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Article on The Identification of Fiduciary Relationships
March 23, 2018
Paul B. Miller recently posted an Article entitled, The Identification of Fiduciary Relationships, Wills, Trusts, & Estates Law eJournal (2018). Provided below is an abstract of the Article: This chapter in the forthcoming Oxford Handbook of Fiduciary Law provides synthetic analysis of the law on fiduciary relationships, focusing on the identification of fiduciary relationships and fiduciary relationship formation and termination. The chapter discusses status- and fact-based methods of identifying...
March 23, 2018
Paul B. Miller recently posted an Article entitled, The Identification of Fiduciary Relationships, Wills, Trusts, & Estates Law eJournal (2018). Provided below is an abstract of the Article: This chapter in the forthcoming Oxford Handbook of Fiduciary Law provides synthetic analysis of the law on fiduciary relationships, focusing on the identification of fiduciary relationships and fiduciary relationship formation and termination. The chapter discusses status- and fact-based methods of identifying...
Negotiation Via Text Messaging
March 22, 2018
Noam Ebner, Professor of Negotiation and Conflict Resolution at Creighton University Graduate School’s Department of Interdisciplinary Studies, has written a timely book chapter titled, “Negotiation Via Text Messaging,” in Honeyman, C. & Schneider, A.K. (eds.) The Negotiator’s Desk Reference. St Paul: DRI Press. In his publication, Professor Ebner addresses potential pitfalls and benefits related to using text messaging in order to conduct certain negotiations. Here is the abstract: “Never!”...
March 22, 2018
Noam Ebner, Professor of Negotiation and Conflict Resolution at Creighton University Graduate School’s Department of Interdisciplinary Studies, has written a timely book chapter titled, “Negotiation Via Text Messaging,” in Honeyman, C. & Schneider, A.K. (eds.) The Negotiator’s Desk Reference. St Paul: DRI Press. In his publication, Professor Ebner addresses potential pitfalls and benefits related to using text messaging in order to conduct certain negotiations. Here is the abstract: “Never!”...
“Gaming the System” Does Not Substantially Invoke the Judicial Process
March 21, 2018
Hiawatha Henry, Addie Harris, Montray Norris, and Roosevelt Coleman, Jr. (referred to as "the Borrowing Parties") received payday loans from Cash Biz. Each of the Borrowing Parties gave Cash Biz post-dated checks, and signed arbitration agreements that contained a class-action waiver. Cash Biz tried to cash the post-dated checks after the Borrowing Parties defaulted, but the checks bounced. The district attorney filed criminal charges against the Borrowing Parties after receiving information from...
March 21, 2018
Hiawatha Henry, Addie Harris, Montray Norris, and Roosevelt Coleman, Jr. (referred to as "the Borrowing Parties") received payday loans from Cash Biz. Each of the Borrowing Parties gave Cash Biz post-dated checks, and signed arbitration agreements that contained a class-action waiver. Cash Biz tried to cash the post-dated checks after the Borrowing Parties defaulted, but the checks bounced. The district attorney filed criminal charges against the Borrowing Parties after receiving information from...
5th Circuit Affirms Order Denying Motion for Vacatur of Arbitration Panel’s Unanimous Decision in $586 Million Louisiana Barrier Islands Case
March 21, 2018
In an unpublished opinion, the United States Court of Appeals for the Fifth Circuit has upheld a district court’s decision refusing to vacate an arbitration panel’s unanimous order. In Louisiana Department of Natural Resources through the Coastal Protection Restoration Authority v. FEMA, No. 17-30140 (5th Cir., January 29, 2018), the Louisiana Department of Natural Resources (“LDNR”) filed a request for $586 million with the Federal Emergency Management Agency (“FEMA”) in order to restore...
March 21, 2018
In an unpublished opinion, the United States Court of Appeals for the Fifth Circuit has upheld a district court’s decision refusing to vacate an arbitration panel’s unanimous order. In Louisiana Department of Natural Resources through the Coastal Protection Restoration Authority v. FEMA, No. 17-30140 (5th Cir., January 29, 2018), the Louisiana Department of Natural Resources (“LDNR”) filed a request for $586 million with the Federal Emergency Management Agency (“FEMA”) in order to restore...
What’s So Hot About Texas? For Law Firms, Apparently Everything
March 20, 2018
The state's strong energy sector and booming economy are luring out-of-state law firms looking to boost business. “It’s been going on for 20 years, but all of a sudden the out-of-state firms have finally recognized the state’s incredibly vibrant and growing business opportunities and are trying to position themselves to take advantage of them,” said bankruptcy and restructuring lawyer Joe Wielebinski, who recently moved to Winstead’s Dallas office from Munsch Hardt Kopf & Harr. Less...
