Text A Lawyer, is modeled after ride-sharing service Uber in that it uses two separate mobile apps, one for consumers to submit legal questions and another for lawyers who are in a waiting pool ready to give answers. The goal, says founder Kevin Gillespie, is to make it simple for low- and moderate-income consumers to get answers to legal...
This Computer is Learning to Read Your Mind
July 7, 2018
Modern technology lets neuroscientists peer into the human brain, but can it also read minds? Armed with the device known as a electroencephalogram, or EEG, and some computing wizardry, our intrepid neuroscientists attempt to peer into a subject's thoughts.
July 7, 2018
Modern technology lets neuroscientists peer into the human brain, but can it also read minds? Armed with the device known as a electroencephalogram, or EEG, and some computing wizardry, our intrepid neuroscientists attempt to peer into a subject's thoughts.
Making a Case for Artificial Intelligence in the Legal Profession
July 6, 2018
“In the past year or so we’ve seen the legal market’s understanding of the strengths as well as limitations of AI mature in a very constructive way. What this means is that the dialogue has moved away from alarmist conversations about ‘robot lawyers’, and into the realm of how lawyers can leverage this new wave of software in their day to day workflows.” Even so, times will change: “We are currently still in the adoption phase of narrow applications of artificial intelligence in the legal...
July 6, 2018
“In the past year or so we’ve seen the legal market’s understanding of the strengths as well as limitations of AI mature in a very constructive way. What this means is that the dialogue has moved away from alarmist conversations about ‘robot lawyers’, and into the realm of how lawyers can leverage this new wave of software in their day to day workflows.” Even so, times will change: “We are currently still in the adoption phase of narrow applications of artificial intelligence in the legal...
