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The Need For And The Potential Role Of Reputation Markets In Litigation Finance
August 1, 2013
Although litigation finance parallels venture capital finance in many ways, one major marketplace difference is the (current) lack of reputation markets in the litigation finance world. Reputation is valuable for funders seeking to differentiate themselves in a marketplace that is increasing in competitiveness and sophistication. It is important for plaintiffs and their lawyers as they seek to compare their financing options. It is important for investors seeking to invest their funds in a litigation...
August 1, 2013
Although litigation finance parallels venture capital finance in many ways, one major marketplace difference is the (current) lack of reputation markets in the litigation finance world. Reputation is valuable for funders seeking to differentiate themselves in a marketplace that is increasing in competitiveness and sophistication. It is important for plaintiffs and their lawyers as they seek to compare their financing options. It is important for investors seeking to invest their funds in a litigation...
When Should You Choose JAMS, AAA or CPR Rules?
August 1, 2013
Liz Kramer at Arbitration Nation has written a helpful blog post entitled ArbitrationNation Roadmap: When Should You Choose JAMS, AAA or CPR Rules?. In the post, Ms. Kramer discusses how best to decide which arbitration rules should be used for a particular commercial arbitration clause based upon the specific needs of the parties. She also provides readers with a brief comparison between the American Arbitration Association (AAA), the International Institute for Conflict Prevention & Resolution...
August 1, 2013
Liz Kramer at Arbitration Nation has written a helpful blog post entitled ArbitrationNation Roadmap: When Should You Choose JAMS, AAA or CPR Rules?. In the post, Ms. Kramer discusses how best to decide which arbitration rules should be used for a particular commercial arbitration clause based upon the specific needs of the parties. She also provides readers with a brief comparison between the American Arbitration Association (AAA), the International Institute for Conflict Prevention & Resolution...
California Court Upholds Arbitration Provision Invoked by Non-Signatory
August 1, 2013
In a dispute alleging violations of the Telephone Consumer Protection Act related to attempts to collect on a credit card debt, defendants moved to compel arbitration. Although defendants were not signatories to the agreement containing the arbitration provision, the court found the defendants had standing to compel arbitration because the language of the agreement was broad enough to include them. The arbitration provision governed ‘[a]ny claim, dispute or controversy . . no matter by or against...
August 1, 2013
In a dispute alleging violations of the Telephone Consumer Protection Act related to attempts to collect on a credit card debt, defendants moved to compel arbitration. Although defendants were not signatories to the agreement containing the arbitration provision, the court found the defendants had standing to compel arbitration because the language of the agreement was broad enough to include them. The arbitration provision governed ‘[a]ny claim, dispute or controversy . . no matter by or against...
The Mediation Solution
August 1, 2013
Two Business Law Professors at the University of San Diego just published a thoughtful article entitled The Mediation Solution, BizEd July / August 2013; AACSB International, pp. 58-59, which discusses mediation in the post-secondary educational system. According to Professors Michelle O’Connor-Ratcliff and Richard E. Custin, the often beneficial role of mediation and other alternative dispute resolution mechanisms in business are unfortunately all but ignored by business law programs at universities...
August 1, 2013
Two Business Law Professors at the University of San Diego just published a thoughtful article entitled The Mediation Solution, BizEd July / August 2013; AACSB International, pp. 58-59, which discusses mediation in the post-secondary educational system. According to Professors Michelle O’Connor-Ratcliff and Richard E. Custin, the often beneficial role of mediation and other alternative dispute resolution mechanisms in business are unfortunately all but ignored by business law programs at universities...
San Antonio COA Refuses to Compel Nursing Home Negligence Case to Arbitration
August 1, 2013
Texas’ Fourth District Court of Appeals in San Antonio has refused to compel a nursing home health care liability lawsuit...
August 1, 2013
Texas’ Fourth District Court of Appeals in San Antonio has refused to compel a nursing home health care liability lawsuit...
The Third Wave Of Litigation Finance: Litigation Finance As Corporate Finance
July 31, 2013
In an earlier post, we discussed the distinction between financing commercial litigation in order to provide access to justice versus funding as a tool of corporate finance. Today, we provide some examples of how funders are now marketing litigation funding in precisely this manner. Whereas law lending in consumer cases (such as personal injuries) and funding of patents were the paradigm of the first wave of litigation funding, and access to justice in small-business-versus-large-business (now described...
July 31, 2013
In an earlier post, we discussed the distinction between financing commercial litigation in order to provide access to justice versus funding as a tool of corporate finance. Today, we provide some examples of how funders are now marketing litigation funding in precisely this manner. Whereas law lending in consumer cases (such as personal injuries) and funding of patents were the paradigm of the first wave of litigation funding, and access to justice in small-business-versus-large-business (now described...
Disruptive Technologies: Advances That Will Transform Life, Business, and the Global Economy
July 31, 2013
Interesting blog post about New York Times Article on McKinsey & Company report.
July 31, 2013
Interesting blog post about New York Times Article on McKinsey & Company report.
SCOTUS Reaffirms Manifest Disregard of the Agreement Outcome Review Standard and Elaborates on Its Scope
July 31, 2013
On June 10, 2013 the U.S. Supreme Court in Oxford Health Plans LLC v. Sutter, No. 12-135, slip op. at 4-5 (U.S. June 10, 2013) (Kagan, J.), unanimously reaffirmed that Section 10(a)(4) of the FAA authorizes courts to vacate awards that are not even arguably based on an interpretation of the parties’ agreement. While the Court broke no new ground, Associate Justice Elena Kagan’s well-written opinion—together with Associate Justice Samuel A. Alito’s opinion in Stolt-Nielsen, S.A. v. AnimalFeeds...
July 31, 2013
On June 10, 2013 the U.S. Supreme Court in Oxford Health Plans LLC v. Sutter, No. 12-135, slip op. at 4-5 (U.S. June 10, 2013) (Kagan, J.), unanimously reaffirmed that Section 10(a)(4) of the FAA authorizes courts to vacate awards that are not even arguably based on an interpretation of the parties’ agreement. While the Court broke no new ground, Associate Justice Elena Kagan’s well-written opinion—together with Associate Justice Samuel A. Alito’s opinion in Stolt-Nielsen, S.A. v. AnimalFeeds...
Mediation in NFL Concussion Lawsuit
July 31, 2013
Last winter, Rick Weiler and I posted comments on this blog on a mediation success story when the NHL Lockout dispute was successfully resolved. Reporting on the commencement of that mediation, Rick wrote: “one thing for sure, given hockey’s near sacred status in Canada, all eyes will be on this mediation. It may provide a very high profile example of the value of the mediation process.” The mediation was indeed successful and attracted a considerable amount of public attention and interest...
July 31, 2013
Last winter, Rick Weiler and I posted comments on this blog on a mediation success story when the NHL Lockout dispute was successfully resolved. Reporting on the commencement of that mediation, Rick wrote: “one thing for sure, given hockey’s near sacred status in Canada, all eyes will be on this mediation. It may provide a very high profile example of the value of the mediation process.” The mediation was indeed successful and attracted a considerable amount of public attention and interest...
U.S. Supreme Court Considering Petition for Certiorari in Dispute Over How to Define “Arbitration”
July 31, 2013
A petition for certiorari in an arbitration case that was decided earlier this year by the Second Circuit Court of Appeals...
July 31, 2013
A petition for certiorari in an arbitration case that was decided earlier this year by the Second Circuit Court of Appeals...
