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5th Anniversary of Blogging and Net Neutrality Still Unclear
August 14, 2013
On August 1, 2008 I started this blog with a discussion about a proposed Net Neutrality law pending in Congress which did not pass, but in 2012 the FCC (Federal Communications Commission) established its Net Neutrality rules called “Preserving the Open Internet, Broadband Industry Practices.” Last year Google announced it would offer its Fiber service in Kansas City, however the ToS (Terms of Service) included a provision that users should not host any type of server. In September 2012...
August 14, 2013
On August 1, 2008 I started this blog with a discussion about a proposed Net Neutrality law pending in Congress which did not pass, but in 2012 the FCC (Federal Communications Commission) established its Net Neutrality rules called “Preserving the Open Internet, Broadband Industry Practices.” Last year Google announced it would offer its Fiber service in Kansas City, however the ToS (Terms of Service) included a provision that users should not host any type of server. In September 2012...
Video Presentation – Projecting the Negotiation Process
August 14, 2013
Don Philbin demonstrates Picture It Settled® - a groundbreaking advancement in predictive analytics technology designed to more accurately project outcomes in the process of negotiation and alternative dispute resolution. Watch full presentation (11 min 24 sec)
August 14, 2013
Don Philbin demonstrates Picture It Settled® - a groundbreaking advancement in predictive analytics technology designed to more accurately project outcomes in the process of negotiation and alternative dispute resolution. Watch full presentation (11 min 24 sec)
FINRA Proposes E-Discovery Changes to its Discovery Guide for Customer Cases
August 14, 2013
The Financial Industry Regulatory Authority — better known as FINRA — has proposed changes to its Discovery Guide for customer cases that are designed to provide parties and arbitrators with greater guidance for handling e-discovery in securities arbitrations. The changes must be approved by the U.S. Securities and Exchange Commission. The proposed amendments would encourage parties to discuss the form in which they intend to produce documents and, whenever possible, to agree to the form...
August 14, 2013
The Financial Industry Regulatory Authority — better known as FINRA — has proposed changes to its Discovery Guide for customer cases that are designed to provide parties and arbitrators with greater guidance for handling e-discovery in securities arbitrations. The changes must be approved by the U.S. Securities and Exchange Commission. The proposed amendments would encourage parties to discuss the form in which they intend to produce documents and, whenever possible, to agree to the form...
Picture It Settled®’s Winning Presentation “Moneyball for Negotiation” Now Available on Video
August 14, 2013
Picture It Settled®'s Winning Presentation "Moneyball for Negotiation" Now Available on Video President Don Philbin's talk...
August 14, 2013
Picture It Settled®'s Winning Presentation "Moneyball for Negotiation" Now Available on Video President Don Philbin's talk...
Supreme Court Closes Class Action Loophole
August 14, 2013
The United States Supreme Court attempted to close the door on litigants doing an end-run around the Class Action Fairness Act (CAFA) requirement that certain class actions be filed in federal court. Some plaintiffs attempted to file class actions subject to CAFA in more favorable state court venues. The Supreme Court attempts to end this practice but its ruling may give rise to more litigation over remand and removal. Standard Fire v. Knowles. Creative Avoidance of Federal Jurisdiction CAFA...
August 14, 2013
The United States Supreme Court attempted to close the door on litigants doing an end-run around the Class Action Fairness Act (CAFA) requirement that certain class actions be filed in federal court. Some plaintiffs attempted to file class actions subject to CAFA in more favorable state court venues. The Supreme Court attempts to end this practice but its ruling may give rise to more litigation over remand and removal. Standard Fire v. Knowles. Creative Avoidance of Federal Jurisdiction CAFA...
Proposed Amendments to Federal Rules of Civil Procedure to be Published for Public Comment
August 14, 2013
At its June meeting, the Committee on Rules of Practice and Procedure (“The Standing Committee”) unanimously approved for publication and public comment proposed amendments to the Federal Rules of Civil Procedure. The proposed amendments would affect rules 1, 4, 16, 26, 30, 31, 33, 34, 36, and 37. A proposed change to Rule 84 (namely, its abrogation) may also be published for public comment. Many of the amendments are quite far reaching and would have a substantial impact, particularly...
August 14, 2013
At its June meeting, the Committee on Rules of Practice and Procedure (“The Standing Committee”) unanimously approved for publication and public comment proposed amendments to the Federal Rules of Civil Procedure. The proposed amendments would affect rules 1, 4, 16, 26, 30, 31, 33, 34, 36, and 37. A proposed change to Rule 84 (namely, its abrogation) may also be published for public comment. Many of the amendments are quite far reaching and would have a substantial impact, particularly...
Another Reason for the Bad Job Market
August 13, 2013
Between 1980 and 2005, the median age of lawyers increased from 39 to 49. ... The number of lawyers [in California] between...
August 13, 2013
Between 1980 and 2005, the median age of lawyers increased from 39 to 49. ... The number of lawyers [in California] between...
New Research Tool
August 13, 2013
There's an amazing new feature on Bloomberg BNA's Labor and Employment Law Resource Center called the "Labor and Employment...
August 13, 2013
There's an amazing new feature on Bloomberg BNA's Labor and Employment Law Resource Center called the "Labor and Employment...
Understanding the Scope of the Duty to Preserve
August 13, 2013
The important litigation hold cases are not the ones that issue monstrous sanction awards; The important cases are the ones that demonstrate the analytical framework to understand how the law works. These are the opinions that help us represent our clients in knowing what to do when litigation is reasonably anticipated. Magistrate Judge Paul Grewal’s opinion in AMC Tech., LLC v. Cisco Sys., is such a case that breaks down the duty to preserve, triggering events and the timeline of facts. I think...
August 13, 2013
The important litigation hold cases are not the ones that issue monstrous sanction awards; The important cases are the ones that demonstrate the analytical framework to understand how the law works. These are the opinions that help us represent our clients in knowing what to do when litigation is reasonably anticipated. Magistrate Judge Paul Grewal’s opinion in AMC Tech., LLC v. Cisco Sys., is such a case that breaks down the duty to preserve, triggering events and the timeline of facts. I think...
Court Finds CAFA Ambiguous, but Clear, on Attorney Fees
August 13, 2013
Class action counsel in Class Action Fairness Act (CAFA) “coupon cases” are entitled to attorney fees based only on a percentage-of-recovery value of the coupons redeemed by class members, according to the U.S. Court of Appeals for the Ninth Circuit (Ninth Circuit). The appellate court found CAFA’s text ambiguous, but a divided panel nonetheless reversed the district court’s award and concluded that Congress clearly meant to limit attorney fees in coupon cases to a portion of the value...
August 13, 2013
Class action counsel in Class Action Fairness Act (CAFA) “coupon cases” are entitled to attorney fees based only on a percentage-of-recovery value of the coupons redeemed by class members, according to the U.S. Court of Appeals for the Ninth Circuit (Ninth Circuit). The appellate court found CAFA’s text ambiguous, but a divided panel nonetheless reversed the district court’s award and concluded that Congress clearly meant to limit attorney fees in coupon cases to a portion of the value...
