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LexShares Launches Investment Fund for Commercial Lawsuits
September 9, 2017
A financial technology startup based in New York and Boston is launching a new fund to pay for commercial lawsuits with the promise big returns if the suits are successful. LexShares Inc., a startup based in New York and Boston, on Thursday announced its first LexShares Marketplace Fund, which collects money from investors and puts it behind a portfolio of lawsuits the company thinks are likely to succeed. If the plaintiffs win, either through a settlement or a court decision, part of the payout...
September 9, 2017
A financial technology startup based in New York and Boston is launching a new fund to pay for commercial lawsuits with the promise big returns if the suits are successful. LexShares Inc., a startup based in New York and Boston, on Thursday announced its first LexShares Marketplace Fund, which collects money from investors and puts it behind a portfolio of lawsuits the company thinks are likely to succeed. If the plaintiffs win, either through a settlement or a court decision, part of the payout...
America, Home of the Transactional Marriage
September 8, 2017
From the Atlantic: Over the last several decades, the proportion of Americans who get married has greatly diminished—a development known as well to those who lament marriage’s decline as those who take issue with it as an institution. But a development that’s much newer is that the demographic now leading the shift away from tradition is Americans without college degrees—who just a few decades ago were much more likely to be married by the age of 30 than college graduates were. Today,...
September 8, 2017
From the Atlantic: Over the last several decades, the proportion of Americans who get married has greatly diminished—a development known as well to those who lament marriage’s decline as those who take issue with it as an institution. But a development that’s much newer is that the demographic now leading the shift away from tradition is Americans without college degrees—who just a few decades ago were much more likely to be married by the age of 30 than college graduates were. Today,...
Empirical Efficacy of Doctor Apologies
September 8, 2017
While parents may teach their children to apologize to someone whom they have mistakenly harmed, as a general rule (owing to evidentiary rules) attorneys do not usually proffer similar advice to clients (defendants) confronting civil litigation. Partly in an effort to more closely align legal rules to better align with what many moms and dads demand from kids, in the medical malpractice context a growing number of states have adopted "apology laws." "The basic rationale behind apology laws is that...
September 8, 2017
While parents may teach their children to apologize to someone whom they have mistakenly harmed, as a general rule (owing to evidentiary rules) attorneys do not usually proffer similar advice to clients (defendants) confronting civil litigation. Partly in an effort to more closely align legal rules to better align with what many moms and dads demand from kids, in the medical malpractice context a growing number of states have adopted "apology laws." "The basic rationale behind apology laws is that...
Comparing the Effects of Judges’ Gender and Arbitrators’ Gender in Sex Discrimination Cases and Why It Matters
September 8, 2017
Pat K. Chew, Judge J. Quint Salmon & Anne Salmon Chaired Professor at the University of Pittsburgh School of Law, has published an interesting article titled “Comparing the Effects of Judges’ Gender and Arbitrators’ Gender in Sex Discrimination Cases and Why It Matters,” Ohio State Journal on Dispute Resolution, Vol. 32, p. 195, 2017; University of Pittsburgh Legal Studies Research Paper No. 2017-21. In her journal article, Professor Chew discusses the results of her research regarding...
September 8, 2017
Pat K. Chew, Judge J. Quint Salmon & Anne Salmon Chaired Professor at the University of Pittsburgh School of Law, has published an interesting article titled “Comparing the Effects of Judges’ Gender and Arbitrators’ Gender in Sex Discrimination Cases and Why It Matters,” Ohio State Journal on Dispute Resolution, Vol. 32, p. 195, 2017; University of Pittsburgh Legal Studies Research Paper No. 2017-21. In her journal article, Professor Chew discusses the results of her research regarding...
Non-Compete Applies To Facebook Page for Unlaunched Business in Pennsylvania
September 7, 2017
This is another case where the defendant allegedly solicits customers or employees over social media in the face of a restrictive covenant. We recently blogged a couple of cases involving solicitations over LinkedIn. This case involves solicitations over Facebook. O’Laughlin sold his vet clinic to Joseph. The sale agreement contained a non-compete clause that prohibited him from opening a clinic or soliciting patients or employees within 50 miles of the location he sold. The covenant was valid...
September 7, 2017
This is another case where the defendant allegedly solicits customers or employees over social media in the face of a restrictive covenant. We recently blogged a couple of cases involving solicitations over LinkedIn. This case involves solicitations over Facebook. O’Laughlin sold his vet clinic to Joseph. The sale agreement contained a non-compete clause that prohibited him from opening a clinic or soliciting patients or employees within 50 miles of the location he sold. The covenant was valid...
