Blog Archives
ConocoPhillips Seeks ICC Arbitration Against Venezuelan State Oil Company
October 28, 2014
ConocoPhillips has reportedly filed for arbitration against the Venezuela state oil company, Petroleos de Venezuela (“PDVSA”). According to ConocoPhillips’ request to the International Chamber of Commerce (“ICC”), PDVSA failed to pay the company the contractual compensation owed to it over the Petrozuata and Hamaca heavy crude oil projects. Although ConocoPhillips agreed to develop the areas under an investment treaty that was signed in the 1990s, Venezuela later seized and nationalized...
October 28, 2014
ConocoPhillips has reportedly filed for arbitration against the Venezuela state oil company, Petroleos de Venezuela (“PDVSA”). According to ConocoPhillips’ request to the International Chamber of Commerce (“ICC”), PDVSA failed to pay the company the contractual compensation owed to it over the Petrozuata and Hamaca heavy crude oil projects. Although ConocoPhillips agreed to develop the areas under an investment treaty that was signed in the 1990s, Venezuela later seized and nationalized...
Summary Judgment on Copyright Damages: New Guidance
October 28, 2014
A decade after its seminal decision in Bouchat v. Baltimore Ravens, the Fourth Circuit’s recent decision in Dash v. Mayweather, 731 F.3d 303 (4th Cir. 2013), sheds new light on the issue of copyright damages on summary judgment. The court offered detailed guidance on how best a plaintiff may use experts to prove actual damages. This decision also details three approaches that defendants may use to move for summary judgment against a claim for recovery of infringer’s profits. Dash v. Mayweather...
October 28, 2014
A decade after its seminal decision in Bouchat v. Baltimore Ravens, the Fourth Circuit’s recent decision in Dash v. Mayweather, 731 F.3d 303 (4th Cir. 2013), sheds new light on the issue of copyright damages on summary judgment. The court offered detailed guidance on how best a plaintiff may use experts to prove actual damages. This decision also details three approaches that defendants may use to move for summary judgment against a claim for recovery of infringer’s profits. Dash v. Mayweather...
Regular Exercise Is Part of Your Job
October 27, 2014
When we think about the value of exercise, we tend to focus on the physical benefits. Lower blood pressure, a healthier heart, a more attractive physique. But over the past decade, social scientists have quietly amassed compelling evidence suggesting that there is another, more immediate benefit of regular exercise: its impact on the way we think. Studies indicate that our mental firepower is directly linked to our physical regimen. And nowhere are the implications more relevant than to our performance...
October 27, 2014
When we think about the value of exercise, we tend to focus on the physical benefits. Lower blood pressure, a healthier heart, a more attractive physique. But over the past decade, social scientists have quietly amassed compelling evidence suggesting that there is another, more immediate benefit of regular exercise: its impact on the way we think. Studies indicate that our mental firepower is directly linked to our physical regimen. And nowhere are the implications more relevant than to our performance...
Flaherty Argues for Analytics at Prague Conference
October 27, 2014
D. Casey Flaherty, corporate counsel for Kia Motors America, told attendees at the LawTech Europe Congress 2014 keynote this morning that corporate legal services are not “credence goods” ("products whose utility impact is difficult or impossible for the consumer to ascertain," according to Wikipedia). Legal service can be measured by sophisticated analytics, he said, but corporate counsel are locked into a dated model of reviewing law firm performance by approaching each case is a special event—a...
October 27, 2014
D. Casey Flaherty, corporate counsel for Kia Motors America, told attendees at the LawTech Europe Congress 2014 keynote this morning that corporate legal services are not “credence goods” ("products whose utility impact is difficult or impossible for the consumer to ascertain," according to Wikipedia). Legal service can be measured by sophisticated analytics, he said, but corporate counsel are locked into a dated model of reviewing law firm performance by approaching each case is a special event—a...
Symposium: “Is Mediation a Sleeping Beauty?
October 27, 2014
Cardozo Law School and its Journal of Conflict Resolution are sponsoring the Jed D. Melnick Annual Symposium, “Is Mediation a Sleeping Beauty?”, on Monday, November 3, 2014 starting at 8:30 a.m. The impressive line-up of speakers includes many friends of Indisputably, and topics for sessions include the age-old questions: “Is She Sleeping?”, “Is She Beautiful?”, “Who is the Wicked Witch?”, and “Who is Prince Charming?”. Sounds like it will be very interesting. For more information,...
October 27, 2014
Cardozo Law School and its Journal of Conflict Resolution are sponsoring the Jed D. Melnick Annual Symposium, “Is Mediation a Sleeping Beauty?”, on Monday, November 3, 2014 starting at 8:30 a.m. The impressive line-up of speakers includes many friends of Indisputably, and topics for sessions include the age-old questions: “Is She Sleeping?”, “Is She Beautiful?”, “Who is the Wicked Witch?”, and “Who is Prince Charming?”. Sounds like it will be very interesting. For more information,...
