Blog Archives
The Construction of Commercial Contracts
August 22, 2014
Major developments in the English law of contract construction have been adopted in most Commonwealth countries, including New Zealand. These pose challenges to practitioners and at the level of theory. Part of the challenge is the ever increasing role of context. Are practitioners expected to prepare interpretation advices on the basis of the same level of inquiry that would occur in litigation even if the matter is not litigious? Another difficulty is the inability of courts to formulate rules...
August 22, 2014
Major developments in the English law of contract construction have been adopted in most Commonwealth countries, including New Zealand. These pose challenges to practitioners and at the level of theory. Part of the challenge is the ever increasing role of context. Are practitioners expected to prepare interpretation advices on the basis of the same level of inquiry that would occur in litigation even if the matter is not litigious? Another difficulty is the inability of courts to formulate rules...
Who’s Who Legal – Commercial Mediation – Texas (7)
August 22, 2014
We recognise 298 of the world’s leading commercial mediators, and each should be considered to be among of the outstanding experts in their jurisdiction. Our listing encompasses sole practitioners, barristers, boutique firms, former judges and non-lawyers.
August 22, 2014
We recognise 298 of the world’s leading commercial mediators, and each should be considered to be among of the outstanding experts in their jurisdiction. Our listing encompasses sole practitioners, barristers, boutique firms, former judges and non-lawyers.
Legal Marketplace Analysis – Mediation
August 22, 2014
We recognise 298 of the world’s leading commercial mediators, and each should be considered to be among of the outstanding experts in their jurisdiction. Our listing encompasses sole practitioners, barristers, boutique firms, former judges and non-lawyers.
August 22, 2014
We recognise 298 of the world’s leading commercial mediators, and each should be considered to be among of the outstanding experts in their jurisdiction. Our listing encompasses sole practitioners, barristers, boutique firms, former judges and non-lawyers.
Employer Credit Checks Create Growing Litigation Risk
August 21, 2014
The Fair Credit Reporting Act was passed in 1970 to help consumers ensure that information about their credit stayed both private and accurate. However, a new report from Littler Mendelson explains that recently the FCRA has been used as fodder for class action lawsuits that target employers for alleged noncompliance with rules governing how companies should use credit reports, also known as consumer reports, in the hiring process. The Littler report, "The Swelling Tide of Fair Credit Reporting...
August 21, 2014
The Fair Credit Reporting Act was passed in 1970 to help consumers ensure that information about their credit stayed both private and accurate. However, a new report from Littler Mendelson explains that recently the FCRA has been used as fodder for class action lawsuits that target employers for alleged noncompliance with rules governing how companies should use credit reports, also known as consumer reports, in the hiring process. The Littler report, "The Swelling Tide of Fair Credit Reporting...
6 Questions to Ask About Your Company’s Mediation Process
August 21, 2014
The use of alternative dispute resolution (ADR) by U.S. companies—now encompassing all industries and every type of commercial dispute—has evolved in scope and application over the past 30 years. Notably, as corporate counsel have sought to gain greater control over associated costs, scheduling, duration, relationships, confidentiality and settlement outcomes, mediation has become an integral early step in the corporate dispute resolution process, intended to resolve cases in advance of litigation...
August 21, 2014
The use of alternative dispute resolution (ADR) by U.S. companies—now encompassing all industries and every type of commercial dispute—has evolved in scope and application over the past 30 years. Notably, as corporate counsel have sought to gain greater control over associated costs, scheduling, duration, relationships, confidentiality and settlement outcomes, mediation has become an integral early step in the corporate dispute resolution process, intended to resolve cases in advance of litigation...
Microsoft Launches Document Management System for Legal
August 21, 2014
According to today’s announcement, features of the new platform include: Cloud storage using OneDrive for Business, providing 1 TB of individual storage, with automatic synchronization across all your devices and for both online and offline access. Sharing and collaboration, allowing you to share files with anyone and work on files simultaneously with others, including the ability to track changes and versions. Robust search, making it easy to search and find matters and related documents...
