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Gartner Says 81% of Legal Departments Are Unprepared for Digitisation
December 15, 2018
Eight out of 10 corporate legal departments are unprepared to support their organisations’ digital initiatives, according to a Gartner report out today (12 December) which analysed the impact of legal engagement and governance strategies on business outcomes. We should add that this doesn’t come as a huge surprise. Gartner studied 1,715 digital projects across industries, geographies and types, interviewed or surveyed 100+ general counsel and privacy officers, and surveyed over 100 legal...
December 15, 2018
Eight out of 10 corporate legal departments are unprepared to support their organisations’ digital initiatives, according to a Gartner report out today (12 December) which analysed the impact of legal engagement and governance strategies on business outcomes. We should add that this doesn’t come as a huge surprise. Gartner studied 1,715 digital projects across industries, geographies and types, interviewed or surveyed 100+ general counsel and privacy officers, and surveyed over 100 legal...
Empirical SCOTUS: Differences Between Judges In Arbitration Case
December 14, 2018
Take for example Epic Systems v. Lewis, argued on the first day of oral arguments for the 2017 term. The flow of this case started in the U.S. District Court for the Western District of Wisconsin, where Judge Barbara Brandriff Crabb, a Democratic appointee, denied Epic System’s motion to compel arbitration. The U.S. Court of Appeals for the 7th Circuit panel — comprised of Judges Diane Wood (Democratic appointee), Ilana Rovner (Republican appointee), and John Robert Blakey (Democratic...
December 14, 2018
Take for example Epic Systems v. Lewis, argued on the first day of oral arguments for the 2017 term. The flow of this case started in the U.S. District Court for the Western District of Wisconsin, where Judge Barbara Brandriff Crabb, a Democratic appointee, denied Epic System’s motion to compel arbitration. The U.S. Court of Appeals for the 7th Circuit panel — comprised of Judges Diane Wood (Democratic appointee), Ilana Rovner (Republican appointee), and John Robert Blakey (Democratic...
Jay-Z Successfully Convinces NY Court to Issue TRO in AAA Arbitration Based on Lack of Arbitrator Diversity
December 14, 2018
Hip-hop musician Jay-Z has successfully convinced a New York judge to temporarily halt American Arbitration Association (“AAA”) arbitration proceedings based on a lack of arbitrator diversity. In the case, Jay-Z and Iconix Brand Group entered into a $200 million merchandising agreement that required all future disputes to be resolved using AAA arbitration rules and procedures. After a disagreement arose between the parties, arbitration proceedings...
December 14, 2018
Hip-hop musician Jay-Z has successfully convinced a New York judge to temporarily halt American Arbitration Association (“AAA”) arbitration proceedings based on a lack of arbitrator diversity. In the case, Jay-Z and Iconix Brand Group entered into a $200 million merchandising agreement that required all future disputes to be resolved using AAA arbitration rules and procedures. After a disagreement arose between the parties, arbitration proceedings...
Beaumont COA Upholds $460K Legal Malpractice Arbitration Award
December 13, 2018
The Ninth District Court of Appeals at Beaumont has upheld an arbitrator’s nearly $460,000 legal malpractice award despite claims the arbitrator exceeded his authority by failing to follow Texas law. In Midani and Midani, Hinkle & Cole, LLP v. Smith, No. 09-18-00009-CV (Tex. App. – Beaumont, November 1, 2018), a woman, Smith, hired a Houston law firm, Midani, Hinkle & Cole (“MHC”), to represent her in a dental malpractice case. Smith signed a representation agreement that included...
December 13, 2018
The Ninth District Court of Appeals at Beaumont has upheld an arbitrator’s nearly $460,000 legal malpractice award despite claims the arbitrator exceeded his authority by failing to follow Texas law. In Midani and Midani, Hinkle & Cole, LLP v. Smith, No. 09-18-00009-CV (Tex. App. – Beaumont, November 1, 2018), a woman, Smith, hired a Houston law firm, Midani, Hinkle & Cole (“MHC”), to represent her in a dental malpractice case. Smith signed a representation agreement that included...
