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Chesapeake Settles Oil Royalty Clash With Bass Brother, Other Plaintiffs
September 18, 2015
From rift to resolution—a drawn-out squabble over millions of dollars in oil royalties fought out in a Dallas federal court, recently concluded with the parties reaching an agreement that the plaintiffs would dismiss the case in return for a confidential amount of compensation. In 2013, a large group of mineral rights owners, made up of oil billionaire Edward Bass and Trinity Valley School among others, sued Chesapeake Operating and Chesapeake Exploration, as successor by merger to Chesapeake...
September 18, 2015
From rift to resolution—a drawn-out squabble over millions of dollars in oil royalties fought out in a Dallas federal court, recently concluded with the parties reaching an agreement that the plaintiffs would dismiss the case in return for a confidential amount of compensation. In 2013, a large group of mineral rights owners, made up of oil billionaire Edward Bass and Trinity Valley School among others, sued Chesapeake Operating and Chesapeake Exploration, as successor by merger to Chesapeake...
California Upholds Controversial Arbitration Clause Within Consumer Contract
September 18, 2015
California is changing its tune. Although previously known for decisions that flouted federal arbitration law, its decision yesterday in Sanchez shows the current California Supreme Court will abide by SCOTUS’s interpretation of the FAA. After a trial court and intermediate appellate court had ruled that the arbitration clause in a consumer contract was unconscionable, the California Supreme Court reversed, finding the clause was enforceable. Sanchez v. Valencia Holding Co., LLC, __ P.3d __, 2015...
September 18, 2015
California is changing its tune. Although previously known for decisions that flouted federal arbitration law, its decision yesterday in Sanchez shows the current California Supreme Court will abide by SCOTUS’s interpretation of the FAA. After a trial court and intermediate appellate court had ruled that the arbitration clause in a consumer contract was unconscionable, the California Supreme Court reversed, finding the clause was enforceable. Sanchez v. Valencia Holding Co., LLC, __ P.3d __, 2015...
Vienna said “I do!” Why A New York Convention for Mediation Might Be Brewing
September 17, 2015
The Proposal in New York In July 2014, during a session of UNCITRAL that took place in New York, a Proposal to undertake work on the preparation of a convention on the enforceability of international commercial settlement agreements reached through mediation/conciliation was put forward to UNCITRAL by the government of the United States of America. Accordingly, Working Group II (“WGII”) – which is one of the six working groups established by UNCITRAL to perform the substantive preparatory...
September 17, 2015
The Proposal in New York In July 2014, during a session of UNCITRAL that took place in New York, a Proposal to undertake work on the preparation of a convention on the enforceability of international commercial settlement agreements reached through mediation/conciliation was put forward to UNCITRAL by the government of the United States of America. Accordingly, Working Group II (“WGII”) – which is one of the six working groups established by UNCITRAL to perform the substantive preparatory...
Dallas Judge Hits Credit Suisse With $287M Judgment
September 17, 2015
A Dallas-based hedge fund that hit Credit Suisse Group A.G. with a $40 million fraud jury verdict last year, recently tacked on $287 million more to its victory after a trial judge signed a final judgment that also found the investment bank committed breach of contract and civil conspiracy. Claymore Holdings, which is affiliated with Dallas-based Highland Capital Management L.P., sued Credit Suisse in Dallas' 134th District Court alleging that it overinflated the value of a Nevada resort as part...
September 17, 2015
A Dallas-based hedge fund that hit Credit Suisse Group A.G. with a $40 million fraud jury verdict last year, recently tacked on $287 million more to its victory after a trial judge signed a final judgment that also found the investment bank committed breach of contract and civil conspiracy. Claymore Holdings, which is affiliated with Dallas-based Highland Capital Management L.P., sued Credit Suisse in Dallas' 134th District Court alleging that it overinflated the value of a Nevada resort as part...
Infographic for Compelling Arbitration
September 17, 2015
Making a motion to compel arbitration is trickier than it seems. When people call me for advice, I often have to tell them...
September 17, 2015
Making a motion to compel arbitration is trickier than it seems. When people call me for advice, I often have to tell them...