Un-Vacated: Nevada Supreme Court Confirms $6.7M Franchise Arbitration Award
September 7, 2017
In a decision that is very skinny on the facts, a unanimous Nevada Supreme Court recently un-vacated a significant arbitration award in a dispute over dental franchises. In Half Dental Franchise, LLC v. Houchin, 2017 WL 3326425 (Nev. Aug. 3, 2017), the court found the arbitrators did not exceed their power in exercising authority over non-signatories. The dispute began when Half Dental Franchise filed an arbitration demand against Precision Dental Professionals and Robert Houchin (among others)....
September 7, 2017
In a decision that is very skinny on the facts, a unanimous Nevada Supreme Court recently un-vacated a significant arbitration award in a dispute over dental franchises. In Half Dental Franchise, LLC v. Houchin, 2017 WL 3326425 (Nev. Aug. 3, 2017), the court found the arbitrators did not exceed their power in exercising authority over non-signatories. The dispute began when Half Dental Franchise filed an arbitration demand against Precision Dental Professionals and Robert Houchin (among others)....
5th Circuit Upholds Class Waiver Without an Arbitration Agreement
September 7, 2017
In a 2-1 decision, the United States Court of Appeals for the Fifth Circuit has overturned a National Labor Relations Board (“NLRB”)...
September 7, 2017
In a 2-1 decision, the United States Court of Appeals for the Fifth Circuit has overturned a National Labor Relations Board (“NLRB”)...
Why We Forget Names (But Not Faces)
September 6, 2017
“I never forget a face,” Groucho Marx famously said. (“But in your case I’ll make an exception,” went the punchline.) Groucho’s memory for faces may be legendary, but it’s really not that extraordinary. In fact, humans are quite good at recognizing faces they’ve seen before. And there’s an evolutionary reason for this. Not only humans but also many other social animals recognize their group mates by their faces. We even have dedicated machinery in the brain for processing...
September 6, 2017
“I never forget a face,” Groucho Marx famously said. (“But in your case I’ll make an exception,” went the punchline.) Groucho’s memory for faces may be legendary, but it’s really not that extraordinary. In fact, humans are quite good at recognizing faces they’ve seen before. And there’s an evolutionary reason for this. Not only humans but also many other social animals recognize their group mates by their faces. We even have dedicated machinery in the brain for processing...
On-line Arbitration Agreements: A Tale of Two “Click Wraps”
September 6, 2017
What makes an on-line arbitration agreement binding against a website user? In Meyer v. Uber Technologies, Inc., 2017 U.S. App. LEXIS 15497 (2d Cir. Aug. 17, 2017), the U.S. Court of Appeals for the Second Circuit issued a second decision on this issue, providing additional elucidation following its 2016 decision in Nicosia v. Amazon, Inc. 834 F.3d 220 (2d Cir. Aug. 24, 2016).The Nicosia and Meyer cases each involved an on-line agreement with a user who claimed not to have read the company’s...
September 6, 2017
What makes an on-line arbitration agreement binding against a website user? In Meyer v. Uber Technologies, Inc., 2017 U.S. App. LEXIS 15497 (2d Cir. Aug. 17, 2017), the U.S. Court of Appeals for the Second Circuit issued a second decision on this issue, providing additional elucidation following its 2016 decision in Nicosia v. Amazon, Inc. 834 F.3d 220 (2d Cir. Aug. 24, 2016).The Nicosia and Meyer cases each involved an on-line agreement with a user who claimed not to have read the company’s...
NLRB Files Responsive Brief in Murphy Oil Case
September 6, 2017
In October, the United States Supreme Court will hear oral argument in the consolidated cases of National Labor Relations Board v. Murphy Oil USA, No. 16-307 (5th Cir., October 26, 2015), Epic Systems Corp. v. Lewis, No. 16-285 (7th Cir., May 26, 2016), and Ernst & Young LLP v. Morris, No. 16-300 (9th Cir., August 22, 2016). The cases present a split among circuits regarding whether a collective action ban included in an employment contract violates the National Labor Relations Act (“NLRA”). Last...
September 6, 2017
In October, the United States Supreme Court will hear oral argument in the consolidated cases of National Labor Relations Board v. Murphy Oil USA, No. 16-307 (5th Cir., October 26, 2015), Epic Systems Corp. v. Lewis, No. 16-285 (7th Cir., May 26, 2016), and Ernst & Young LLP v. Morris, No. 16-300 (9th Cir., August 22, 2016). The cases present a split among circuits regarding whether a collective action ban included in an employment contract violates the National Labor Relations Act (“NLRA”). Last...