August 21, 2014
According to today’s announcement, features of the new platform include: Cloud storage using OneDrive for Business, providing 1 TB of individual storage, with automatic synchronization across all your devices and for both online and offline access. Sharing and collaboration, allowing you to share files with anyone and work on files simultaneously with others, including the ability to track changes and versions. Robust search, making it easy to search and find matters and related documents...
What the Numbers Tell Us About How State Courts Apply the Unconscionability Doctrine to Arbitration Agreements
August 21, 2014
Susan Landrum, Director of the Office of Academic Achievement at the Savannah Law School, has published Much Ado About Nothing?: What the Numbers Tell Us About How State Courts Apply the Unconscionability Doctrine to Arbitration Agreements, Marquette Law Review, Vol. 97, No. 3, 2014. In her article, Ms. Landrum examines how courts in 20 states applied the unconscionability doctrine to arbitration and other contracts over a 22-year time period. Here is the abstract: This Article evaluates how state...
August 21, 2014
Susan Landrum, Director of the Office of Academic Achievement at the Savannah Law School, has published Much Ado About Nothing?: What the Numbers Tell Us About How State Courts Apply the Unconscionability Doctrine to Arbitration Agreements, Marquette Law Review, Vol. 97, No. 3, 2014. In her article, Ms. Landrum examines how courts in 20 states applied the unconscionability doctrine to arbitration and other contracts over a 22-year time period. Here is the abstract: This Article evaluates how state...
Good Faith and Fair Dealing as an Underenforced Legal Norm
August 21, 2014
American contract law includes a duty of good faith and fair dealing in the performance of every contract. The duty appears, on first reading, to authorize judges to attach sanctions whenever one party to a contract acts unreasonably towards another. But judicial practice very often falls short of such an expansive standard. This article proposes a novel interpretation of the doctrine that accommodates both the rhetoric of good faith and fair dealing and the reality of judicial enforcement. Good...
August 21, 2014
American contract law includes a duty of good faith and fair dealing in the performance of every contract. The duty appears, on first reading, to authorize judges to attach sanctions whenever one party to a contract acts unreasonably towards another. But judicial practice very often falls short of such an expansive standard. This article proposes a novel interpretation of the doctrine that accommodates both the rhetoric of good faith and fair dealing and the reality of judicial enforcement. Good...
Time for a Mediator’s Hippocratic Oath?
August 20, 2014
I promise to uphold the highest standards of professionalism, to possess and maintain the competence in knowledge and skill I profess to have as a mediator, and to abide by the following fundamental principles: 1. I will advise parties, before the mediation begins, which code of professional ethics will govern my conduct as their mediator, state what process will apply in the event of complaint, and provide links to both. 2. I will not accept an appointment as mediator without first disclosing...
August 20, 2014
I promise to uphold the highest standards of professionalism, to possess and maintain the competence in knowledge and skill I profess to have as a mediator, and to abide by the following fundamental principles: 1. I will advise parties, before the mediation begins, which code of professional ethics will govern my conduct as their mediator, state what process will apply in the event of complaint, and provide links to both. 2. I will not accept an appointment as mediator without first disclosing...
Employees Signed Arbitration Agreements? Are You Sure?
August 20, 2014
Employer arbitration agreements have been in the news recently, but here’s one you may not have seen coming, for simplicity’s sake alone: “Court requires proof employees signed arbitration agreement to compel arbitration.” This comes from Foley & Lardner’s Rebecca Hanson, who writes about a recent federal court decision on the Labor and Employment Law Perspectives blog. “Employers cannot rely on general policies requiring employees to sign such agreements to compel arbitration if the employees...
August 20, 2014
Employer arbitration agreements have been in the news recently, but here’s one you may not have seen coming, for simplicity’s sake alone: “Court requires proof employees signed arbitration agreement to compel arbitration.” This comes from Foley & Lardner’s Rebecca Hanson, who writes about a recent federal court decision on the Labor and Employment Law Perspectives blog. “Employers cannot rely on general policies requiring employees to sign such agreements to compel arbitration if the employees...
