Texas’ First Court of Appeals in Houston has affirmed a trial court’s decision to confirm an arbitration panel’s damages award in an oil and gas exploration and production dispute. In Forest Oil Corp. v. El Rucio Land and Cattle Co., Inc., et al., No. 01-13-00040-CV (Tex. App. – Houston [1st Dist.], July 24, 2014), a property owner, McAllen, sued Forest Oil Corporation over the alleged environmental damage the company caused to his ranch. According to McAllen, Forest Oil contaminated the soil...
If your company is headed to a mediation, you’re in good company. A recent study of more than 350 Fortune 1000 companies showed that nearly all of them have used mediation in the last three years to resolve a dispute. Compared to other dispute resolution mechanisms, mediation can be attractive for any number of reasons, not the least of which is that you are the master of your own fate and you have the opportunity to resolve matters early on—privately and without the extended costs and risks...
We think of stories as a wildly creative art form but within that creativity and that diversity there is a lot of conformity. Stories are very predictable. No matter where you go in the world, no matter how different people seem, no matter how hard their lives are, people tell stories, universally, and universally the stories are more or less like ours: the same basic human obsessions, and the same basic structure. The structure comes down to: stories have a character, the character has a predicament...
A recent ALM article, "Sea Change in GC Role Requires New Competencies," by E. Leigh Dance, got me thinking. I agree with Dance on the competencies required of a general counsel, except for one thing.
The article could have been written 30 years ago. The same skills have been required for a long time because some aspects of the general counsel's responsibilities haven’t changed. But some have, and this is where some GCs need to focus to ensure that they have the appropriate skills for the job—in...
The Supreme Court of Texas declined to review a fraud case stemming from an arbitration proceeding. In Patten et al. v. Johnson et al., No. 14-0433, a JAMS arbitrator issued an award in favor of Johnson over a business dispute with Patten. Later, that award was vacated due to an undisclosed relationship between the arbitrator and Johnson and a new arbitration was conducted. After Patten prevailed at the new arbitral hearing, he filed a complaint for fraud against Johnson, the law firm of Fish...
For anyone interested in legal technology or access to justice, possibly the most interesting event during the annual meeting is its first-ever hackathon, sponsored by the ABA Journal and Suffolk University Law School. If you are not familiar with the term, a hackathon is an event in which groups of people compete in teams to develop computer or mobile applications.
The theme of this hackathon is Hackcess to Justice – and there is prize money to be had. A total of $3,000 will be awarded to the top three...