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U.S. Supreme Court Grants Certiorari in Arbitration Dispute Involving Investment Treaty
July 24, 2013
On Monday, the United States Supreme Court agreed to hear BG Group PLC v. Republic of Argentina, No. 12-138. In the case, the Republic of Argentina argued an arbitrator exceeded his authority by ignoring the terms of a bilateral investment treaty between the nation and the United Kingdom. The treaty provides that arbitration may take place only if a dispute is not resolved within 18 months of a filing in the host nation’s courts. Argentina alleged that “BG Group, PLC, a British corporation...
July 24, 2013
On Monday, the United States Supreme Court agreed to hear BG Group PLC v. Republic of Argentina, No. 12-138. In the case, the Republic of Argentina argued an arbitrator exceeded his authority by ignoring the terms of a bilateral investment treaty between the nation and the United Kingdom. The treaty provides that arbitration may take place only if a dispute is not resolved within 18 months of a filing in the host nation’s courts. Argentina alleged that “BG Group, PLC, a British corporation...
Ninth Circuit Allows Intervention to Preserve Deposition
July 24, 2013
The termination of litigation does not preclude a subsequent motion to intervene to modify a protective order. The U.S. Court of Appeals for the Ninth Circuit held that the U.S. District Court for the Central District of California did not abuse its discretion by modifying an original protective order to place the plaintiff’s deposition in escrow rather than destroying it in accordance with the original protective order’s terms. Underlying State and Federal Actions In Blum v. Merrill Lynch...
July 24, 2013
The termination of litigation does not preclude a subsequent motion to intervene to modify a protective order. The U.S. Court of Appeals for the Ninth Circuit held that the U.S. District Court for the Central District of California did not abuse its discretion by modifying an original protective order to place the plaintiff’s deposition in escrow rather than destroying it in accordance with the original protective order’s terms. Underlying State and Federal Actions In Blum v. Merrill Lynch...
Mediating Complex Cases
July 24, 2013
Mediating any case can be difficult. But complex litigation, which includes class actions and Multi-District Litigation (MDLs), presents special issues. Class actions are governed by Federal Rule 23. State class actions have been limited, but not eliminated, by the Class Action Fairness Act (CAFA). The state class actions fall under each State’s civil procedures. MDL cases are a different form of multi-party proceeding. Where class actions have all parties in one lawsuit, MDLs cases...
July 24, 2013
Mediating any case can be difficult. But complex litigation, which includes class actions and Multi-District Litigation (MDLs), presents special issues. Class actions are governed by Federal Rule 23. State class actions have been limited, but not eliminated, by the Class Action Fairness Act (CAFA). The state class actions fall under each State’s civil procedures. MDL cases are a different form of multi-party proceeding. Where class actions have all parties in one lawsuit, MDLs cases...
The Role Of Representations, Warranties And Covenants
July 24, 2013
As we’ve discussed, litigation finance contracting faces very similar challenges to venture capital finance, and with our draft model we have consciously adapted several VC solutions. One type of solution are representations, warranties and covenants, which work together to address agency and informational challenges. Such tactics can be of even greater importance to litigation financiers than in VC because of barriers imposed by the legal system, such as privilege and attorney ethics rules....
July 24, 2013
As we’ve discussed, litigation finance contracting faces very similar challenges to venture capital finance, and with our draft model we have consciously adapted several VC solutions. One type of solution are representations, warranties and covenants, which work together to address agency and informational challenges. Such tactics can be of even greater importance to litigation financiers than in VC because of barriers imposed by the legal system, such as privilege and attorney ethics rules....
Modria Closes New Investment Round to Fuel Expansion
July 23, 2013
Modria today announced it has closed a $5 million dollar Series A investment round led by Foundry Group. As part of Modria’s expansion, J. Scott Carr has joined Modria as president and CEO. The Modria platform is the leading online dispute resolution system in the world, enabling businesses and government agencies of any size to resolve customer problems swiftly and fairly. Its proven, scalable cloud-based technology brings all parties involved in a dispute to the table quickly and efficiently,...
