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NLRB Directs Regional Offices to Informally Settle Pending Cases Involving Class Waivers in an Employer’s Arbitration Agreement
February 28, 2017
Last month, the National Labor Relations Board (“NLRB”) issued a memo directing the agency’s regional offices to informally...
February 28, 2017
Last month, the National Labor Relations Board (“NLRB”) issued a memo directing the agency’s regional offices to informally...
SCOTX Refuses to Reconsider Patent Company’s Request to Vacate Arbitrator’s $3 Million Legal Fees Award
February 28, 2017
The Supreme Court of Texas has once again declined to consider a company’s request to vacate an arbitrator’s award in a legal fees dispute. In Parallel Networks, Inc. v. Jenner & Block, LLP, No. 16-0080, Jenner & Block was retained to represent a patent-holding company in a patent enforcement action that was filed against software giant Oracle. The contingent fee relationship, however, did not continue through to the conclusion of the case. After losing a motion for summary judgment,...
February 28, 2017
The Supreme Court of Texas has once again declined to consider a company’s request to vacate an arbitrator’s award in a legal fees dispute. In Parallel Networks, Inc. v. Jenner & Block, LLP, No. 16-0080, Jenner & Block was retained to represent a patent-holding company in a patent enforcement action that was filed against software giant Oracle. The contingent fee relationship, however, did not continue through to the conclusion of the case. After losing a motion for summary judgment,...
Supreme Court Delays Oral Arguments Regarding Employment ‘Class Arbitration’ Waivers
February 28, 2017
On February 8, 2017, the Supreme Court announced that it would delay until its October 2017 term oral arguments in the consolidated cases concerning the enforceability of class arbitration waivers in employment agreements. (This updates our Blogpost dated Jan. 31, 2017.) Many anticipate that Judge Gorsuch will have been confirmed by the Senate by then, which likely explains the Supreme Court’s decision to delay oral argument. Because the Court granted certiorari based upon a Circuit...
February 28, 2017
On February 8, 2017, the Supreme Court announced that it would delay until its October 2017 term oral arguments in the consolidated cases concerning the enforceability of class arbitration waivers in employment agreements. (This updates our Blogpost dated Jan. 31, 2017.) Many anticipate that Judge Gorsuch will have been confirmed by the Senate by then, which likely explains the Supreme Court’s decision to delay oral argument. Because the Court granted certiorari based upon a Circuit...
Law Society Calls on Law Firms to Embrace New Legal Tech and AI
February 27, 2017
The Law Society of England & Wales has stated that it wants to help law firms adopt the latest legal technologies, including AI, as well as invest in start-ups, in a report published this week titled ‘Capturing Technological Innovation in Legal Services’. The report, which looked at where the current state of legal technology is, gives a broad and eclectic overview of what various interviewees think. But, perhaps the most interesting aspect is the Law Society’s determination to play...
February 27, 2017
The Law Society of England & Wales has stated that it wants to help law firms adopt the latest legal technologies, including AI, as well as invest in start-ups, in a report published this week titled ‘Capturing Technological Innovation in Legal Services’. The report, which looked at where the current state of legal technology is, gives a broad and eclectic overview of what various interviewees think. But, perhaps the most interesting aspect is the Law Society’s determination to play...
Dallas COA Orders AdvoCare Employment Dispute to Arbitration
February 27, 2017
Texas’ Fifth District Court of Appeals in Dallas has ordered a former AdvoCare board member to arbitrate his claims against the company. In AdvoCare GP, LLC, et al. v. Heath, No. 05-16-00409-CV (Tex.-App.—Dallas, Jan. 5, 2017), Richard Heath was hired to act as a board member for a nutrition company, AdvoCare, in June 2015. As part of the hiring process, Heath was required to sign a non-disclosure agreement that included a binding arbitration clause. A little more than one month later,...
February 27, 2017
Texas’ Fifth District Court of Appeals in Dallas has ordered a former AdvoCare board member to arbitrate his claims against the company. In AdvoCare GP, LLC, et al. v. Heath, No. 05-16-00409-CV (Tex.-App.—Dallas, Jan. 5, 2017), Richard Heath was hired to act as a board member for a nutrition company, AdvoCare, in June 2015. As part of the hiring process, Heath was required to sign a non-disclosure agreement that included a binding arbitration clause. A little more than one month later,...
