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U.S. Supreme Court Sides With Employers Over Class Arbitration Waivers
May 22, 2018
The United States Supreme Court has finally decided whether a collective action ban included in an employer’s arbitration...
May 22, 2018
The United States Supreme Court has finally decided whether a collective action ban included in an employer’s arbitration...
Supreme Court Backs Federal Arbitration Act’s Power to Require Mandatory Individual Arbitration
May 21, 2018
The U.S. Supreme Court this morning has affirmed the ability of companies to use mandatory arbitration clauses in employment...
May 21, 2018
The U.S. Supreme Court this morning has affirmed the ability of companies to use mandatory arbitration clauses in employment...
SCOTUS: FAA Controls and Overrides NLRA
May 21, 2018
In each of these cases, an employer and employee entered into a contract providing for individualized arbitration proceedings to resolve employment disputes between the parties. Each employee nonetheless sought to litigate Fair Labor Standards Act and related state law claims through class or collective actions in federal court. Although the Federal Arbitration Act generally requires courts to enforce arbitration agreements as written, the employees argued that its “saving clause” removes this...
May 21, 2018
In each of these cases, an employer and employee entered into a contract providing for individualized arbitration proceedings to resolve employment disputes between the parties. Each employee nonetheless sought to litigate Fair Labor Standards Act and related state law claims through class or collective actions in federal court. Although the Federal Arbitration Act generally requires courts to enforce arbitration agreements as written, the employees argued that its “saving clause” removes this...
Must Your Dispute Be Arbitrated? You May Be Entitled to Discovery to Find Out
May 21, 2018
In a proceeding under the Federal Arbitration Act (“FAA”) to determine if a dispute must be arbitrated, a federal district...
May 21, 2018
In a proceeding under the Federal Arbitration Act (“FAA”) to determine if a dispute must be arbitrated, a federal district...
Report: Pharmaceutical Patent Litigation Increased Nearly 30 Percent In 2017
May 21, 2018
In the two-year period ending December 31, 2017, there were 741 Abbreviated New Drug Application (ANDA) patent litigation...
May 21, 2018
In the two-year period ending December 31, 2017, there were 741 Abbreviated New Drug Application (ANDA) patent litigation...
Ex Machina: Analytical platforms, Law and the Challenges of Computational Legal Science
May 20, 2018
Abstract: Over the years, computation has become a fundamental part of the scientific practice in several research fields that goes far beyond the boundaries of natural sciences. Data mining, machine learning, simulations and other computational methods lie today at the hearth of the scientific endeavour in a growing number of social research areas from anthropology to economics. In this scenario, an increasingly important role is played by analytical platforms: integrated environments allowing researchers...
May 20, 2018
Abstract: Over the years, computation has become a fundamental part of the scientific practice in several research fields that goes far beyond the boundaries of natural sciences. Data mining, machine learning, simulations and other computational methods lie today at the hearth of the scientific endeavour in a growing number of social research areas from anthropology to economics. In this scenario, an increasingly important role is played by analytical platforms: integrated environments allowing researchers...
Baseball Arbitration to Resolve International Law Disputes: Hit or Miss?
May 20, 2018
Joost Pauwelyn, Professor of International Law at the Graduate Institute of International and Development Studies (IHEID) in Geneva, Switzerland, Co-Director of the Institute’s Centre for Trade and Economic Integration (CTEI), and Visiting Professor at Georgetown University Law Center in Washington, DC, has published “Baseball Arbitration to Resolve International Law Disputes: Hit or Miss?” Florida Tax Review, Vol. 22, 2018. In his journal article, Professor Pauwelyn proposes...
May 20, 2018
Joost Pauwelyn, Professor of International Law at the Graduate Institute of International and Development Studies (IHEID) in Geneva, Switzerland, Co-Director of the Institute’s Centre for Trade and Economic Integration (CTEI), and Visiting Professor at Georgetown University Law Center in Washington, DC, has published “Baseball Arbitration to Resolve International Law Disputes: Hit or Miss?” Florida Tax Review, Vol. 22, 2018. In his journal article, Professor Pauwelyn proposes...
Largest Litigation Finance Firm Builds Out Team
May 19, 2018
Burford Capital — the largest litigation finance firm by assets under management — has hired two new managing directors focused on deal sourcing and marketing, the firm announced Monday. David Perla and Greg McPolin began at the New York City-based Burford Capital on Monday. Both previously worked at Pangea3, a legal process outsourcer that Perla founded in 2004. At Burford, he has been tasked with overseeing deal origination and marketing globally. Litigation finance, a fairly young investment...
May 19, 2018
Burford Capital — the largest litigation finance firm by assets under management — has hired two new managing directors focused on deal sourcing and marketing, the firm announced Monday. David Perla and Greg McPolin began at the New York City-based Burford Capital on Monday. Both previously worked at Pangea3, a legal process outsourcer that Perla founded in 2004. At Burford, he has been tasked with overseeing deal origination and marketing globally. Litigation finance, a fairly young investment...
Law Students Benefit From ‘Brain Training,’ Study Finds
May 19, 2018
Here is another article on Texas tech's "brain training" program: Law Com, Law Students Benefit From 'Brain Training,' Study Finds. (or here) "Texas Tech law students were better able to synthesize cases and apply legal concepts broadly after undergoing 'brain training' during orientation." "Texas Tech launched the pilot in the fall of 2015 in partnership with the Dallas-based Center for Brain Health. During orientation, the new students learned about basic neuroscience concepts and the role...
May 19, 2018
Here is another article on Texas tech's "brain training" program: Law Com, Law Students Benefit From 'Brain Training,' Study Finds. (or here) "Texas Tech law students were better able to synthesize cases and apply legal concepts broadly after undergoing 'brain training' during orientation." "Texas Tech launched the pilot in the fall of 2015 in partnership with the Dallas-based Center for Brain Health. During orientation, the new students learned about basic neuroscience concepts and the role...
Rethinking the Law of Legal Negotiation: Confidentiality Under Federal Rule of Evidence 408 and Related State Laws
May 18, 2018
Federal Rule of Evidence 408 and related state laws are among the most important rules to implement the national policy favoring the settlement of legal disputes. These rules bar the introduction of statements made during negotiations leading to the resolution of legal disputes. However, comprehensive analysis of the rule’s text, doctrinal history, and modern context demonstrates that the rule no longer meets its noble goals. Rather, the rule has evolved textually from a remarkably narrow and complex...
May 18, 2018
Federal Rule of Evidence 408 and related state laws are among the most important rules to implement the national policy favoring the settlement of legal disputes. These rules bar the introduction of statements made during negotiations leading to the resolution of legal disputes. However, comprehensive analysis of the rule’s text, doctrinal history, and modern context demonstrates that the rule no longer meets its noble goals. Rather, the rule has evolved textually from a remarkably narrow and complex...
