Blog Archives
The Supreme Court’s Class Action Certification Trilogy
August 8, 2014
A trifecta of recent U.S. Supreme Court opinions has decisively transformed Rule 23 class certification from a pleading proceeding to a proof proceeding. The class certification hearing, post-trilogy, will essentially become a bench trial. To oppose plaintiff’s motion for class certification, persuasive legal argument alone may no longer be sufficient. Companies must develop a robust and comprehensive evidentiary record that is both admissible and persuasive. Is your company ready to defeat class...
August 8, 2014
A trifecta of recent U.S. Supreme Court opinions has decisively transformed Rule 23 class certification from a pleading proceeding to a proof proceeding. The class certification hearing, post-trilogy, will essentially become a bench trial. To oppose plaintiff’s motion for class certification, persuasive legal argument alone may no longer be sufficient. Companies must develop a robust and comprehensive evidentiary record that is both admissible and persuasive. Is your company ready to defeat class...
Commercial Arbitration and Settlement: Empirical Insights into the Roles Arbitrators Play
August 8, 2014
Thomas J. Stipanowich, Academic Director of the Straus Institute for Dispute Resolution, William H. Webster Chair in Dispute Resolution, and Professor of Law at the Pepperdine University School of Law, and Zachary P. Ulrich, Research Fellow at the Straus Institute for Dispute Resolution, recently published Commercial Arbitration and Settlement: Empirical Insights into the Roles Arbitrators Play, 6 Penn State Yearbook on Arbitration and Mediation 1 (2014); Pepperdine University Legal Studies Research...
August 8, 2014
Thomas J. Stipanowich, Academic Director of the Straus Institute for Dispute Resolution, William H. Webster Chair in Dispute Resolution, and Professor of Law at the Pepperdine University School of Law, and Zachary P. Ulrich, Research Fellow at the Straus Institute for Dispute Resolution, recently published Commercial Arbitration and Settlement: Empirical Insights into the Roles Arbitrators Play, 6 Penn State Yearbook on Arbitration and Mediation 1 (2014); Pepperdine University Legal Studies Research...
Counter the Plaintiff’s Damages Anchor (Especially When It’s Overboard)
August 7, 2014
The Question: Three Effects, Which One Wins? Social science results don't always point in the same direction. Sometimes there are conflicting effects, and the question is, "Which effect is stronger?" The three effects compared in the new study (Campbell et al., 2014) are as follows: The Anchoring Effect Will the plaintiff who requests a million for pain and suffering do better than the plaintiff who simply says "you decide"? Yes. Jurors, along with the rest of us, are strongly influenced in numerical...
August 7, 2014
The Question: Three Effects, Which One Wins? Social science results don't always point in the same direction. Sometimes there are conflicting effects, and the question is, "Which effect is stronger?" The three effects compared in the new study (Campbell et al., 2014) are as follows: The Anchoring Effect Will the plaintiff who requests a million for pain and suffering do better than the plaintiff who simply says "you decide"? Yes. Jurors, along with the rest of us, are strongly influenced in numerical...
Beware of Ultimatums When Negotiating
August 7, 2014
“Please find attached our clients’ offer for the above property. This is their best and final offer and they have asked for a decision today.” A letter received out of the blue on a Friday afternoon on behalf of clients who were interested in purchasing a house. There had been no prior indication that an offer would be forthcoming. The house in question had only recently come on the market. The response of the sellers was not positive. It felt like a gun to the head. Their immediate reaction...
August 7, 2014
“Please find attached our clients’ offer for the above property. This is their best and final offer and they have asked for a decision today.” A letter received out of the blue on a Friday afternoon on behalf of clients who were interested in purchasing a house. There had been no prior indication that an offer would be forthcoming. The house in question had only recently come on the market. The response of the sellers was not positive. It felt like a gun to the head. Their immediate reaction...
Reports Cast Wary Eye on Latin American Litigation Reform
August 7, 2014
Companies doing business in Latin America face an enhanced risk of lawsuit abuse in the region under proposed changes to the countries' court systems, according to reports from the U.S. Chamber Institute for Legal Reform released Tuesday. In "Following Each Other’s Lead: Law Reform in Latin America" and "Class Action Evolution: Improving the Litigation Climate in Brazil," the ILR found that potential judicial reforms in Argentina, Brazil and other Latin American nations could leave businesses...
August 7, 2014
Companies doing business in Latin America face an enhanced risk of lawsuit abuse in the region under proposed changes to the countries' court systems, according to reports from the U.S. Chamber Institute for Legal Reform released Tuesday. In "Following Each Other’s Lead: Law Reform in Latin America" and "Class Action Evolution: Improving the Litigation Climate in Brazil," the ILR found that potential judicial reforms in Argentina, Brazil and other Latin American nations could leave businesses...