Employers Hold Their Collective Breath on the Enforceability of “Class Action” Waivers in Arbitration Agreements
February 27, 2017
The Supreme Court is currently set to answer the question of whether employees must be permitted, if they choose, to pursue relief collectively in an arbitration proceeding. Is that “concerted activity” that is protected by the National Labor Relations Act, and does that statutory provision supervene the provisions of the Federal Arbitration Act and the right to contract freely? And specifically, is a waiver of class actions in an arbitration clause in an employment agreement enforceable? (That...
February 27, 2017
The Supreme Court is currently set to answer the question of whether employees must be permitted, if they choose, to pursue relief collectively in an arbitration proceeding. Is that “concerted activity” that is protected by the National Labor Relations Act, and does that statutory provision supervene the provisions of the Federal Arbitration Act and the right to contract freely? And specifically, is a waiver of class actions in an arbitration clause in an employment agreement enforceable? (That...
Equipping People to Stay Ahead of Technological Change (via The Economist)
February 26, 2017
WHEN education fails to keep pace with technology, the result is inequality. Without the skills to stay useful as innovations arrive, workers suffer—and if enough of them fall behind, society starts to fall apart. That fundamental insight seized reformers in the Industrial Revolution, heralding state-funded universal schooling. Later, automation in factories and offices called forth a surge in college graduates. The combination of education and innovation, spread over decades, led to a remarkable...
February 26, 2017
WHEN education fails to keep pace with technology, the result is inequality. Without the skills to stay useful as innovations arrive, workers suffer—and if enough of them fall behind, society starts to fall apart. That fundamental insight seized reformers in the Industrial Revolution, heralding state-funded universal schooling. Later, automation in factories and offices called forth a surge in college graduates. The combination of education and innovation, spread over decades, led to a remarkable...
The Actual Cost of In-House Artificial Intelligence Adoption
February 26, 2017
The time, capital and personnel required to get basic AI technologies running in-house underscores why such implementation is limited to legal teams. Because of the heavy lifting and dedicated resources an AI implementation can take up, most early adopters are likely to be large corporations for whom AI can provide the most benefit for its cost. In addition to Cisco, McCarron noted that there are several other "larger behemoth" companies road mapping and implementing AI projects, noting Google's...
February 26, 2017
The time, capital and personnel required to get basic AI technologies running in-house underscores why such implementation is limited to legal teams. Because of the heavy lifting and dedicated resources an AI implementation can take up, most early adopters are likely to be large corporations for whom AI can provide the most benefit for its cost. In addition to Cisco, McCarron noted that there are several other "larger behemoth" companies road mapping and implementing AI projects, noting Google's...
The Function of Reason
February 26, 2017
Contrary to the standard view of reason as a capacity that enhances the individual in his or her cognitive capacities—the standard image is of Rodin’s "Thinker," thinking on his own and discovering new ideas—what we say now is that the basic functions of reason are social. They have to do with the fact that we interact with each other’s bodies and with each other’s minds. And to interact with other’s minds is to be able to represent a representation that others have, and to have them...
February 26, 2017
Contrary to the standard view of reason as a capacity that enhances the individual in his or her cognitive capacities—the standard image is of Rodin’s "Thinker," thinking on his own and discovering new ideas—what we say now is that the basic functions of reason are social. They have to do with the fact that we interact with each other’s bodies and with each other’s minds. And to interact with other’s minds is to be able to represent a representation that others have, and to have them...
Justice Toolbox Lets People Pick Lawyers Based On Win Rates
February 25, 2017
A recently launched company helps consumers find lawyers based on their win rates for particular types of cases. Called Justice Toolbox, the startup uses data mined from official state court records to compute and display how many cases a lawyer has won and lost and the lawyer’s approximate win rate. Users can search the site by lawyer name, case type or location or they can browse listings by the same criteria.Currently operating only in Maryland and the District of Columbia, the free service...
February 25, 2017
A recently launched company helps consumers find lawyers based on their win rates for particular types of cases. Called Justice Toolbox, the startup uses data mined from official state court records to compute and display how many cases a lawyer has won and lost and the lawyer’s approximate win rate. Users can search the site by lawyer name, case type or location or they can browse listings by the same criteria.Currently operating only in Maryland and the District of Columbia, the free service...
