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Non-Signatories Succeed In Compelling Arbitration In State Courts
November 8, 2017
The high courts of two states have allowed non-signatories to compel arbitration in recent weeks. The cases show courts...
November 8, 2017
The high courts of two states have allowed non-signatories to compel arbitration in recent weeks. The cases show courts...
Trump Signs Repeals of CFPB Consumer Arbitration Rule
November 7, 2017
President Trump on Wednesday signed a repeal of the Consumer Financial Protection Bureau’s (CFPB) rule on forced arbitration, winning praise from banking and business groups. Trump approved the resolution to repeal the CFPB rule, meant to prevent banks and credit card companies from blocking customers from joining class-action lawsuits against them, in a private Oval Office signing. The House passed a resolution to repeal the rule in July, which passed the Senate two weeks ago.
November 7, 2017
President Trump on Wednesday signed a repeal of the Consumer Financial Protection Bureau’s (CFPB) rule on forced arbitration, winning praise from banking and business groups. Trump approved the resolution to repeal the CFPB rule, meant to prevent banks and credit card companies from blocking customers from joining class-action lawsuits against them, in a private Oval Office signing. The House passed a resolution to repeal the rule in July, which passed the Senate two weeks ago.
Congress Quashes CFPB Arbitration Rule: What Next?
November 7, 2017
Pencils down. (Is the modern equivalent “cursors down”?) All the attorneys who were drafting new form consumer agreements to comply with the CFPB ruleprohibiting class action waivers can now trash those documents. Pursuant to the Congressional Review Act, the Senate voted 51-50 last night (with the VP as tie-breaker) to nullify the CFPB’s rule. (The House of Representatives had cast a similar vote earlier this summer.) And President Trump has signaled he will sign the bill. But...
November 7, 2017
Pencils down. (Is the modern equivalent “cursors down”?) All the attorneys who were drafting new form consumer agreements to comply with the CFPB ruleprohibiting class action waivers can now trash those documents. Pursuant to the Congressional Review Act, the Senate voted 51-50 last night (with the VP as tie-breaker) to nullify the CFPB’s rule. (The House of Representatives had cast a similar vote earlier this summer.) And President Trump has signaled he will sign the bill. But...
How Much is a Material Issue of Fact?
November 6, 2017
The concept of a “genuine issue of material fact” is largely unquantifiable, but occasionally a case does set a quantitative landmark. In Shirey v. Wal-Mart Stores Texas, LLC, the Fifth Circuit addressed a personal injury claim asserting that a Wal-Mart store had constructive notice of a grape on the floor, holding: Photographic and video evidence demonstrate that the grape was, as the district court noted, almost invisible on the off-white floor. The evidence also fails to establish that...
November 6, 2017
The concept of a “genuine issue of material fact” is largely unquantifiable, but occasionally a case does set a quantitative landmark. In Shirey v. Wal-Mart Stores Texas, LLC, the Fifth Circuit addressed a personal injury claim asserting that a Wal-Mart store had constructive notice of a grape on the floor, holding: Photographic and video evidence demonstrate that the grape was, as the district court noted, almost invisible on the off-white floor. The evidence also fails to establish that...
A Win for Arbitration Process, A Loss for the Cowboys and Ezekiel Elliot
November 6, 2017
As a sports fan and a fan of arbitration, I have followed with interest the ongoing battles between the NFLPA and the NFL over the consequences of their unusual arbitration process. It is no surprise to those who follow arbitration that the Fifth Circuit, ruled today that the NFLPA’s attempt to circumvent the parties’ agreed arbitration process by moving for a preliminary injunction in court was premature. As some may recall, “Arbitrator” Roger Goodell issued a six game suspension to former...
November 6, 2017
As a sports fan and a fan of arbitration, I have followed with interest the ongoing battles between the NFLPA and the NFL over the consequences of their unusual arbitration process. It is no surprise to those who follow arbitration that the Fifth Circuit, ruled today that the NFLPA’s attempt to circumvent the parties’ agreed arbitration process by moving for a preliminary injunction in court was premature. As some may recall, “Arbitrator” Roger Goodell issued a six game suspension to former...