Pre-Award Removal of an Arbitrator
October 27, 2014
Court’s Authority to Remove an Arbitrator Courts have very limited authority to intervene in arbitral matters prior to a final arbitration award. Essentially they may determine the validity and scope (arbitrability of particular issues) of an arbitration agreement and enforce it. See Gulf Guar. Life Ins. Co. v. Conn. Gen. Life Ins. Co., 304 F.3d 476 (5th Cir. 2002). Section 4 of the Federal Arbitration Act (FAA), 9 U.S.C. § 4, provides an expedited procedure to accomplish these duties. It is unusual...
October 27, 2014
Court’s Authority to Remove an Arbitrator Courts have very limited authority to intervene in arbitral matters prior to a final arbitration award. Essentially they may determine the validity and scope (arbitrability of particular issues) of an arbitration agreement and enforce it. See Gulf Guar. Life Ins. Co. v. Conn. Gen. Life Ins. Co., 304 F.3d 476 (5th Cir. 2002). Section 4 of the Federal Arbitration Act (FAA), 9 U.S.C. § 4, provides an expedited procedure to accomplish these duties. It is unusual...
Texas Supreme Court Hears Oral Argument Over Possible FAA Preemption in Nursing Home Case
October 27, 2014
On Tuesday, the Supreme Court of Texas heard oral argument in Fredricksburg Care Co., L.P. v. Perez, No. 13-0573. In the case, a Texas nursing home sought appellate review after the Fourth Court of Appeals in San Antonio denied its motion to compel arbitration in a wrongful death lawsuit based on the requirements set forth in the Texas Medical Liability Act (“TMLA”). The issue presented in the case is: The Federal Arbitration Act preempts state laws which restrict arbitration agreements. The McCarran-Ferguson...
October 27, 2014
On Tuesday, the Supreme Court of Texas heard oral argument in Fredricksburg Care Co., L.P. v. Perez, No. 13-0573. In the case, a Texas nursing home sought appellate review after the Fourth Court of Appeals in San Antonio denied its motion to compel arbitration in a wrongful death lawsuit based on the requirements set forth in the Texas Medical Liability Act (“TMLA”). The issue presented in the case is: The Federal Arbitration Act preempts state laws which restrict arbitration agreements. The McCarran-Ferguson...
A Refresher on Storytelling 101
October 26, 2014
At bedtime, I tell stories to my godchildren, Anna and Noah, when their parents invite me to care for them. Their capacity for stories amazes me. They beg for “just one more” and then “just one more.” It seems we are wired to enjoy a well-told story. And as we grow up, we do not lose our thirst for stories. I work with future leaders at Stanford to help them develop compelling stories that achieve their management goals — and I’ve developed a seven-part formula for storytelling success...
October 26, 2014
At bedtime, I tell stories to my godchildren, Anna and Noah, when their parents invite me to care for them. Their capacity for stories amazes me. They beg for “just one more” and then “just one more.” It seems we are wired to enjoy a well-told story. And as we grow up, we do not lose our thirst for stories. I work with future leaders at Stanford to help them develop compelling stories that achieve their management goals — and I’ve developed a seven-part formula for storytelling success...
New Relic Launches Data Apps Platform, Acquires Ducksboard
October 26, 2014
You hear a lot these days about “big data,” and as I often say, it’s essentially a catchphrase for a big idea: That the more information you have, the better decisions you can make about your business. But big data in its rawest form is typically hard to work with, which means there are lots of software companies raising big money and making big plans around organizing it. One I’ve written about before is New Relic. Its conceit comes down to this: If every company under the sun is at some...
October 26, 2014
You hear a lot these days about “big data,” and as I often say, it’s essentially a catchphrase for a big idea: That the more information you have, the better decisions you can make about your business. But big data in its rawest form is typically hard to work with, which means there are lots of software companies raising big money and making big plans around organizing it. One I’ve written about before is New Relic. Its conceit comes down to this: If every company under the sun is at some...
Ultrafast Internet Opens Up New Possibilities
October 26, 2014
Superfast Internet connections are likely to open up new kinds of communication such as "telepresence" and improve services such as remote health care, a survey of experts showed Thursday. The ultrafast connections, expected to be widely deployed in the coming years, can open up a range of possibilities by delivering "immersive" experiences and virtual reality, according to the experts polled by the Pew Research Center and Elon University. "People's basic interactions and their ability to 'be together'...
October 26, 2014
Superfast Internet connections are likely to open up new kinds of communication such as "telepresence" and improve services such as remote health care, a survey of experts showed Thursday. The ultrafast connections, expected to be widely deployed in the coming years, can open up a range of possibilities by delivering "immersive" experiences and virtual reality, according to the experts polled by the Pew Research Center and Elon University. "People's basic interactions and their ability to 'be together'...
