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Nursing Home Cannot Compel Arbitration of Executrix’s Wrongful Death Claim
February 5, 2016
The Sixth Circuit Court of Appeals affirmed a Kentucky district court’s refusal to compel arbitration of an executrix’s...
February 5, 2016
The Sixth Circuit Court of Appeals affirmed a Kentucky district court’s refusal to compel arbitration of an executrix’s...
Current State of the Legal Market –
February 4, 2016
The essentially stagnant growth in demand for law firm services (as described above) – a condition that has more-or-less...
February 4, 2016
The essentially stagnant growth in demand for law firm services (as described above) – a condition that has more-or-less...
Feinberg to Head VW Compensation Fund
February 4, 2016
Now that we know where the VW MDL will go (Northern District of California - cue if you're going to San Francisco...) and that Judge Charles Breyer will be in charge, VW has announced that Ken Feinberg will run their claims administration program. You can find Danielle Ivory's New York Times article about the announcement here. As this Wall Street Journal article by Sara Randazzo points out, the highest concentration of affected cars (but not the highest concentration of cases) is in California....
February 4, 2016
Now that we know where the VW MDL will go (Northern District of California - cue if you're going to San Francisco...) and that Judge Charles Breyer will be in charge, VW has announced that Ken Feinberg will run their claims administration program. You can find Danielle Ivory's New York Times article about the announcement here. As this Wall Street Journal article by Sara Randazzo points out, the highest concentration of affected cars (but not the highest concentration of cases) is in California....
Ebner & Zeleznikow on Online Dispute Resolution
February 4, 2016
Noam Ebner and John Zeleznikow (Creighton University School of Law - Werner Institute for Negotiation and Dispute Resolution...
February 4, 2016
Noam Ebner and John Zeleznikow (Creighton University School of Law - Werner Institute for Negotiation and Dispute Resolution...
State of the Legal Market – Rates and Realization
February 3, 2016
During 2015, law firms continued to raise their standard rates, though by a fairly modest 2.7 percent. This is reflected in Chart 5 below that shows rate growth across the market from Q1 2005 through November 2015. Although, as can be seen on the chart, the pace of rate increases has clearly slowed since the pre-recession period before 2008 (when rate increases of 6 percent a year were not uncommon), client pushback to such increases has continued to mount. This has resulted in plummeting realization rates...
February 3, 2016
During 2015, law firms continued to raise their standard rates, though by a fairly modest 2.7 percent. This is reflected in Chart 5 below that shows rate growth across the market from Q1 2005 through November 2015. Although, as can be seen on the chart, the pace of rate increases has clearly slowed since the pre-recession period before 2008 (when rate increases of 6 percent a year were not uncommon), client pushback to such increases has continued to mount. This has resulted in plummeting realization rates...
Report Touts Record-Breaking Year for Law Firm Mergers
February 3, 2016
A look back, and ahead, from legal consultancy Altman Weil.
February 3, 2016
A look back, and ahead, from legal consultancy Altman Weil.
Article On The Problem Of Children Omitted from Wills
February 3, 2016
Adam J. Hirsch (Professor of Law, University of San Diego School of Law) recently published an article entitled, Airbrushed...
February 3, 2016
Adam J. Hirsch (Professor of Law, University of San Diego School of Law) recently published an article entitled, Airbrushed...
Current State of the Legal Market – By the Numbers
February 2, 2016
In what is rapidly becoming the “new normal,” it appears that 2015 will go down as another overall lackluster year in terms of law firm financial performance. While the picture obviously differs from firm to firm – and a few firms achieved remarkably good results – in the main U.S. law firms continued to experience very sluggish growth in demand, coupled with negative growth in productivity, and continuing downward pressure on rates and realization. Indeed, there is now some evidence...
February 2, 2016
In what is rapidly becoming the “new normal,” it appears that 2015 will go down as another overall lackluster year in terms of law firm financial performance. While the picture obviously differs from firm to firm – and a few firms achieved remarkably good results – in the main U.S. law firms continued to experience very sluggish growth in demand, coupled with negative growth in productivity, and continuing downward pressure on rates and realization. Indeed, there is now some evidence...
The International Evolution of Mediation: A Call for Dialogue and Deliberation
February 2, 2016
The following article is a revised and expanded version of lectures delivered by the author at the Victoria University of Wellington School of Law and the Faculty of Law, University of Auckland in October, 2014 as the New Zealand Law Foundation's International Dispute Resolution Visiting Scholar. The author posits that the mounting global preoccupation with mediation, resulting in a proliferating array of institutions, programs, laws and regulations; an international "evangelical" movement; and growing...
February 2, 2016
The following article is a revised and expanded version of lectures delivered by the author at the Victoria University of Wellington School of Law and the Faculty of Law, University of Auckland in October, 2014 as the New Zealand Law Foundation's International Dispute Resolution Visiting Scholar. The author posits that the mounting global preoccupation with mediation, resulting in a proliferating array of institutions, programs, laws and regulations; an international "evangelical" movement; and growing...
Towards a New Heuristic Model: Investment Arbitration as a Political System
February 2, 2016
In this introduction to the Special Issue "Empirical Studies on Investment Disputes", we offer a new heuristic model to structure the thinking about investment arbitration. Investment arbitration is presented here as a political system in a sense inspired by David Easton's landmark theory: it transforms the input of key actors (namely states, investors, arbitrators, and arbitration institutions) into output (namely arbitral awards taken in the aggregate), with feedback loops from output to input,...
February 2, 2016
In this introduction to the Special Issue "Empirical Studies on Investment Disputes", we offer a new heuristic model to structure the thinking about investment arbitration. Investment arbitration is presented here as a political system in a sense inspired by David Easton's landmark theory: it transforms the input of key actors (namely states, investors, arbitrators, and arbitration institutions) into output (namely arbitral awards taken in the aggregate), with feedback loops from output to input,...