March 20, 2018
The state's strong energy sector and booming economy are luring out-of-state law firms looking to boost business. “It’s been going on for 20 years, but all of a sudden the out-of-state firms have finally recognized the state’s incredibly vibrant and growing business opportunities and are trying to position themselves to take advantage of them,” said bankruptcy and restructuring lawyer Joe Wielebinski, who recently moved to Winstead’s Dallas office from Munsch Hardt Kopf & Harr. Less...
FINRA Releases New Report Regarding Unpaid Arbitration Awards
March 20, 2018
Yesterday, the Financial Industry Regulatory Authority (“FINRA”) published a report stating between 22 and 30 percent of arbitration awards issued through the organization’s forum went unpaid between 2010 and 2016. In addition, as much as 50 percent of the value of FINRA awards were not paid during the same time period. According to a FINRA news release titled, “Statistics on Unpaid Customer Awards in FINRA Arbitration”: Arbitration cases decided by award in the forum operated...
March 20, 2018
Yesterday, the Financial Industry Regulatory Authority (“FINRA”) published a report stating between 22 and 30 percent of arbitration awards issued through the organization’s forum went unpaid between 2010 and 2016. In addition, as much as 50 percent of the value of FINRA awards were not paid during the same time period. According to a FINRA news release titled, “Statistics on Unpaid Customer Awards in FINRA Arbitration”: Arbitration cases decided by award in the forum operated...
SCOTUS Declines to Hear Arbitration Dispute Over Texas Wind Energy Contract
March 19, 2018
The Supreme Court of the United States has declined to consider a Fifth Circuit Court of Appeals panel’s decision stating the Western District of Texas should not have compelled arbitration in a wind energy dispute because the parties’ case was not ripe for arbitration. In Lower Colorado River Authority v. Papalote Creek II, LLC, No. 17-785, the Lower Colorado River Authority (“LCRA”) entered into an agreement to purchase wind energy from Papalote Creek. According to a previous Disputing blog...
March 19, 2018
The Supreme Court of the United States has declined to consider a Fifth Circuit Court of Appeals panel’s decision stating the Western District of Texas should not have compelled arbitration in a wind energy dispute because the parties’ case was not ripe for arbitration. In Lower Colorado River Authority v. Papalote Creek II, LLC, No. 17-785, the Lower Colorado River Authority (“LCRA”) entered into an agreement to purchase wind energy from Papalote Creek. According to a previous Disputing blog...
Intrinsic Factors Influencing Decision Making of Arbitrators in Dispute Resolution of Variation Claims
March 19, 2018
Occurrence of disputes is a common feature in construction contracts. Adjudication of disputes through the arbitration process...
March 19, 2018
Occurrence of disputes is a common feature in construction contracts. Adjudication of disputes through the arbitration process...
Will AI Replace Lawyers and Litigation Funders?
March 18, 2018
Developments in legal technology are allowing for a deeper analysis of court decisions, including how specific judges tend to rule, whether certain motions are accepted or denied, and the specific information contained in dockets or rendered decisions which can then be utilized in case strategy. Such information has always been available, but has never before been compiled and analyzed into a single data set. However legal research and analytics firms such as Ravel Law, Lex Machina and others are spearheading...
March 18, 2018
Developments in legal technology are allowing for a deeper analysis of court decisions, including how specific judges tend to rule, whether certain motions are accepted or denied, and the specific information contained in dockets or rendered decisions which can then be utilized in case strategy. Such information has always been available, but has never before been compiled and analyzed into a single data set. However legal research and analytics firms such as Ravel Law, Lex Machina and others are spearheading...
The Law Firm Disrupted: What Does Litigation Finance Do for Big Law’s Capital Cravings?
March 18, 2018
Burford Capital's big income and profit figures could give managing partners room to maneuver. In the big picture, bringing finance to an entire industry is the kind of untapped market that could justify the kinds of money investors have piled into litigation funding in recent months. Burford isn’t the only one with a war chest: A Financial Times story late last year estimated that something like £70 billion in capital was available for litigation finance. That article also notes that...
March 18, 2018
Burford Capital's big income and profit figures could give managing partners room to maneuver. In the big picture, bringing finance to an entire industry is the kind of untapped market that could justify the kinds of money investors have piled into litigation funding in recent months. Burford isn’t the only one with a war chest: A Financial Times story late last year estimated that something like £70 billion in capital was available for litigation finance. That article also notes that...