Tips for Lawyers Who Want to Get Good Results for Clients and Make Money
September 16, 2015
Recently, I was asked to write a post for a state bar association blog with highlights from my article, My Last Lecture: More Unsolicited Advice for Future and Current Lawyers. Then I thought, heck, I should post it here too. Understand Your Clients’ Interests. Lawyers often assume that they know what their clients want–to get as much money or pay as little money as possible. While clients usually are very concerned about their bottom line, they often have additional interests. In virtually...
September 16, 2015
Recently, I was asked to write a post for a state bar association blog with highlights from my article, My Last Lecture: More Unsolicited Advice for Future and Current Lawyers. Then I thought, heck, I should post it here too. Understand Your Clients’ Interests. Lawyers often assume that they know what their clients want–to get as much money or pay as little money as possible. While clients usually are very concerned about their bottom line, they often have additional interests. In virtually...
Everything a Juror Needs to Decide a Case They Learned in Kindergarten
September 16, 2015
Kindergarten is a microcosm of life, wherein little people come together who do not know each other and must learn to get along, cooperate and solve problems. In kindergarten, children learn to work through problems. Serving on a jury requires a parallel process: Jurors come together with all different life experiences and they must work together to reach a verdict. There are several basic life lessons that we all learn in kindergarten that jurors will undoubtedly bring to the courtroom with them....
September 16, 2015
Kindergarten is a microcosm of life, wherein little people come together who do not know each other and must learn to get along, cooperate and solve problems. In kindergarten, children learn to work through problems. Serving on a jury requires a parallel process: Jurors come together with all different life experiences and they must work together to reach a verdict. There are several basic life lessons that we all learn in kindergarten that jurors will undoubtedly bring to the courtroom with them....
To (b)(1) or not to (b)(1): What to Call your Rule 12 Arbitration Motion
September 16, 2015
Let’s say your client gets sued in court, the parties have an arbitration agreement, and you want to compel arbitration right away and not mess around with any other court proceedings. You already know you can make a motion to compel instead of an Answer, but you are stuck on this: what do you call the motion? Let’s face it, neither the federal or state rules of civil procedure line up perfectly with the FAA (for example, Rule 12 does not list “motion to compel arbitration” as a potential...
September 16, 2015
Let’s say your client gets sued in court, the parties have an arbitration agreement, and you want to compel arbitration right away and not mess around with any other court proceedings. You already know you can make a motion to compel instead of an Answer, but you are stuck on this: what do you call the motion? Let’s face it, neither the federal or state rules of civil procedure line up perfectly with the FAA (for example, Rule 12 does not list “motion to compel arbitration” as a potential...
Mediation 2015: Trends
September 15, 2015
Amid continued economic uncertainty, even in jurisdictions that have seen a welcome shift towards recovery over the past 12 months, the focus of both global and domestic corporations has moved towards cost-reduction and mitigation. The cost of litigation, from discovery to judgment, generally continues to rise in recognised centres of excellence such as the US, UK and Germany, meaning that clients are more concerned than ever with dispute avoidance or resolution at the lowest possible price. In this...
September 15, 2015
Amid continued economic uncertainty, even in jurisdictions that have seen a welcome shift towards recovery over the past 12 months, the focus of both global and domestic corporations has moved towards cost-reduction and mitigation. The cost of litigation, from discovery to judgment, generally continues to rise in recognised centres of excellence such as the US, UK and Germany, meaning that clients are more concerned than ever with dispute avoidance or resolution at the lowest possible price. In this...
Mediation – Is the Joint Session Still Alive?
September 15, 2015
Most lawyers are familiar with the ordinary sequence of a mediation. Typically, the mediator conducts a pre-mediation call with the lawyers and sometimes the parties, introducing everyone to the mediation process and inviting the participants to discuss any issues that may affect settlement which are important for the mediator to know in advance, and discuss any concerns a party might have about the process. On the day of the hearing, the long-held practice has been to commence the mediation with...
September 15, 2015
Most lawyers are familiar with the ordinary sequence of a mediation. Typically, the mediator conducts a pre-mediation call with the lawyers and sometimes the parties, introducing everyone to the mediation process and inviting the participants to discuss any issues that may affect settlement which are important for the mediator to know in advance, and discuss any concerns a party might have about the process. On the day of the hearing, the long-held practice has been to commence the mediation with...