July 23, 2013
Modria today announced it has closed a $5 million dollar Series A investment round led by Foundry Group. As part of Modria’s expansion, J. Scott Carr has joined Modria as president and CEO. The Modria platform is the leading online dispute resolution system in the world, enabling businesses and government agencies of any size to resolve customer problems swiftly and fairly. Its proven, scalable cloud-based technology brings all parties involved in a dispute to the table quickly and efficiently,...
Florida’s Economic Loss Rule Limited to Products Liability Cases
July 23, 2013
Florida’s economic loss rule—a state-specific rule that bars tort actions if the only damages alleged are economic—is now limited to products liability cases, a divided Florida Supreme Court held in Tiara Condominium Ass’n, Inc. v. Marsh & McLennan Co., Inc. [PDF]. Issue Presented Tiara came before the Florida Supreme Court on a certified question from the U.S. Court of Appeals for the Eleventh Circuit. The issue presented was whether, under Florida law, the economic loss rule,...
July 23, 2013
Florida’s economic loss rule—a state-specific rule that bars tort actions if the only damages alleged are economic—is now limited to products liability cases, a divided Florida Supreme Court held in Tiara Condominium Ass’n, Inc. v. Marsh & McLennan Co., Inc. [PDF]. Issue Presented Tiara came before the Florida Supreme Court on a certified question from the U.S. Court of Appeals for the Eleventh Circuit. The issue presented was whether, under Florida law, the economic loss rule,...
From the Spring 2013 DR Magazine: Welsh and Lipsky
July 23, 2013
This Spring’s Dispute Resolution Magazine is filled with great articles exploring whether and how we should regulate ADR. Among these articles is a piece by Nancy Welsh (Penn St.) and David Lipsky (Cornell) called, “‘Moving the Ball Forward’ in Consumer and Employment Dispute Resolution: What Can Planning, Talking, Listening and Breaking Bread Together Accomplish?” I found this piece particularly striking as an example of the value of learning conversations. The article starts off with...
July 23, 2013
This Spring’s Dispute Resolution Magazine is filled with great articles exploring whether and how we should regulate ADR. Among these articles is a piece by Nancy Welsh (Penn St.) and David Lipsky (Cornell) called, “‘Moving the Ball Forward’ in Consumer and Employment Dispute Resolution: What Can Planning, Talking, Listening and Breaking Bread Together Accomplish?” I found this piece particularly striking as an example of the value of learning conversations. The article starts off with...
Could Baker & McKenzie Have Saved $150 Million Last Year?
July 23, 2013
Proper technology, process, and training could have saved Baker & McKenzie clients $150 million last year. That is my utterly...
July 23, 2013
Proper technology, process, and training could have saved Baker & McKenzie clients $150 million last year. That is my utterly...
Thoughts on the Constitutionality of the Delaware Arbitration Program
July 23, 2013
This is the final installment in a three-part overview of Pepperdine University School of Law Professor Thomas Stipanowich’s newly published paper entitled “In Quest of the Arbitration Trifecta, or Closed Door Litigation?: The Delaware Arbitration Program,” Journal of Business, Entrepreneurship and the Law, Forthcoming; Pepperdine University Legal Studies Research Paper No. 2013/10. Part One provided a brief overview of the Delaware Arbitration Program. Part Two discussed a constitutional...
July 23, 2013
This is the final installment in a three-part overview of Pepperdine University School of Law Professor Thomas Stipanowich’s newly published paper entitled “In Quest of the Arbitration Trifecta, or Closed Door Litigation?: The Delaware Arbitration Program,” Journal of Business, Entrepreneurship and the Law, Forthcoming; Pepperdine University Legal Studies Research Paper No. 2013/10. Part One provided a brief overview of the Delaware Arbitration Program. Part Two discussed a constitutional...
Request for Proposals for the ABA DR Section Spring Conference
July 22, 2013
It seems so early for this announcement, but it is upon us. The ABA Section on Dispute Resolution is seeking proposals...
July 22, 2013
It seems so early for this announcement, but it is upon us. The ABA Section on Dispute Resolution is seeking proposals...
