Blog Archives
Court Takes Another Look At James Brown Settlement
January 14, 2015
Music legend James Brown passed away on Christmas in 2006 and scholarship money has yet to be awarded from the education charity he established in his estate plan, the “I Feel Good” Trust. The South Carolina Supreme Court said that could shed light on why Brown’s charity is currently in limbo. The Court will hear two appeals filed by former Brown trustee Adele Pope, who served as co-trustee of the Brown estate with Robert Buchanan from 2007 to 2009. The appeals are linked to orders issued...
January 14, 2015
Music legend James Brown passed away on Christmas in 2006 and scholarship money has yet to be awarded from the education charity he established in his estate plan, the “I Feel Good” Trust. The South Carolina Supreme Court said that could shed light on why Brown’s charity is currently in limbo. The Court will hear two appeals filed by former Brown trustee Adele Pope, who served as co-trustee of the Brown estate with Robert Buchanan from 2007 to 2009. The appeals are linked to orders issued...
In the Hands of Fate: How Some Clients Cope With Difficult Decisions
January 14, 2015
In order for a case to reach the point where a resolution is being negotiated or mediated, it must’ve involved some serious, seemingly intractable issues that split the parties apart. Your client may feel helpless about the situation, feeling that fate’s responsible for the resolution, not the parties involved. When and how to settle a case can be difficult decisions. Clients probably feel stressed and uncomfortable at a negotiation or mediation session. One reason is that they don’t want...
January 14, 2015
In order for a case to reach the point where a resolution is being negotiated or mediated, it must’ve involved some serious, seemingly intractable issues that split the parties apart. Your client may feel helpless about the situation, feeling that fate’s responsible for the resolution, not the parties involved. When and how to settle a case can be difficult decisions. Clients probably feel stressed and uncomfortable at a negotiation or mediation session. One reason is that they don’t want...
DirecTV Seeks Mediation Over Arbitration
January 14, 2015
DirecTV has taken a firm position that it is not interested in arbitration of a carriage dispute that continues to prevent 70% of the Los Angeles market from viewing Dodgers games, but will consider mediation involving all pay-TV operators in the market and a compromise by the Dodgers ownership. Separately, eight U.S. Representatives sent a letter asking the Federal Communications Commission to mediate the ongoing dispute involving Time Warner Cable, which owns distribution rights to the Dodgers’...
January 14, 2015
DirecTV has taken a firm position that it is not interested in arbitration of a carriage dispute that continues to prevent 70% of the Los Angeles market from viewing Dodgers games, but will consider mediation involving all pay-TV operators in the market and a compromise by the Dodgers ownership. Separately, eight U.S. Representatives sent a letter asking the Federal Communications Commission to mediate the ongoing dispute involving Time Warner Cable, which owns distribution rights to the Dodgers’...
Landeo on Tort Law and Economics
January 13, 2015
Claudia Landeo (Alberta-Department of Economics) has posted to SSRN Law and Economics and Tort Law: Theory and Experiments. The abstract provides: In tort litigation, delayed settlement or impasse imposes high costs on the parties and society. Litigation institutions might influence social welfare by affecting the likelihood of out-of-court settlement and the potential injurers' investment in product safety. An appropriate design of litigation institutions and tort reform requires good knowledge...
January 13, 2015
Claudia Landeo (Alberta-Department of Economics) has posted to SSRN Law and Economics and Tort Law: Theory and Experiments. The abstract provides: In tort litigation, delayed settlement or impasse imposes high costs on the parties and society. Litigation institutions might influence social welfare by affecting the likelihood of out-of-court settlement and the potential injurers' investment in product safety. An appropriate design of litigation institutions and tort reform requires good knowledge...
Pepperdine / Maryland Professional Skills Program ($100 Discount)
January 13, 2015
Featuring a panel of nationally recognized experts in dispute resolution, this comprehensive program provides three days of unique educational opportunities for practicing professionals. Participants will network with nationally prominent faculty, as well as participants from the other specialties at plenary sessions, lunches, and receptions. Early enrollment is recommended since many of the sessions fully subscribe. Contact Lori Rushford at (310) 506-6342 or e-mail Lori.Rushford@pepperdine.edu to enroll...
January 13, 2015
Featuring a panel of nationally recognized experts in dispute resolution, this comprehensive program provides three days of unique educational opportunities for practicing professionals. Participants will network with nationally prominent faculty, as well as participants from the other specialties at plenary sessions, lunches, and receptions. Early enrollment is recommended since many of the sessions fully subscribe. Contact Lori Rushford at (310) 506-6342 or e-mail Lori.Rushford@pepperdine.edu to enroll...