Seventh Circuit Sides With Sister Courts in Holding Availability of Class Arbitration is a Question of Arbitrability for the Courts to Decide
December 12, 2018
The United States Court of Appeals for the Seventh Circuit has issued an opinion stating the availability of class arbitration is a threshold question for the courts, not an arbitrator, to decide. In Herrington v. Waterstone Mortgage Corp., No. 17-3609 (7th Cir. Oct. 22, 2018), a woman, Herrington, filed a proposed class action lawsuit against her former employer, Waterstone Mortgage Corporation (“Waterstone”) in a Wisconsin federal court. According to Herrington,...
December 12, 2018
The United States Court of Appeals for the Seventh Circuit has issued an opinion stating the availability of class arbitration is a threshold question for the courts, not an arbitrator, to decide. In Herrington v. Waterstone Mortgage Corp., No. 17-3609 (7th Cir. Oct. 22, 2018), a woman, Herrington, filed a proposed class action lawsuit against her former employer, Waterstone Mortgage Corporation (“Waterstone”) in a Wisconsin federal court. According to Herrington,...
Fewer Marriages = Fewer Divorces
December 11, 2018
From Time: Have you heard that statistic that half of all marriages will end in divorce? It’s wrong. Even if that many marriages ever did disintegrate at one point, they don’t now. Divorce is on the decline and has been since the 1980s in America(when that 50% divorce statistic took hold). Experts now put your chances of uncoupling at about 39% in the U.S. This sounds like such promising news. Families are sticking together! But in practice, this does not mean more people are living...
December 11, 2018
From Time: Have you heard that statistic that half of all marriages will end in divorce? It’s wrong. Even if that many marriages ever did disintegrate at one point, they don’t now. Divorce is on the decline and has been since the 1980s in America(when that 50% divorce statistic took hold). Experts now put your chances of uncoupling at about 39% in the U.S. This sounds like such promising news. Families are sticking together! But in practice, this does not mean more people are living...
Arbitrators and the Interpretation of Contacts
December 11, 2018
Professor Alan Scott Rau, Mark G. & Judy G. Yudof Chair in Law at the University of Texas at Austin School of Law, has published “Arbitrators and the Interpretation of Contacts,” American Review of International Arbitration, 2019 (Forthcoming). In his scholarly paper, Professor Rau expands upon a recent presentation regarding how international arbitrators perform contract interpretation. Here is the abstract: This paper is a revised and expanded version...
December 11, 2018
Professor Alan Scott Rau, Mark G. & Judy G. Yudof Chair in Law at the University of Texas at Austin School of Law, has published “Arbitrators and the Interpretation of Contacts,” American Review of International Arbitration, 2019 (Forthcoming). In his scholarly paper, Professor Rau expands upon a recent presentation regarding how international arbitrators perform contract interpretation. Here is the abstract: This paper is a revised and expanded version...
Cyber Intrusion As the Guerrilla Tactic: An Appraisal of Historical Challenges in an Age of Technology and Big Data
December 10, 2018
Arbitrator and Mediator Edna Sussman, Principal at SussmanADR, LLC and Distinguished ADR Practitioner in Residence...
December 10, 2018
Arbitrator and Mediator Edna Sussman, Principal at SussmanADR, LLC and Distinguished ADR Practitioner in Residence...
Petitions of the Week: Another Arbitration Case
December 10, 2018
This week we highlight petitions pending before the Supreme Court that address, among other things, the reasonableness of an officer’s suspicion that the registered owner of a vehicle is the person driving the vehicle, a public school’s interest in authorizing students “who believe themselves to be members of the opposite sex” to use locker rooms and restrooms reserved exclusively for the opposite sex, and whether a federal court should abstain from resolving a request to compel arbitration...
December 10, 2018
This week we highlight petitions pending before the Supreme Court that address, among other things, the reasonableness of an officer’s suspicion that the registered owner of a vehicle is the person driving the vehicle, a public school’s interest in authorizing students “who believe themselves to be members of the opposite sex” to use locker rooms and restrooms reserved exclusively for the opposite sex, and whether a federal court should abstain from resolving a request to compel arbitration...
Lex Machina Expands Its Employment Litigation Analytics with an ERISA Module
December 9, 2018
I’ve noted in a number of posts here Lex Machina’s continuing expansion of its legal analytics into...
December 9, 2018
I’ve noted in a number of posts here Lex Machina’s continuing expansion of its legal analytics into...