AI Legal Research Platform ROSS Gets $8.7M Series A Funding
November 5, 2017
The artificial-intelligence-driven legal research service ROSS Intelligence today announced an $8.7 million Series A funding round, adding to its earlier $4.3 million seed round. The two-year-old company will use the funding to accelerate its growth, expand its product lines, increase its capacity, and attract world-class talent to its workforce, CEO Andrew Arruda told me. This latest round was led by iNovia Capital with participation by Comcast Ventures Catalyst Fund, Y Combinator Continuity...
November 5, 2017
The artificial-intelligence-driven legal research service ROSS Intelligence today announced an $8.7 million Series A funding round, adding to its earlier $4.3 million seed round. The two-year-old company will use the funding to accelerate its growth, expand its product lines, increase its capacity, and attract world-class talent to its workforce, CEO Andrew Arruda told me. This latest round was led by iNovia Capital with participation by Comcast Ventures Catalyst Fund, Y Combinator Continuity...
Survey: Corporate Counsel Largely Uninterested or Uninformed about AI Technology
November 4, 2017
Corporate counsel generally consider themselves to be open to using new technologies in their legal departments, except when it comes to artificial intelligence technology. When it comes to AI, corporate counsel are largely uninterested or uninformed. These are among the findings of a just-published survey conducted by Thomson Reuters, Ready or Not: Artificial Intelligence and Corporate Legal Departments. The survey polled 207 in-house counsel about their current perceptions regarding the use of AI in corporate...
November 4, 2017
Corporate counsel generally consider themselves to be open to using new technologies in their legal departments, except when it comes to artificial intelligence technology. When it comes to AI, corporate counsel are largely uninterested or uninformed. These are among the findings of a just-published survey conducted by Thomson Reuters, Ready or Not: Artificial Intelligence and Corporate Legal Departments. The survey polled 207 in-house counsel about their current perceptions regarding the use of AI in corporate...
Susskind’s AI Bet: Too Far or Not Far Enough?
November 4, 2017
“I think that a lot of it is AI is the shiny new toy, so everybody’s is focused on it. There’s lot of sensationalism. Most people don’t even know what AI is, much less what it can do,” said Cohen, who is also a fellow at Northwestern University’s Pritzker School of Law and has worked as a civil trial lawyer and managing partner at Finley Kumble. “I don’t think AI is going to replace lawyers wholesale. Will it perform certain high volume, relatively low value functions that lawyers...
November 4, 2017
“I think that a lot of it is AI is the shiny new toy, so everybody’s is focused on it. There’s lot of sensationalism. Most people don’t even know what AI is, much less what it can do,” said Cohen, who is also a fellow at Northwestern University’s Pritzker School of Law and has worked as a civil trial lawyer and managing partner at Finley Kumble. “I don’t think AI is going to replace lawyers wholesale. Will it perform certain high volume, relatively low value functions that lawyers...
Citing Failure to Cooperate, Court Orders Use of Specific Keyword Search Terms
November 3, 2017
Indicating that this case presented “the question of how parties should search and produce [ESI] in response to discovery requests,” the Court reminded the parties that “[t]he best solution in the entire area of electronic discovery is cooperation among counsel” and that “[c]ooperation prevents lawyers designing keyword searches ‘in the dark, by the seat of the pants,’ without adequate discussion with each other to determine which words would yield the most responsive results.” In the present...
November 3, 2017
Indicating that this case presented “the question of how parties should search and produce [ESI] in response to discovery requests,” the Court reminded the parties that “[t]he best solution in the entire area of electronic discovery is cooperation among counsel” and that “[c]ooperation prevents lawyers designing keyword searches ‘in the dark, by the seat of the pants,’ without adequate discussion with each other to determine which words would yield the most responsive results.” In the present...
CFPB Arbitration Rule Overturned
November 3, 2017
This summer, I reported the news that after much study, the Consumer Financial Protection Bureau (CFPB) had issued its arbitration...
November 3, 2017
This summer, I reported the news that after much study, the Consumer Financial Protection Bureau (CFPB) had issued its arbitration...
