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An Empirical Study of Parallel Derivative Suits
November 13, 2017
Using a sample of all companies named as defendants in securities class actions between July 1, 2005 and December 31, 2008, we study parallel suits relying on state corporate law arising out of the same allegations as the securities class actions. We test several ways that parallel suits may add value to a securities class action. Most parallel suits target cases involving obvious indicia of wrongdoing. Moreover, we find that although a modest percentage of parallel suits are filed first, over 80 percent...
November 13, 2017
Using a sample of all companies named as defendants in securities class actions between July 1, 2005 and December 31, 2008, we study parallel suits relying on state corporate law arising out of the same allegations as the securities class actions. We test several ways that parallel suits may add value to a securities class action. Most parallel suits target cases involving obvious indicia of wrongdoing. Moreover, we find that although a modest percentage of parallel suits are filed first, over 80 percent...
Trinity University’s Business Analytics and Technology Program Surging to Match World’s “Data Science” Boom
November 12, 2017
The terms “data science” or “analytics,” in a basic sense, describe the process of obtaining actionable insights...
November 12, 2017
The terms “data science” or “analytics,” in a basic sense, describe the process of obtaining actionable insights...
Choice Architecture Versus Price: Comparing the Effects of Changes in the U.S. Student Loan Market
November 12, 2017
We show that changes in choice architecture have a large effect on student loan decisions while we do not find significant effects of sizeable interest rate changes. We evaluate the effect of two polices implemented in 2010 by the U.S. Department of Education: (1) the requirement that all applicants for private student loans fill out a Self-Certification Form, which includes various disclosures about federal student aid, and (2) the prohibition of presenting a private student loan as a default option...
November 12, 2017
We show that changes in choice architecture have a large effect on student loan decisions while we do not find significant effects of sizeable interest rate changes. We evaluate the effect of two polices implemented in 2010 by the U.S. Department of Education: (1) the requirement that all applicants for private student loans fill out a Self-Certification Form, which includes various disclosures about federal student aid, and (2) the prohibition of presenting a private student loan as a default option...
A Study of More Than 350 Law Firms Reveals How to Increase Billings an Average of 13%
November 11, 2017
An attorney charging $250 an hour will bill nearly $47,000 more this year, on average, by using an integrated technology solution across all functions – from practice management to research to billing – than if they use standalone platforms for each. These are results of three Blue Hill Research studies that analyzed more than 350 small law firms specializing in litigation, general practice, and business law. The studies compared firms that use technology with those that have taken adoption...
November 11, 2017
An attorney charging $250 an hour will bill nearly $47,000 more this year, on average, by using an integrated technology solution across all functions – from practice management to research to billing – than if they use standalone platforms for each. These are results of three Blue Hill Research studies that analyzed more than 350 small law firms specializing in litigation, general practice, and business law. The studies compared firms that use technology with those that have taken adoption...
“False Start” in Ezekiel Elliott Appeal
November 11, 2017
In a 2-1 decision, the Fifth Circuit found that Ezekiel Elliott failed to exhaust remedies within the NFL’s dispute-resolution process before filing suit, meaning that the federal courts lacked subject matter jurisdiction over his complaints. A dissent found a sufficient question about the adequacy of the process to justify the exercise of jurisdiction under the relevant authorities. NFLPA v. NFL, No. 17-40936 (Oct. 12, 2017). While of enormous interest to Cowboys fans, so far as arbitration...
November 11, 2017
In a 2-1 decision, the Fifth Circuit found that Ezekiel Elliott failed to exhaust remedies within the NFL’s dispute-resolution process before filing suit, meaning that the federal courts lacked subject matter jurisdiction over his complaints. A dissent found a sufficient question about the adequacy of the process to justify the exercise of jurisdiction under the relevant authorities. NFLPA v. NFL, No. 17-40936 (Oct. 12, 2017). While of enormous interest to Cowboys fans, so far as arbitration...
FINRA Seeks Comment on Non-Attorney Representation in FINRA Arbitration
November 10, 2017
Virtually all customers of FINRA-registered broker-dealer firms (in essence, all broker-dealers) are required to arbitrate their disputes with those firms and their associated persons. Many of those disputes are required to be arbitrated in the FINRA Dispute Resolution forum. Currently, FINRA permits parties to be represented by non-attorneys (NAR) (subject to a few restrictions such as if state law prohibits it or if the person is currently suspended or barred from the practice of law or the securities...
