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Do Arbitration Clauses Survive Termination of the Contract?
October 6, 2014
In October 2011, Hilltop hired Cynthia Huffman and a number of other employees to review the files of mortgage loans originated...
October 6, 2014
In October 2011, Hilltop hired Cynthia Huffman and a number of other employees to review the files of mortgage loans originated...
Settlement Agreement Isn’t an Arbitration Award
October 6, 2014
The plaintiffs’ employment lawsuit in Arce v. Austin Industries was stayed in favor of arbitration. No. 14-20098 (Aug. 28, 2014, unpublished). While the parties then reached a settlement agreement, the district court would not dismiss the lawsuit without review and approval of the settlement. The district court found the attorneys fees excessive and only dismissed the case after modifying that aspect of the settlement. The plaintiffs appealed, noting the deference given to arbitration awards,...
October 6, 2014
The plaintiffs’ employment lawsuit in Arce v. Austin Industries was stayed in favor of arbitration. No. 14-20098 (Aug. 28, 2014, unpublished). While the parties then reached a settlement agreement, the district court would not dismiss the lawsuit without review and approval of the settlement. The district court found the attorneys fees excessive and only dismissed the case after modifying that aspect of the settlement. The plaintiffs appealed, noting the deference given to arbitration awards,...
Survey: Law Firm Tech Spending Up
October 5, 2014
A joint survey from ILTA and InsideLegal says tech spending is up in large and small firms. KEY TAKEAWAYS Fifty-four percent (up six percent from 2013) of all surveyed law firms spend between 2-4 percent of their total revenue on technology. Sixty-two percent of all respondents spend more than $8,000 per attorney on technology. Forty-nine percent of all respondents said that their technology budgets increased this year from 2013. The number of firms reporting an increase is up six percent...
October 5, 2014
A joint survey from ILTA and InsideLegal says tech spending is up in large and small firms. KEY TAKEAWAYS Fifty-four percent (up six percent from 2013) of all surveyed law firms spend between 2-4 percent of their total revenue on technology. Sixty-two percent of all respondents spend more than $8,000 per attorney on technology. Forty-nine percent of all respondents said that their technology budgets increased this year from 2013. The number of firms reporting an increase is up six percent...
Viruses are More Common at Law Firms than Encryption, ABA Survey Shows
October 5, 2014
Nearly half of law firms were infected with viruses, spyware or malware last year, according to the latest ABA Legal Technology Survey Report. At the same time, only a quarter of law firms had any kind of email encryption available for their lawyers to use, the survey found. Also, 14% of law firms experienced a security breach last year in the form of a lost or stolen computer or smartphone, a hacker, a break-in or a website exploit. Taken together, these findings paint a sorry picture about...
October 5, 2014
Nearly half of law firms were infected with viruses, spyware or malware last year, according to the latest ABA Legal Technology Survey Report. At the same time, only a quarter of law firms had any kind of email encryption available for their lawyers to use, the survey found. Also, 14% of law firms experienced a security breach last year in the form of a lost or stolen computer or smartphone, a hacker, a break-in or a website exploit. Taken together, these findings paint a sorry picture about...
Ninth Circuit Says Yelp Doesn’t Extort Businesses
October 5, 2014
For years, Yelp has been dogged by allegations that it manipulates user reviews to coerce businesses to advertise with it. While businesses aren’t likely to stop grumbling about these concerns any time soon, a federal appellate court emphatically shut the door on legal claims that Yelp extorts advertisers. This long-running case dates back to early 2010. The plaintiffs allege that Yelp extorted them to buy advertising by manufacturing negative reviews of their businesses and manipulating user-submitted...
October 5, 2014
For years, Yelp has been dogged by allegations that it manipulates user reviews to coerce businesses to advertise with it. While businesses aren’t likely to stop grumbling about these concerns any time soon, a federal appellate court emphatically shut the door on legal claims that Yelp extorts advertisers. This long-running case dates back to early 2010. The plaintiffs allege that Yelp extorted them to buy advertising by manufacturing negative reviews of their businesses and manipulating user-submitted...
