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SCOTUS Grants Cert in Another FAA Preemption Case
October 6, 2015
On the first day of its new term, the Court granted certiorari in another FAA preemption case. In MHN Government Services v. Zaborowski, the Court agreed to decide whether, as SCOTUS Blog styled it, “California violates federal arbitration law when it treats arbitration contracts differently from other contracts, in determining whether all or only part of an arbitration agreement is void under state law.” Petitioners in that case alleged that California courts apply a different rule of severability...
October 6, 2015
On the first day of its new term, the Court granted certiorari in another FAA preemption case. In MHN Government Services v. Zaborowski, the Court agreed to decide whether, as SCOTUS Blog styled it, “California violates federal arbitration law when it treats arbitration contracts differently from other contracts, in determining whether all or only part of an arbitration agreement is void under state law.” Petitioners in that case alleged that California courts apply a different rule of severability...
New Tech and Client Needs Create a New Field of Legal Operations
October 5, 2015
The legal press frequently covers the travails of BigLaw, where partners worry that their highly profitable enterprises might go the way of Dewey & LeBoeuf, Heller Ehrman, Howrey—the list goes on. What is not well-understood, however, is that a substantial part of this unease is traceable to people like Brenton. General counsel are increasingly giving senior “legal ops” professionals the authority to improve legal department performance, including the hiring and managing of outside counsel....
October 5, 2015
The legal press frequently covers the travails of BigLaw, where partners worry that their highly profitable enterprises might go the way of Dewey & LeBoeuf, Heller Ehrman, Howrey—the list goes on. What is not well-understood, however, is that a substantial part of this unease is traceable to people like Brenton. General counsel are increasingly giving senior “legal ops” professionals the authority to improve legal department performance, including the hiring and managing of outside counsel....
More Class Action Litigation for Gig Workers
October 5, 2015
We have recently seen a flurry of class-action litigation brought against workers in the modern economy. The recent case brought against Uber has continued to make headlines over the last few months. This aggregate litigation trend has now found its way to the on-demand food sector. As reported by the LA Times, class-action litigation was recently brought against GrubHub and DoorDash on the issue of worker misclassification for delivery drivers. The worker classification issue continues to be a messy...
October 5, 2015
We have recently seen a flurry of class-action litigation brought against workers in the modern economy. The recent case brought against Uber has continued to make headlines over the last few months. This aggregate litigation trend has now found its way to the on-demand food sector. As reported by the LA Times, class-action litigation was recently brought against GrubHub and DoorDash on the issue of worker misclassification for delivery drivers. The worker classification issue continues to be a messy...
Emailed Links to Forum Selection Clauses Constitute Sufficient Notice
October 5, 2015
Nancy Kim is, as you probably know, one of the nation’s, if not the world’s, leading experts on internet contracting. She is a contributor to this blog as well. Among other issues, Professor Kim rightfully questions whether consumers are put on sufficient notice of various contractual terms and conditions when they purchase goods or services via the Internet. The Second Circuit has just held that emails sufficiently direct a purchaser’s attention to a service provider’s terms and conditions...
October 5, 2015
Nancy Kim is, as you probably know, one of the nation’s, if not the world’s, leading experts on internet contracting. She is a contributor to this blog as well. Among other issues, Professor Kim rightfully questions whether consumers are put on sufficient notice of various contractual terms and conditions when they purchase goods or services via the Internet. The Second Circuit has just held that emails sufficiently direct a purchaser’s attention to a service provider’s terms and conditions...
Former Morgan Stanley Broker Sues Over Arbitration Policy
October 5, 2015
A former broker at Morgan Stanley has filed a class-action race-discrimination complaint against the company, accusing it of making “an end-run around the civil rights laws” with a new policy that bars employee participation in class actions and forces civil rights claims into private arbitration. Kathy Frazier, who is currently a broker at UBS Financial Services in Honolulu, according to regulatory records, said in her complaint that African-Americans were underrepresented in the ranks of brokers...
October 5, 2015
A former broker at Morgan Stanley has filed a class-action race-discrimination complaint against the company, accusing it of making “an end-run around the civil rights laws” with a new policy that bars employee participation in class actions and forces civil rights claims into private arbitration. Kathy Frazier, who is currently a broker at UBS Financial Services in Honolulu, according to regulatory records, said in her complaint that African-Americans were underrepresented in the ranks of brokers...
Littler Mendelson’s Drive for Analytics Initiatives
October 4, 2015
The Am Law 100 firm is implementing new legal service and technology initiatives that let clients work smarter. Big Data and analytics are transforming the way we interact with the world, as they detect and decode detailed patterns that may be overlooked by their organic creators. In the legal space, the adoption of these technologies may at times have lagged behind others, but several law firms and legal departments are taking advantage of this new realty. For labor and employee stalwart Littler...
October 4, 2015
The Am Law 100 firm is implementing new legal service and technology initiatives that let clients work smarter. Big Data and analytics are transforming the way we interact with the world, as they detect and decode detailed patterns that may be overlooked by their organic creators. In the legal space, the adoption of these technologies may at times have lagged behind others, but several law firms and legal departments are taking advantage of this new realty. For labor and employee stalwart Littler...
Legal Zoom Gives the Bar a Toothy Grin and a $10.5M Complaint
October 4, 2015
LegalZoom and the North Carolina Bar have been waging a fairly quiet battle for quite some time over the Bar’s claim that...
October 4, 2015
LegalZoom and the North Carolina Bar have been waging a fairly quiet battle for quite some time over the Bar’s claim that...
University of Chicago to Create Global Conflict Institute
October 4, 2015
At a time of heightened global violence, as war and political persecution drive the largest displacement of refugees and migrants...
October 4, 2015
At a time of heightened global violence, as war and political persecution drive the largest displacement of refugees and migrants...
3D Modeling Startup BioDigital Launches An API For The Human Body
October 3, 2015
Imagine a reality where surgeons practice difficult procedures on virtual renditions of their patients before walking into the operating room, and professional athletes review their exact muscle movements on a 3D game tape after they walk off the field. Now that BioDigital, a 3D human body modeling startup, is releasing its API to the public, this is possible. Over the past two years, the New York-based startup has worked closely with more than 100 organizations spanning all sectors of healthcare...
October 3, 2015
Imagine a reality where surgeons practice difficult procedures on virtual renditions of their patients before walking into the operating room, and professional athletes review their exact muscle movements on a 3D game tape after they walk off the field. Now that BioDigital, a 3D human body modeling startup, is releasing its API to the public, this is possible. Over the past two years, the New York-based startup has worked closely with more than 100 organizations spanning all sectors of healthcare...
Is LinkedIn Losing Its Luster for Lawyers?
October 3, 2015
Good Reasons to Stick With It There are plenty of good reasons for lawyers to be on LinkedIn and — so far at least — the pluses outweigh the minuses. If nothing else, LinkedIn is currently the default go-to directory for professionals and business peoples of every ilk. It is also a handy way of messaging people when you can’t find the information to contact them directly. And its relatively new publishing feature, LinkedIn Pulse, prompted my friend Amy Knapp — the woman who wrote the book...
October 3, 2015
Good Reasons to Stick With It There are plenty of good reasons for lawyers to be on LinkedIn and — so far at least — the pluses outweigh the minuses. If nothing else, LinkedIn is currently the default go-to directory for professionals and business peoples of every ilk. It is also a handy way of messaging people when you can’t find the information to contact them directly. And its relatively new publishing feature, LinkedIn Pulse, prompted my friend Amy Knapp — the woman who wrote the book...