U.S. Supreme Court Refuses to Consider Whether Arbitration Agreement Precludes Wrongful Death Case Against Nursing Home
August 7, 2014
The United States Supreme Court has reportedly denied a petition asking the court to consider whether an arbitration agreement precludes a wrongful death claim against a nursing home. Last August, the Pennsylvania Superior Court ruled in Pisano v. Extendicare that the state’s wrongful death statute creates a cause of action that is separate and independent from any personal injury claims that are properly subject to arbitration under a broad agreement that was signed by the decedent’s daughter....
August 7, 2014
The United States Supreme Court has reportedly denied a petition asking the court to consider whether an arbitration agreement precludes a wrongful death claim against a nursing home. Last August, the Pennsylvania Superior Court ruled in Pisano v. Extendicare that the state’s wrongful death statute creates a cause of action that is separate and independent from any personal injury claims that are properly subject to arbitration under a broad agreement that was signed by the decedent’s daughter....
On Facebook, Dispute Resolution Goes Live
August 7, 2014
Facebook recently faced widespread criticism for conducting a psychology experiment on about 700,000 of its users without their informed consent. In the study, Facebook researchers manipulated users’ moods by exposing them to more positive or more negative posts than usual. Now CNNMoney reports that Facebook has been engaged in a more benign and possibly beneficial psychological experiment. The company has been under pressure to address the growing problem of “cyberbullying” among young...
August 7, 2014
Facebook recently faced widespread criticism for conducting a psychology experiment on about 700,000 of its users without their informed consent. In the study, Facebook researchers manipulated users’ moods by exposing them to more positive or more negative posts than usual. Now CNNMoney reports that Facebook has been engaged in a more benign and possibly beneficial psychological experiment. The company has been under pressure to address the growing problem of “cyberbullying” among young...
Executive Order Requires New Labor Disclosures
August 6, 2014
A spate of executive orders issued by President Barack Obama in 2014 has made it an eventful year for federal contractors. From his minimum-wage hike in January to his LGBT employment protection order in July, Obama has been putting his tactic of governing by “pen and phone” to use. The latest use of this approach is the “Fair Pay and Safe Workplaces Executive Order,” signed by the president on Thursday. The order requires most federal contractors to disclose new facts about labor law violations,...
August 6, 2014
A spate of executive orders issued by President Barack Obama in 2014 has made it an eventful year for federal contractors. From his minimum-wage hike in January to his LGBT employment protection order in July, Obama has been putting his tactic of governing by “pen and phone” to use. The latest use of this approach is the “Fair Pay and Safe Workplaces Executive Order,” signed by the president on Thursday. The order requires most federal contractors to disclose new facts about labor law violations,...
Fifth Circuit: Application of Settlement Credits
August 6, 2014
Coastal Agricultural Supply, Inc. filed suit against Chase Bank, asserting claims of conversion and negligence under the Texas Uniform Commercial Code (UCC) and money had and received under the common law. Chase, as a collecting bank, accepted checks on indorsements forged by Coastal's bookkeeper. The first issue presented in this interlocutory appeal was whether § 3.405 of the UCC, a provision often called the "imposter" or the "padded payroll" rule and that places certain losses on the employer...
August 6, 2014
Coastal Agricultural Supply, Inc. filed suit against Chase Bank, asserting claims of conversion and negligence under the Texas Uniform Commercial Code (UCC) and money had and received under the common law. Chase, as a collecting bank, accepted checks on indorsements forged by Coastal's bookkeeper. The first issue presented in this interlocutory appeal was whether § 3.405 of the UCC, a provision often called the "imposter" or the "padded payroll" rule and that places certain losses on the employer...
How to Tell a Great Story
August 6, 2014
We tell stories to our coworkers and peers all the time — to persuade someone to support our project, to explain to an employee how he might improve, or to inspire a team that is facing challenges. It’s an essential skill, but what makes a compelling story in a business context? And how can you improve your ability to tell stories that persuade? What the Experts Say In our information-saturated age, business leaders “won’t be heard unless they’re telling stories,” says Nick Morgan,...
August 6, 2014
We tell stories to our coworkers and peers all the time — to persuade someone to support our project, to explain to an employee how he might improve, or to inspire a team that is facing challenges. It’s an essential skill, but what makes a compelling story in a business context? And how can you improve your ability to tell stories that persuade? What the Experts Say In our information-saturated age, business leaders “won’t be heard unless they’re telling stories,” says Nick Morgan,...
