Menu
Blog Archives
A Game-Changing Litigation Technology Trend
August 8, 2015
According to a recent article in Corporate Counsel magazine, more legal departments are now experimenting with alternative fee arrangements (AFAs) in litigation (29%) than in other practice areas. However, litigation is not at all where the greatest impact of AFAs are going to be felt for many in-house legal departments and law firms.The Brad Pitt film, Moneyball, portrays Billy Beane as the baseball team manager of the Oakland A’s struggling against accepted dogma in player selection. Beane’s...
August 8, 2015
According to a recent article in Corporate Counsel magazine, more legal departments are now experimenting with alternative fee arrangements (AFAs) in litigation (29%) than in other practice areas. However, litigation is not at all where the greatest impact of AFAs are going to be felt for many in-house legal departments and law firms.The Brad Pitt film, Moneyball, portrays Billy Beane as the baseball team manager of the Oakland A’s struggling against accepted dogma in player selection. Beane’s...
NY Times on the “Gig Economy”
August 8, 2015
Today's New York Times has an article about how Uber and Lyft are merely the latest incarnation of a decades-long trend towards replacing (or attempting to replace) employees with independent contractors. According to the Times, Uber is a rather extreme version, officially employing only 4000 people, while 160,000 people make their living through Uber. The Times attributes stagnating wages to this "gig economy," acknowledging that other forces, including the decline of unions and globalization,...
August 8, 2015
Today's New York Times has an article about how Uber and Lyft are merely the latest incarnation of a decades-long trend towards replacing (or attempting to replace) employees with independent contractors. According to the Times, Uber is a rather extreme version, officially employing only 4000 people, while 160,000 people make their living through Uber. The Times attributes stagnating wages to this "gig economy," acknowledging that other forces, including the decline of unions and globalization,...
Some Tips On How To Plan For An Estate Containing Bitcoin
August 7, 2015
Bitcoin, and other cryptocurrencies, have spiked in popularity in recent years as users seek alternate payment forms and investment...
August 7, 2015
Bitcoin, and other cryptocurrencies, have spiked in popularity in recent years as users seek alternate payment forms and investment...
In Greece Crisis Negotiation, Tough Conditions May Have Affected the Deal
August 7, 2015
During a crisis negotiation, all that may seem to matter is reaching a deal as quickly as possible. The desire to head off a disaster may lead crisis negotiators to forego the usual comforts of life, such as sleep, in their single-minded pursuit of their goal. Those appear to have been the conditions under which the government of Greece and its European creditors negotiated a definitive new bailout package for the financially troubled nation. After Greek voters rejected the deal on the table in a referendum,...
August 7, 2015
During a crisis negotiation, all that may seem to matter is reaching a deal as quickly as possible. The desire to head off a disaster may lead crisis negotiators to forego the usual comforts of life, such as sleep, in their single-minded pursuit of their goal. Those appear to have been the conditions under which the government of Greece and its European creditors negotiated a definitive new bailout package for the financially troubled nation. After Greek voters rejected the deal on the table in a referendum,...
The Private Jury Trial of a Business Case
August 7, 2015
In 21 years as a federal district judge handling hundreds of jury trials, I became convinced that they are an excellent way to decide a broad range of cases. Criminal cases and many tort cases—turning on issues of common experience—are usually cited as paradigmatic examples. But there are others too. First, of course, when the issue involves what is reasonable or unreasonable, the decision reflecting the viewpoints of six, eight, or 12 laypeople inevitably adds a dimension and perspective...
August 7, 2015
In 21 years as a federal district judge handling hundreds of jury trials, I became convinced that they are an excellent way to decide a broad range of cases. Criminal cases and many tort cases—turning on issues of common experience—are usually cited as paradigmatic examples. But there are others too. First, of course, when the issue involves what is reasonable or unreasonable, the decision reflecting the viewpoints of six, eight, or 12 laypeople inevitably adds a dimension and perspective...
New Federal Court in Sherman?
August 6, 2015
With overloaded dockets fueled by a booming population growth, the Eastern District of Texas' eight U.S. District Courts...
August 6, 2015
With overloaded dockets fueled by a booming population growth, the Eastern District of Texas' eight U.S. District Courts...
Litigation and Trial Practice in the Era of Big Data
August 6, 2015
About a year ago, I settled a case just before the start of a scheduled eight-week trial. With this big, unexpected hole in my schedule, I decided to study up on the phenomenon known as big data. Mostly, I wanted to know whether and how it might affect the work of litigators and trial lawyers. I started by picking up Rick Smolan’s and Jennifer Erwitt’s book, The Human Face of Big Data (2012). In an interview, Smolan had quoted Yahoo Chief Executive Officer Marissa Mayer: “She said big data...
August 6, 2015
About a year ago, I settled a case just before the start of a scheduled eight-week trial. With this big, unexpected hole in my schedule, I decided to study up on the phenomenon known as big data. Mostly, I wanted to know whether and how it might affect the work of litigators and trial lawyers. I started by picking up Rick Smolan’s and Jennifer Erwitt’s book, The Human Face of Big Data (2012). In an interview, Smolan had quoted Yahoo Chief Executive Officer Marissa Mayer: “She said big data...
‘Elite’ Law Firms May Be Among Earlier Adopters of Artificial Intelligence Platforms
August 6, 2015
Many clients appear to be moving forward with the Watson technology. Watson – the promising cognitive computing platform from IBM – has yet to engage many law firms, but looking ahead some of them may have little choice but to become an adopter. This is especially true given the momentum that similar platforms have gained with law firm clients industies. “Our expectation is that clients … [and] especially large banks … [and] ‘SIFI's’ [systemically important financial institutions]...
August 6, 2015
Many clients appear to be moving forward with the Watson technology. Watson – the promising cognitive computing platform from IBM – has yet to engage many law firms, but looking ahead some of them may have little choice but to become an adopter. This is especially true given the momentum that similar platforms have gained with law firm clients industies. “Our expectation is that clients … [and] especially large banks … [and] ‘SIFI's’ [systemically important financial institutions]...
Advancing Strategy Through Settlement Negotiations
August 5, 2015
Coming today to LitigationWorld: Litigators often approach settlement discussions haphazardly. This can irrevocably harm a case by needlessly conceding strategies and tactics, and locking yourself into undesirable factual theories. In this issue of LitigationWorld, litigator Tom Vidal offers a more deliberate approach supported by your litigation strategy that moves your case forward and results in the best possible outcome. Also, don't miss the LitigationWorld Pick of the Week for tips on creating...
August 5, 2015
Coming today to LitigationWorld: Litigators often approach settlement discussions haphazardly. This can irrevocably harm a case by needlessly conceding strategies and tactics, and locking yourself into undesirable factual theories. In this issue of LitigationWorld, litigator Tom Vidal offers a more deliberate approach supported by your litigation strategy that moves your case forward and results in the best possible outcome. Also, don't miss the LitigationWorld Pick of the Week for tips on creating...
Four Practical Rules for Winning Complex Cases
August 5, 2015
The threat of complex, high-stakes litigation is unfortunately a well-known fact of life for too many companies doing business...
August 5, 2015
The threat of complex, high-stakes litigation is unfortunately a well-known fact of life for too many companies doing business...
