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Securities Class Actions Over Accountancy Allegations Rise
April 30, 2015
Filings of securities class actions with accounting-related allegations increased significantly in 2014, according to a new Cornerstone Research report released yesterday. According to the company, the sharp increase occurred against the backdrop of a year characterised by little change in securities class action filing activity. The report, Accounting Class Action Filings and Settlements—2014 Review and Analysis, also indicates that accounting settlements represented the majority of the number...
April 30, 2015
Filings of securities class actions with accounting-related allegations increased significantly in 2014, according to a new Cornerstone Research report released yesterday. According to the company, the sharp increase occurred against the backdrop of a year characterised by little change in securities class action filing activity. The report, Accounting Class Action Filings and Settlements—2014 Review and Analysis, also indicates that accounting settlements represented the majority of the number...
Texas Supreme Court Will Not Force Parties To Arbitrate Unless There’s An Agreement
April 30, 2015
In G.T. Leach Builders, LLC v. Sapphire V.P., LP, the Texas Supreme Court examined whether a property developer must arbitrate its claims against several defendants involved in a construction project. The trial court denied all of the defendants' motions to compel arbitration and that decision was affirmed by the court of appeals. The Texas Supreme Court held that the developer must arbitrate its claims against the general contractor, but not against the other defendants because there was an arbitration...
April 30, 2015
In G.T. Leach Builders, LLC v. Sapphire V.P., LP, the Texas Supreme Court examined whether a property developer must arbitrate its claims against several defendants involved in a construction project. The trial court denied all of the defendants' motions to compel arbitration and that decision was affirmed by the court of appeals. The Texas Supreme Court held that the developer must arbitrate its claims against the general contractor, but not against the other defendants because there was an arbitration...
Confirmation Bias: How Intelligent People Develop Totally Incorrect Beliefs
April 29, 2015
Study debunks long-held myth probably arising from the confirmation bias. The fact that intelligent people continue to believe in things like this is at least partly down to the ‘confirmation bias‘. It arises because people search for information that confirms their view of the world and ignore what doesn’t fit. People do it automatically, usually without realising. It’s easier to see evidence for a pet theory than imagining a new picture. It also helps people view themselves...
April 29, 2015
Study debunks long-held myth probably arising from the confirmation bias. The fact that intelligent people continue to believe in things like this is at least partly down to the ‘confirmation bias‘. It arises because people search for information that confirms their view of the world and ignore what doesn’t fit. People do it automatically, usually without realising. It’s easier to see evidence for a pet theory than imagining a new picture. It also helps people view themselves...
Fifth Circuit: Arbitrator’s Attorney’s Fee Award Reinstated
April 29, 2015
The Fifth Circuit Court of Appeals reversed a District Court judgment and reinstated an arbitrator's attorney's fees award last week. The case is Campbell Harrison & Dagley v. Hill, No. 14-10631 (5th Cir., April 2, 2015). The underlying claim is an attorney's fees dispute that arose after Hill terminated two law firms' litigation services. The contract between the Hill and each law firm provided for a hybrid-fee agreement with an hourly rate plus a contingency. Hill later settled his underlying...
April 29, 2015
The Fifth Circuit Court of Appeals reversed a District Court judgment and reinstated an arbitrator's attorney's fees award last week. The case is Campbell Harrison & Dagley v. Hill, No. 14-10631 (5th Cir., April 2, 2015). The underlying claim is an attorney's fees dispute that arose after Hill terminated two law firms' litigation services. The contract between the Hill and each law firm provided for a hybrid-fee agreement with an hourly rate plus a contingency. Hill later settled his underlying...
New Rapid Arbitration Available in Delaware
April 29, 2015
New legislation was recently passed in Delaware to provide a procedure for expedited arbitration of business disputes. The key features of the new law, called the Delaware Rapid Arbitration Act, include: The decision of the arbitrator must be made within 120 days Appeals are made directly to the Delaware Supreme Court The arbitrator decides issues of arbitrability (which is designed to avoid the multitude of disputes, often noted on these pages, in which a court is asked to determine if an issue...
April 29, 2015
New legislation was recently passed in Delaware to provide a procedure for expedited arbitration of business disputes. The key features of the new law, called the Delaware Rapid Arbitration Act, include: The decision of the arbitrator must be made within 120 days Appeals are made directly to the Delaware Supreme Court The arbitrator decides issues of arbitrability (which is designed to avoid the multitude of disputes, often noted on these pages, in which a court is asked to determine if an issue...
Company’s Social Media Accounts Transferred in Bankruptcy
April 28, 2015
This case addresses whether social media accounts used in connection with a business become property of the bankruptcy estate. The...
April 28, 2015
This case addresses whether social media accounts used in connection with a business become property of the bankruptcy estate. The...
Firm Can Prevent Discovery of In-House Advice in Malpractice Suit
April 28, 2015
Intra-firm legal advice on handling a contentious client can be protected when that client later files a malpractice suit...
April 28, 2015
Intra-firm legal advice on handling a contentious client can be protected when that client later files a malpractice suit...
Article on the Will as Arbitration Contract
April 28, 2015
E. Gary Spitko (Santa Clara University School of Law) recently published an article entitled, The Will as an Implied Unilateral...
April 28, 2015
E. Gary Spitko (Santa Clara University School of Law) recently published an article entitled, The Will as an Implied Unilateral...
Think You Have Game for Negotiating?
April 27, 2015
Negotiation 360 Lawyers like to think that for negotiating, they’ve got game. But there’s always room for improvement at the bargaining table. A new mobile resource from Harvard Business School professor, author and recovering lawyer Michael Wheeler, who teaches and writes about negotiation, may help hone your ability to nail down agreements and resolve disputes. Negotiation 360, a $2.99 (but who’s haggling?) iOS app, starts with a self-assessment test that enables you to determine your...
April 27, 2015
Negotiation 360 Lawyers like to think that for negotiating, they’ve got game. But there’s always room for improvement at the bargaining table. A new mobile resource from Harvard Business School professor, author and recovering lawyer Michael Wheeler, who teaches and writes about negotiation, may help hone your ability to nail down agreements and resolve disputes. Negotiation 360, a $2.99 (but who’s haggling?) iOS app, starts with a self-assessment test that enables you to determine your...
Statutory Cite Not Required for Federal Civil Rights Complaint
April 27, 2015
The U.S. Supreme Court has held that factual allegations sufficient to support a claim trump the need to cite the specific statute supporting the plaintiff’s legal theory. In Johnson v. City of Shelby, the high court found that even without a statutory reference, if the complaint contains a short and plain statement of the claim showing that the plaintiff is entitled to relief, then dismissal is improper. Section leaders say the decision showcases evolving pleading standards in federal court by confirming...
April 27, 2015
The U.S. Supreme Court has held that factual allegations sufficient to support a claim trump the need to cite the specific statute supporting the plaintiff’s legal theory. In Johnson v. City of Shelby, the high court found that even without a statutory reference, if the complaint contains a short and plain statement of the claim showing that the plaintiff is entitled to relief, then dismissal is improper. Section leaders say the decision showcases evolving pleading standards in federal court by confirming...