Using Humor in the Law School Classroom
October 5, 2014
Stephen F. Reed, a clinical law professor at Northwestern University School of Law, says professors shouldn’t underestimate the pedagogical power of laughter. “[H]umor can have value in creating a lively classroom environment in which students are ready to learn, and in its best forms can help faculty accomplish their pedagogical goals,” Mr. Reed writes. ... He encourages professors to brush up on pop culture and jot down ideas before class. And he also cautions against going overboard with...
October 5, 2014
Stephen F. Reed, a clinical law professor at Northwestern University School of Law, says professors shouldn’t underestimate the pedagogical power of laughter. “[H]umor can have value in creating a lively classroom environment in which students are ready to learn, and in its best forms can help faculty accomplish their pedagogical goals,” Mr. Reed writes. ... He encourages professors to brush up on pop culture and jot down ideas before class. And he also cautions against going overboard with...
Google Plus Is Now My Primary Method Of Connection
October 5, 2014
Here's Why Google Plus is About to Get Seriously Awesome - TechnologyGuide.com. Google+Google Hangouts is now my primary method of messaging. I can do voice, video and SMS text messaging right from the Google Plus home screen. Just enter a contact or a phone number and communicate away. The author has indicated that this is "seriously awesome". He doesn't know the half of it. The final merger between Google Voice and Hangouts will create a one-stop shop for everything, and users will be able to send...
October 5, 2014
Here's Why Google Plus is About to Get Seriously Awesome - TechnologyGuide.com. Google+Google Hangouts is now my primary method of messaging. I can do voice, video and SMS text messaging right from the Google Plus home screen. Just enter a contact or a phone number and communicate away. The author has indicated that this is "seriously awesome". He doesn't know the half of it. The final merger between Google Voice and Hangouts will create a one-stop shop for everything, and users will be able to send...
Where Are All the Law School Applicants?
October 4, 2014
Nearly every law school in America is facing declining applications. Nationally, the level of applications has declined back...
October 4, 2014
Nearly every law school in America is facing declining applications. Nationally, the level of applications has declined back...
California Law Against Non-Disparagement Clauses
October 4, 2014
This is big - Governor Jerry Brown just signed a bill into law that would prohibit non-disparagement clauses in consumer contracts. The law states that contracts between a consumer and business for the "sale or lease of consumer goods or services" may not include a provision waiving a consumer's right to make statements about the business. The section is unwaivable. Furthermore, it is "unlawful" to threaten to enforce a non-disparagement clause. Civil penalties for violation of the law range from...
October 4, 2014
This is big - Governor Jerry Brown just signed a bill into law that would prohibit non-disparagement clauses in consumer contracts. The law states that contracts between a consumer and business for the "sale or lease of consumer goods or services" may not include a provision waiving a consumer's right to make statements about the business. The section is unwaivable. Furthermore, it is "unlawful" to threaten to enforce a non-disparagement clause. Civil penalties for violation of the law range from...
More on the Man Who Wants to Replace Lawyers with Code
October 4, 2014
The young entrepre-lawyer, Tim Hwang, who Forbes profiled as the man who wants to "replace lawyers with code" (and here) is featured again here as part of the ABA Journal's "Legal Rebels" column. After graduating from Boalt Hall in 2013, Mr. Hwang spent part of last year working as an associate for Davis, Polk & Wardwell where he tested software that he believes will eventually replace the need to hire lawyers for many routine legal tasks like drafting articles of incorporation, employee contracts...
October 4, 2014
The young entrepre-lawyer, Tim Hwang, who Forbes profiled as the man who wants to "replace lawyers with code" (and here) is featured again here as part of the ABA Journal's "Legal Rebels" column. After graduating from Boalt Hall in 2013, Mr. Hwang spent part of last year working as an associate for Davis, Polk & Wardwell where he tested software that he believes will eventually replace the need to hire lawyers for many routine legal tasks like drafting articles of incorporation, employee contracts...
