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Texas Courts Roll Out $72M E-Filing System
October 3, 2015
Multi-year effort to update the state's electronic court filing system is now operational in all 254 counties of the Lone...
October 3, 2015
Multi-year effort to update the state's electronic court filing system is now operational in all 254 counties of the Lone...
Law Has Come a Long Way but Not Far Enough
October 2, 2015
While we've accomplished a lot on efficiency, and there have been major changes in the business of law, the practice of law, on a fundamental level, has not changed as much. But such fundamental change is likely underway now, as technology and innovative thinking takes a more and more aggressive role in changing the practice - from Premonition's ability to assist clients in selecting lawyers. Yet, while the practice has changed, it is easy to recognize how much farther we have to go. While people...
October 2, 2015
While we've accomplished a lot on efficiency, and there have been major changes in the business of law, the practice of law, on a fundamental level, has not changed as much. But such fundamental change is likely underway now, as technology and innovative thinking takes a more and more aggressive role in changing the practice - from Premonition's ability to assist clients in selecting lawyers. Yet, while the practice has changed, it is easy to recognize how much farther we have to go. While people...
Judge Finds Ride Sharing Company’s Arbitration Agreement With Network Drivers is Substantively Unconscionable
October 2, 2015
A California judge has reportedly declined to order a dispute between transportation network company Uber and a former driver to arbitration. In the case, a San Francisco Superior Court judge ruled that the arbitration clause between the parties was “substantively unconscionable” due to its contradictory language. According to Judge Ernest Goldsmith, one provision of the clause states a private arbitrator must determine whether any disputes between the company and its drivers should be resolved...
October 2, 2015
A California judge has reportedly declined to order a dispute between transportation network company Uber and a former driver to arbitration. In the case, a San Francisco Superior Court judge ruled that the arbitration clause between the parties was “substantively unconscionable” due to its contradictory language. According to Judge Ernest Goldsmith, one provision of the clause states a private arbitrator must determine whether any disputes between the company and its drivers should be resolved...
Legal Startup ‘Mighty’ Helps Plaintiffs Find Funding For Litigation
October 2, 2015
A new legal-funding site launched this month with the goal of connecting plaintiffs in civil litigation with investors who compete to advance them a small portion of any future settlement or award. Called Mighty, the company formally announced the launch of its online funding marketplace on Sept. 16, after having recently raised $5.25 million in Series A funds. The purpose is to help plaintiffs bridge the gap between the time they file a lawsuit and they time they reach a resolution by providing...
October 2, 2015
A new legal-funding site launched this month with the goal of connecting plaintiffs in civil litigation with investors who compete to advance them a small portion of any future settlement or award. Called Mighty, the company formally announced the launch of its online funding marketplace on Sept. 16, after having recently raised $5.25 million in Series A funds. The purpose is to help plaintiffs bridge the gap between the time they file a lawsuit and they time they reach a resolution by providing...
Outcome Prediction of Construction Disputes Using Neural Network Model
October 1, 2015
The occurrence of disputes in Indian construction contracts results in damaging the relationship between the parties apart from the time and cost overruns. However, if the parties to a dispute can predict the outcome of the dispute with some certainty, they are more likely to settle the matter out of court resulting in the avoidance of expenses and aggravation associated with adjudication. Dispute resolution process is mainly based upon the facts about the case like conditions of the contracts; actual...
October 1, 2015
The occurrence of disputes in Indian construction contracts results in damaging the relationship between the parties apart from the time and cost overruns. However, if the parties to a dispute can predict the outcome of the dispute with some certainty, they are more likely to settle the matter out of court resulting in the avoidance of expenses and aggravation associated with adjudication. Dispute resolution process is mainly based upon the facts about the case like conditions of the contracts; actual...
Dispute With Dallas Broker Must Be Arbitrated Under FINRA Rules
October 1, 2015
Texas’ Fifth District Court of Appeals has ruled that a dispute between a licensed securities broker and an investment company must be arbitrated before FINRA rather than the AAA. In Morford v. Esposito Securities, LLC, No. 05-14-01223-CV (Tex. App – Dallas, September 18, 2015), a securities broker and Financial Industry National Regulatory Authority (“FINRA”) member, Esposito, provided a group of customers, Nemaha Water Services, with assistance in locating investors. In exchange for his help,...
