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Protecting Confidentiality of Patent Infringement Settlements: Is Mediation Necessary?
November 18, 2014
Parties regularly opt to keep terms, conditions and licensing agreements confidential when settling patent infringement disputes. Often, patentees do not want the license terms to serve as precedent in other assertions of the patent(s). Defendants may also not want other potential patent plaintiffs to believe they are a “soft touch.” Whatever the reason, parties assume that the confidentiality provision will be effective against disclosure of the license terms by the other side or to third...
November 18, 2014
Parties regularly opt to keep terms, conditions and licensing agreements confidential when settling patent infringement disputes. Often, patentees do not want the license terms to serve as precedent in other assertions of the patent(s). Defendants may also not want other potential patent plaintiffs to believe they are a “soft touch.” Whatever the reason, parties assume that the confidentiality provision will be effective against disclosure of the license terms by the other side or to third...
One-Third of Online Retailers in the U.S. Now Require Consumer Arbitration or Restrict Class-Action Lawsuits
November 18, 2014
Online retailers in the United States are increasingly requiring consumers to arbitrate disputes through their terms-of-service...
November 18, 2014
Online retailers in the United States are increasingly requiring consumers to arbitrate disputes through their terms-of-service...
Reflections on the State and Future of Commercial Arbitration: Challenges, Opportunities, Proposals
November 18, 2014
Commercial arbitration systems addressing business disputes are in a process of dynamic evolution that presents distinct challenges as well as manifold opportunities for business users and for those who provide services as counselors, advocates, arbitrators and institutional arbitration providers. At the invitation of the College of Commercial Arbitrators, Professor Stipanowich prepared this assessment of the current "state" of commercial arbitration as experienced and perceived in the United States...
November 18, 2014
Commercial arbitration systems addressing business disputes are in a process of dynamic evolution that presents distinct challenges as well as manifold opportunities for business users and for those who provide services as counselors, advocates, arbitrators and institutional arbitration providers. At the invitation of the College of Commercial Arbitrators, Professor Stipanowich prepared this assessment of the current "state" of commercial arbitration as experienced and perceived in the United States...
New Crowdsourced Law Site is Part of Larger Project to ‘Annotate the World’
November 17, 2014
There is something very fitting in the fact that a site that started out deciphering rap lyrics is now turning its attention to making sense of the law. The site, Law Genius, is the newest member of the larger Genius network of crowdsourced community sites, all of which grew out of the original site, Rap Genius, which was started in 2009 for the purpose of listing and annotating rap lyrics. Soon, users started using the site to annotate all sorts of other stuff, from the collected works of Shakespeare...
November 17, 2014
There is something very fitting in the fact that a site that started out deciphering rap lyrics is now turning its attention to making sense of the law. The site, Law Genius, is the newest member of the larger Genius network of crowdsourced community sites, all of which grew out of the original site, Rap Genius, which was started in 2009 for the purpose of listing and annotating rap lyrics. Soon, users started using the site to annotate all sorts of other stuff, from the collected works of Shakespeare...
Common Ground
November 17, 2014
The X factor in mediation is the ability to influence the other side to pay more or take less. Finding the elusive X factor is the challenge for most mediators, and is often done in the face of uncertainty. This uncertainty takes many forms and can serve as a barrier if not acknowledged and addressed by the parties. Taking the uncertainty out of the negotiation requires the mediator to convey to each of the parties the ability to be strategic while at the same time presenting each negotiation move...
November 17, 2014
The X factor in mediation is the ability to influence the other side to pay more or take less. Finding the elusive X factor is the challenge for most mediators, and is often done in the face of uncertainty. This uncertainty takes many forms and can serve as a barrier if not acknowledged and addressed by the parties. Taking the uncertainty out of the negotiation requires the mediator to convey to each of the parties the ability to be strategic while at the same time presenting each negotiation move...
An Employee is an Employee is an Employee: Alexander v. FedEx Ground
November 17, 2014
In the 1920s, author Gertrude Stein famously said, “A rose is a rose is a rose.” In light of Alexander v. FedEx Ground, that phrase could just as well be: an employee is an employee is an employee. Alexander is one of many cases in which the company and the workers agreed that the workers would be treated as independent contractors and not as employees. In this case, the court deemed that agreement to be meaningless. Instead, quoting the leading California case on independent contractor vs. employee,...
November 17, 2014
In the 1920s, author Gertrude Stein famously said, “A rose is a rose is a rose.” In light of Alexander v. FedEx Ground, that phrase could just as well be: an employee is an employee is an employee. Alexander is one of many cases in which the company and the workers agreed that the workers would be treated as independent contractors and not as employees. In this case, the court deemed that agreement to be meaningless. Instead, quoting the leading California case on independent contractor vs. employee,...
Texas Supreme Court Denies Petition in Alleged Arbitrator Partiality Case
November 17, 2014
Last week, the Supreme Court of Texas declined to consider whether an arbitral decision should be set aside based on a member of an arbitration panel’s alleged evident partiality. In Port Arthur Steam Energy LP v. Oxbow Calcining LLC, No. 01-12-01165-CV (Tex. – App. – 1st [Houston], October 22, 2013), Oxbow Calcining initiated arbitral proceedings with Port Arthur Steam Energy (“PASE”) before the American Arbitration Association (“AAA”) over a number of environmental compliance costs...
November 17, 2014
Last week, the Supreme Court of Texas declined to consider whether an arbitral decision should be set aside based on a member of an arbitration panel’s alleged evident partiality. In Port Arthur Steam Energy LP v. Oxbow Calcining LLC, No. 01-12-01165-CV (Tex. – App. – 1st [Houston], October 22, 2013), Oxbow Calcining initiated arbitral proceedings with Port Arthur Steam Energy (“PASE”) before the American Arbitration Association (“AAA”) over a number of environmental compliance costs...
Book: Negotiating for Success: Essential Strategies and Skills
November 17, 2014
Another book describes the use of decision trees in negotiation. "By the time you complete this book, you should be able...
November 17, 2014
Another book describes the use of decision trees in negotiation. "By the time you complete this book, you should be able...
Study Looks at Traits of Those Most Likely to Leave Law Practice
November 16, 2014
Law firms seeking to hire lawyers more likely to stay in law practice should be forewarned: Lawyers with “higher levels...
November 16, 2014
Law firms seeking to hire lawyers more likely to stay in law practice should be forewarned: Lawyers with “higher levels...
Predict Your Law School Class Rank
November 16, 2014
This is a law school class rank calculator that uses publicly available data to predict law school class rank based on LSAT and undergraduate GPA. The calculator itself is fairly accurate for LSATs and GPAs that are between the 25th and 75th percentiles for each school. Its accuracy decreases for very low or very high LSATs or GPAs for a particular school. Although the calculator itself is fairly accurate within those ranges, its results demonstrate that law school class rank is not at all predetermined...
November 16, 2014
This is a law school class rank calculator that uses publicly available data to predict law school class rank based on LSAT and undergraduate GPA. The calculator itself is fairly accurate for LSATs and GPAs that are between the 25th and 75th percentiles for each school. Its accuracy decreases for very low or very high LSATs or GPAs for a particular school. Although the calculator itself is fairly accurate within those ranges, its results demonstrate that law school class rank is not at all predetermined...
