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What Do Lawyers Charge?
August 27, 2014
According to the Enterprise Legal Management Trends Report, here is what law partners charge, on average across the country. These numbers seem quite low for the big city megafirms. You can access the full report here. $589 Mergers and Acquisitions $533 Corporate, General, Tax $475 Regulatory & Compliance $470 IP - Trademark $435 IP - Patent $431 Finance, Loans and Investments $400 Commercial and Contracts $375 Employment and Labor $360 Real Estate $360 Environmental $343...
August 27, 2014
According to the Enterprise Legal Management Trends Report, here is what law partners charge, on average across the country. These numbers seem quite low for the big city megafirms. You can access the full report here. $589 Mergers and Acquisitions $533 Corporate, General, Tax $475 Regulatory & Compliance $470 IP - Trademark $435 IP - Patent $431 Finance, Loans and Investments $400 Commercial and Contracts $375 Employment and Labor $360 Real Estate $360 Environmental $343...
Court Finds that Party Who Signed “Flounder” Is Not Bound to New Employment Agreement
August 27, 2014
In Random Ventures, Inc. v. Advanced Armament Corp., the District Court for the Southern District of New York found that a party that wrote the word "flounder" on a signature line was not bound by the document on which he scribbled that word. For the full context, you would have to read the 117-page District Court opinion. Our highly-consdensed summary is as follows: Kevin Brittingham formed a company, Advanced Armament Corp. (AAC) that designed and manufactured silencers for firearms. AAC thrived...
August 27, 2014
In Random Ventures, Inc. v. Advanced Armament Corp., the District Court for the Southern District of New York found that a party that wrote the word "flounder" on a signature line was not bound by the document on which he scribbled that word. For the full context, you would have to read the 117-page District Court opinion. Our highly-consdensed summary is as follows: Kevin Brittingham formed a company, Advanced Armament Corp. (AAC) that designed and manufactured silencers for firearms. AAC thrived...
Disaggregative Mechanisms: Mass Claims Resolution Without Class Actions
August 27, 2014
Aggregation has long been viewed as the primary, if not sole, vehicle for mass claims resolution. For a half century, scholars have consistently viewed the consolidated litigation of similar claims as the only mechanism for efficiently resolving mass claims. In this Article, I challenge that long-standing and fundamental assumption. This Article seeks to reconceptualize our understanding of mass claims resolution, arguing that we are witnessing the birth of a second, unexplored branch of mass...
August 27, 2014
Aggregation has long been viewed as the primary, if not sole, vehicle for mass claims resolution. For a half century, scholars have consistently viewed the consolidated litigation of similar claims as the only mechanism for efficiently resolving mass claims. In this Article, I challenge that long-standing and fundamental assumption. This Article seeks to reconceptualize our understanding of mass claims resolution, arguing that we are witnessing the birth of a second, unexplored branch of mass...
Do Robot Lawyers Dream of Billable Seconds?
August 26, 2014
A program entitled Do Robot Lawyers Dream of Billable Seconds? was held 21 August 2014 at ILTA 2014: International Legal Technology Association Annual Educational Conference, in Nashville, Tennessee, USA. The Website for the program does not appear to have a stable, publicly available URL, but those with a username and password may be able to access the site at: http://ilta.ebiz.uapps.net/personifyebusiness/Default.aspx?productid=1795754 Here is a summary of the program, from the program’s...
August 26, 2014
A program entitled Do Robot Lawyers Dream of Billable Seconds? was held 21 August 2014 at ILTA 2014: International Legal Technology Association Annual Educational Conference, in Nashville, Tennessee, USA. The Website for the program does not appear to have a stable, publicly available URL, but those with a username and password may be able to access the site at: http://ilta.ebiz.uapps.net/personifyebusiness/Default.aspx?productid=1795754 Here is a summary of the program, from the program’s...
The Physical Dimension of Mediation: Lessons from Africa
August 26, 2014
I have written before on this blog about ‘mediating from the neck up’: my conviction that I was taught (and teach) a rationalistic, even cerebral, process that privileges thought over emotion and language over movement (see http://kluwermediationblog.com/2013/12/13/mediating-from-the-neck-up/ ). As I acknowledged at the time, having this insight and doing something about it are two quite different propositions. How in practice do we mediate with the whole person? Last week I witnessed a startling...
August 26, 2014
I have written before on this blog about ‘mediating from the neck up’: my conviction that I was taught (and teach) a rationalistic, even cerebral, process that privileges thought over emotion and language over movement (see http://kluwermediationblog.com/2013/12/13/mediating-from-the-neck-up/ ). As I acknowledged at the time, having this insight and doing something about it are two quite different propositions. How in practice do we mediate with the whole person? Last week I witnessed a startling...
Computational Knowledge and the Future of Pure Mathematics
August 26, 2014
Every four years for more than a century there’s been an International Congress of Mathematicians (ICM) held somewhere...
August 26, 2014
Every four years for more than a century there’s been an International Congress of Mathematicians (ICM) held somewhere...
Ninth Circuit Finds that Nordstrom Gave Sufficient Notice of Its Class-Action Waiver
August 26, 2014
This is just a bad time to be an employee of a major department store on the West Coast. In Davis v. Nordstrom, Inc. the same panel that decided Johnmohammadi v. Bloomingdale's, Inc., about which we blogged yesterday, granted Nordstrom's motion to compel individual arbitration, overturning the District Court's denial for that motion. In August 2011, Faine Davis filed a purported class action against Nordstrom, alleging nonpayment of wages, failure to provide meal periods and rest breaks, and unfair...
August 26, 2014
This is just a bad time to be an employee of a major department store on the West Coast. In Davis v. Nordstrom, Inc. the same panel that decided Johnmohammadi v. Bloomingdale's, Inc., about which we blogged yesterday, granted Nordstrom's motion to compel individual arbitration, overturning the District Court's denial for that motion. In August 2011, Faine Davis filed a purported class action against Nordstrom, alleging nonpayment of wages, failure to provide meal periods and rest breaks, and unfair...
Ninth Circuit Enforces Class-Action Waiver Despite Federal Statutes
August 26, 2014
Fatemeh Johnmohammadi was an employee of Bloomingdale's, Inc. (Bloomingdale's). She sought to bring a state class-action claim alleging that she and others, similarly situated, were owed overtime wages. Bloomindale's removed the case to federal court and then filed a motion to compel arbitration of Johnmohammadi's claims. The District Court granted the motion and dismissed the case without prejudice. Johnmohammadi appealed to the Ninth Circuit. In Johnmohammadi v. Bloomingdale's, Inc., the Ninth...
August 26, 2014
Fatemeh Johnmohammadi was an employee of Bloomingdale's, Inc. (Bloomingdale's). She sought to bring a state class-action claim alleging that she and others, similarly situated, were owed overtime wages. Bloomindale's removed the case to federal court and then filed a motion to compel arbitration of Johnmohammadi's claims. The District Court granted the motion and dismissed the case without prejudice. Johnmohammadi appealed to the Ninth Circuit. In Johnmohammadi v. Bloomingdale's, Inc., the Ninth...
American Apparel and Arbitration Clauses
August 26, 2014
It's been hard for me to avert my eyes from the train wreck happening at American Apparel. Yes, I heard the rumors about...
August 26, 2014
It's been hard for me to avert my eyes from the train wreck happening at American Apparel. Yes, I heard the rumors about...