Sufficient Screen Found Between Mediator and Advocates Who Joined Firm, Despite Informality
January 13, 2015
When, some months after an unsuccessful mediation, defense counsel joined the law firm at which the mediator practiced, plaintiff sought to have defense counsel disqualified. But a Minnesota appeals court concluded that despite a lack of formal screening procedures between the mediator and defense counsel, sufficient separation existed where no confidential information had been disclosed to the mediator in the mediation, he never shares any confidential information from mediation sessions with anyone...
January 13, 2015
When, some months after an unsuccessful mediation, defense counsel joined the law firm at which the mediator practiced, plaintiff sought to have defense counsel disqualified. But a Minnesota appeals court concluded that despite a lack of formal screening procedures between the mediator and defense counsel, sufficient separation existed where no confidential information had been disclosed to the mediator in the mediation, he never shares any confidential information from mediation sessions with anyone...
Nudge the Legal Decision Maker
January 12, 2015
The Book: Thaler and Sunstein Nudge Us Toward a New Way of Looking at Influence Thaler and Sunstein begin with a broad definition, describing a nudge as "any factor that significantly alters the behavior of humans." Of course, that takes in the full spectrum of persuasion and influence, but the difference in the focus of their book is the strategy of subtly steering choices toward better results while still preserving that choice. Within that setting, the strategic role is played by a "choice architect,"...
January 12, 2015
The Book: Thaler and Sunstein Nudge Us Toward a New Way of Looking at Influence Thaler and Sunstein begin with a broad definition, describing a nudge as "any factor that significantly alters the behavior of humans." Of course, that takes in the full spectrum of persuasion and influence, but the difference in the focus of their book is the strategy of subtly steering choices toward better results while still preserving that choice. Within that setting, the strategic role is played by a "choice architect,"...
Small Talk Can Result in Big Benefits
January 12, 2015
Small talk is a skill. Like any skills, you need to practice to get better at it. Professor Carducci offers these suggestions: He says to start small, with a simple greeting or compliment which can build into a conversation. Try to be nice, not brilliant. You don’t need to be funny or witty. A good way to practice is to talk to someone who’s alone and begin a conversation. Have something to say. If you think you have nothing to say you may be self-conscious and self-critical. Carducci...
January 12, 2015
Small talk is a skill. Like any skills, you need to practice to get better at it. Professor Carducci offers these suggestions: He says to start small, with a simple greeting or compliment which can build into a conversation. Try to be nice, not brilliant. You don’t need to be funny or witty. A good way to practice is to talk to someone who’s alone and begin a conversation. Have something to say. If you think you have nothing to say you may be self-conscious and self-critical. Carducci...
Sanctions Upheld for Failure to Mediate in Good Faith
January 12, 2015
A federal appellate court upheld sanctions against a party for bad faith and lack of preparation during a court-ordered mediation, based on a report from the mediator that the party arrived late to mediation, was unprepared, lacked full settlement authority, and generally did not act in a matter conducive to mediation. In addition, that party filed a lawsuit before the mediation process was formally concluded. Spradlin v. Richard, Nos. 13-5629, 13-5630, 13-5728 (U.S.C.A. 6th Cir., July 15, 2014)
January 12, 2015
A federal appellate court upheld sanctions against a party for bad faith and lack of preparation during a court-ordered mediation, based on a report from the mediator that the party arrived late to mediation, was unprepared, lacked full settlement authority, and generally did not act in a matter conducive to mediation. In addition, that party filed a lawsuit before the mediation process was formally concluded. Spradlin v. Richard, Nos. 13-5629, 13-5630, 13-5728 (U.S.C.A. 6th Cir., July 15, 2014)
Washington State Uses “Legal Technicians” to Move Around UPL
January 11, 2015
Michelle Cummings looks forward to this spring, when she expects to take on her first law client. By then, the Auburn, Washington, resident will have completed her studies and taken the state licensing examination. Provided she passes, she will begin practicing right away. Cummings' story could be that of any number of new lawyers looking forward to finishing law school and taking the first fledgling steps of their careers. But Cummings is not attending law school—at least not as lawyers know...
January 11, 2015
Michelle Cummings looks forward to this spring, when she expects to take on her first law client. By then, the Auburn, Washington, resident will have completed her studies and taken the state licensing examination. Provided she passes, she will begin practicing right away. Cummings' story could be that of any number of new lawyers looking forward to finishing law school and taking the first fledgling steps of their careers. But Cummings is not attending law school—at least not as lawyers know...