November 10, 2017
Virtually all customers of FINRA-registered broker-dealer firms (in essence, all broker-dealers) are required to arbitrate their disputes with those firms and their associated persons. Many of those disputes are required to be arbitrated in the FINRA Dispute Resolution forum. Currently, FINRA permits parties to be represented by non-attorneys (NAR) (subject to a few restrictions such as if state law prohibits it or if the person is currently suspended or barred from the practice of law or the securities...
Enforcing Nursing Home Arbitration Agreements Post-Kindred
November 10, 2017
Just five months ago, the U.S. Supreme Court weighed in on a nursing home arbitration dispute in Kindred Nursing Centers v. Clark. It held that the Kentucky supreme court’s rationale for not enforcing the arbitration agreement was preempted by the Federal Arbitration Act. Before that, multiple state courts had found state law bases for refusing to enforce arbitration agreements in nursing home agreements. So, what is a state high court to do post-Kindred? Wyoming did the logical thing:...
November 10, 2017
Just five months ago, the U.S. Supreme Court weighed in on a nursing home arbitration dispute in Kindred Nursing Centers v. Clark. It held that the Kentucky supreme court’s rationale for not enforcing the arbitration agreement was preempted by the Federal Arbitration Act. Before that, multiple state courts had found state law bases for refusing to enforce arbitration agreements in nursing home agreements. So, what is a state high court to do post-Kindred? Wyoming did the logical thing:...
Lessons From the ABA’s Excellent Report on Mediator Techniques
November 9, 2017
The ABA Section of Dispute Resolution Task Force on Research on Mediator Techniques recently released an excellent report really worth reading. It should be of value to anyone interested in mediation. It also provides useful lessons about what we can learn about ADR from empirical research. The Task Force identified 47 studies from the past four decades with empirical data analyzing effects of particular mediator actions on certain mediation outcomes. Eight of these studies...
November 9, 2017
The ABA Section of Dispute Resolution Task Force on Research on Mediator Techniques recently released an excellent report really worth reading. It should be of value to anyone interested in mediation. It also provides useful lessons about what we can learn about ADR from empirical research. The Task Force identified 47 studies from the past four decades with empirical data analyzing effects of particular mediator actions on certain mediation outcomes. Eight of these studies...
Courts Lose Jurisdiction To Vacate Arbitration Award After Three Months
November 9, 2017
The Nebraska Supreme Court recently had the unenviable task of determining whether the three month time period that the FAA provides for vacating an arbitration award is a statute of limitation (subject to tolling) or is jurisdictional. In Karo v. Nau Country Ins. Co., 2017 WL 4185426 (Neb. Sept. 22, 2017), it found that the time periods for both confirming and vacating awards are jurisdictional.
November 9, 2017
The Nebraska Supreme Court recently had the unenviable task of determining whether the three month time period that the FAA provides for vacating an arbitration award is a statute of limitation (subject to tolling) or is jurisdictional. In Karo v. Nau Country Ins. Co., 2017 WL 4185426 (Neb. Sept. 22, 2017), it found that the time periods for both confirming and vacating awards are jurisdictional.
Key Takeaways as Lawyers Hear Business Case for Artificial Intelligence
November 8, 2017
For some lawyers, artificial intelligence boils down to fears that robots will take over their jobs. But AI offers opportunities for firms that are proactive about incorporating the technology into the services they offer clients. And those who ignore it risk getting outpaced by the competition. That was the message of the College of Law Practice Management’s conference this year on the future of law. About 125 lawyers and legal operations professionals converged on Atlanta for the annual...
November 8, 2017
For some lawyers, artificial intelligence boils down to fears that robots will take over their jobs. But AI offers opportunities for firms that are proactive about incorporating the technology into the services they offer clients. And those who ignore it risk getting outpaced by the competition. That was the message of the College of Law Practice Management’s conference this year on the future of law. About 125 lawyers and legal operations professionals converged on Atlanta for the annual...