October 1, 2015
Texas’ Fifth District Court of Appeals has ruled that a dispute between a licensed securities broker and an investment company must be arbitrated before FINRA rather than the AAA. In Morford v. Esposito Securities, LLC, No. 05-14-01223-CV (Tex. App – Dallas, September 18, 2015), a securities broker and Financial Industry National Regulatory Authority (“FINRA”) member, Esposito, provided a group of customers, Nemaha Water Services, with assistance in locating investors. In exchange for his help,...
Prepare for Negotiations Like a Warrior. Play a Game.
October 1, 2015
The more prepared you are for a negotiation, the fewer surprises there should be and the better able you should be to respond by offers, demands or actions by the other side. One way to prepare is to make a game of it, much like the military does when training its officers and service members. You may not have tanks to drive or planes to fly, but that doesn’t mean you can’t war game. A war game has rules, procedures, and conflict, all part of recreational games and military exercises. 4...
October 1, 2015
The more prepared you are for a negotiation, the fewer surprises there should be and the better able you should be to respond by offers, demands or actions by the other side. One way to prepare is to make a game of it, much like the military does when training its officers and service members. You may not have tanks to drive or planes to fly, but that doesn’t mean you can’t war game. A war game has rules, procedures, and conflict, all part of recreational games and military exercises. 4...
How to Wow
September 30, 2015
I recently sat at a conference table in an informal meeting with seven firm colleagues, and I could not help noticing the one person who took command of the room when he spoke. He was not the most influential or most senior attorney there, and he said nothing particularly earth-shattering. Nevertheless, when he spoke, the other lawyers paid attention. He had the “wow” factor. We have all seen lawyers who have that special something, and many of us aspire to be such lawyers. I use this column...
September 30, 2015
I recently sat at a conference table in an informal meeting with seven firm colleagues, and I could not help noticing the one person who took command of the room when he spoke. He was not the most influential or most senior attorney there, and he said nothing particularly earth-shattering. Nevertheless, when he spoke, the other lawyers paid attention. He had the “wow” factor. We have all seen lawyers who have that special something, and many of us aspire to be such lawyers. I use this column...
Houston Appeals Court Orders Arbitration in Non-Compete Case
September 30, 2015
In Parker v. Schlumberger Technology Corporation, No. 01-14-01018-CV (Tex. App – Houston [1st], September 17, 2015), Schlumberger Technology Corporation (“STC”) filed a lawsuit against two individuals in the 268th District Court of Fort Bend County, Texas. In its complaint, STC accused the former owner and a key employee of a recently purchased company of violating a non-compete agreement each entered into as part of the transaction. In response to the lawsuit, the two men filed a motion to compel...
September 30, 2015
In Parker v. Schlumberger Technology Corporation, No. 01-14-01018-CV (Tex. App – Houston [1st], September 17, 2015), Schlumberger Technology Corporation (“STC”) filed a lawsuit against two individuals in the 268th District Court of Fort Bend County, Texas. In its complaint, STC accused the former owner and a key employee of a recently purchased company of violating a non-compete agreement each entered into as part of the transaction. In response to the lawsuit, the two men filed a motion to compel...
Impasse-Busting Techniques
September 30, 2015
The Mediator’s Bracket This is a useful technique in both early and late stages of a mediation. In the early stage, the parties remain too far apart for distributive bargaining to gain any traction. Here, you have defendants saying that if the plaintiff stays above X dollars, we are just not going to offer much. On the other hand, the plaintiff is saying that the defendants have to offer at least a seven-figure number or they are not going to get anywhere today. Voila: the mediator’s bracket....
September 30, 2015
The Mediator’s Bracket This is a useful technique in both early and late stages of a mediation. In the early stage, the parties remain too far apart for distributive bargaining to gain any traction. Here, you have defendants saying that if the plaintiff stays above X dollars, we are just not going to offer much. On the other hand, the plaintiff is saying that the defendants have to offer at least a seven-figure number or they are not going to get anywhere today. Voila: the mediator’s bracket....
