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Appellate Arbitration Decisions
June 14, 2013
Confirming Award Mandell v. Reeve, No. 11-5238 (2d. Cir. Feb. 4, 2013) (affirming district court’s confirmation of arbitration...
June 14, 2013
Confirming Award Mandell v. Reeve, No. 11-5238 (2d. Cir. Feb. 4, 2013) (affirming district court’s confirmation of arbitration...
SEC Won’t Have Time to Tackle Issue of Mandatory Securities Arbitration
June 13, 2013
Despite increasing pressure on the SEC to exercise its Dodd-Frank-granted explicit authority to ban mandatory securities arbitration, SEC Commissioner Elisse Walter stated earlier this week, according to a report in Reuters, that the Commission won’t have time to address the issue until 2014, in light of the other mandates of Dodd-Frank. It’s a shame that the issue won’t get the regulatory attention it deserves due to lack of resources.
June 13, 2013
Despite increasing pressure on the SEC to exercise its Dodd-Frank-granted explicit authority to ban mandatory securities arbitration, SEC Commissioner Elisse Walter stated earlier this week, according to a report in Reuters, that the Commission won’t have time to address the issue until 2014, in light of the other mandates of Dodd-Frank. It’s a shame that the issue won’t get the regulatory attention it deserves due to lack of resources.
A Proposal for Handling Digital Assets After Death
June 13, 2013
Chelsea Ray (J.D. 2013, Oregon), Til Death Do Us Part: A Proposal for Handling Digital Assets After Death, 47 Real Prop. Tr. & Est. L.J. 583 (2013) (First Place, 2012 Real Property, Trust and Estate Law Section Student Writing Competition): As electronic communication continues to pervade the daily lives of modern individuals and allow us to instantaneously develop and document intellectual property, this Article questions whether states are prepared to protect these digital assets after owners'...
June 13, 2013
Chelsea Ray (J.D. 2013, Oregon), Til Death Do Us Part: A Proposal for Handling Digital Assets After Death, 47 Real Prop. Tr. & Est. L.J. 583 (2013) (First Place, 2012 Real Property, Trust and Estate Law Section Student Writing Competition): As electronic communication continues to pervade the daily lives of modern individuals and allow us to instantaneously develop and document intellectual property, this Article questions whether states are prepared to protect these digital assets after owners'...
Plaintiffs Discover Risks of Refusing to Participate in Predictive Coding Discovery
June 13, 2013
Let’s see whether it works: Discovery! Are you excited? How about this: Technology Assisted Review!! Nothing yet? How about: Predictive Coding!!! We gave you three exclamation points for that one. Are you pumped yet? Yeah, neither are we. But we're going to discuss these things anyway, in particular the way in which the court addressed them in a recent MDL decision in the hip implant litigation. In re Biomet M2A Magnum Hip Implant Prods. Liab. Litig., 2013 WL 1729682...
June 13, 2013
Let’s see whether it works: Discovery! Are you excited? How about this: Technology Assisted Review!! Nothing yet? How about: Predictive Coding!!! We gave you three exclamation points for that one. Are you pumped yet? Yeah, neither are we. But we're going to discuss these things anyway, in particular the way in which the court addressed them in a recent MDL decision in the hip implant litigation. In re Biomet M2A Magnum Hip Implant Prods. Liab. Litig., 2013 WL 1729682...
ReInvent Law London 2013: Conference Schedule TOMORROW MORNING
June 13, 2013
We have some very exciting news to share about upcoming ReInvent Law London conference: This year's event will be on June 14th, at the CBI Conference Centre in central London – 12:30pm – 6:00pm with a reception to follow. That's 6:30am Central Time. Tickets are available now for FREE, but there are a limited number of seats so reserve your place now at ReInventLawLondon.com! ReInvent Law London will be featuring 20+ speakers, including: Richard Susskind, "The Past, Present, &...
June 13, 2013
We have some very exciting news to share about upcoming ReInvent Law London conference: This year's event will be on June 14th, at the CBI Conference Centre in central London – 12:30pm – 6:00pm with a reception to follow. That's 6:30am Central Time. Tickets are available now for FREE, but there are a limited number of seats so reserve your place now at ReInventLawLondon.com! ReInvent Law London will be featuring 20+ speakers, including: Richard Susskind, "The Past, Present, &...
Patience
June 13, 2013
“They also serve, who only exchange offers.” A recent mediation experience serves to reinforce the value of patience...
June 13, 2013
“They also serve, who only exchange offers.” A recent mediation experience serves to reinforce the value of patience...
Fifth Circuit Affirms Arbitral Award for Breach of Unsigned Contract
June 13, 2013
The United States Fifth Circuit Court of Appeals has affirmed an arbitral award based upon breach of an unsigned contract. In Tricon Energy Limited v. Vinmar International, Ltd., No. 12-20100 (5th Cir. May 3, 2013), Vinmar agreed to purchase an industrial petrochemical from Tricon through the services of a broker. The parties entered into a binding agreement through the broker using three memoranda to confirm the terms of the deal. The following day, a representative for Tricon sent a Vinmar...
June 13, 2013
The United States Fifth Circuit Court of Appeals has affirmed an arbitral award based upon breach of an unsigned contract. In Tricon Energy Limited v. Vinmar International, Ltd., No. 12-20100 (5th Cir. May 3, 2013), Vinmar agreed to purchase an industrial petrochemical from Tricon through the services of a broker. The parties entered into a binding agreement through the broker using three memoranda to confirm the terms of the deal. The following day, a representative for Tricon sent a Vinmar...
Federal Judges’ Citations to Legal Scholarship
June 12, 2013
Derogating legal scholarship has become something of a sport for many, including federal judges. Chief Justice Roberts, for example, recently opined that "because law review articles are not of interest to the bench," he has trouble remembering the last law review article he read. David Schwartz (Chicago-Kent) and Lee Petherbridge (Loyola-LA) subject the general claim to data. In a series of papers the authors present findings on when an opinion (majority, dissent, or concurrence) cites to legal...
June 12, 2013
Derogating legal scholarship has become something of a sport for many, including federal judges. Chief Justice Roberts, for example, recently opined that "because law review articles are not of interest to the bench," he has trouble remembering the last law review article he read. David Schwartz (Chicago-Kent) and Lee Petherbridge (Loyola-LA) subject the general claim to data. In a series of papers the authors present findings on when an opinion (majority, dissent, or concurrence) cites to legal...
Broad Service of Suit Provision in Insurance Policy Endorsement Precludes Arbitration
June 12, 2013
In a prior post, we reported the district court’s denial of the insurer’s motion to compel arbitration in Union Electric Co. v. Aegis Energy Syndicate 1225. In that decision, the court held that a choice of law and forum selection clause agreeing “to submit to the jurisdiction of the Courts of the state of Missouri” in a policy endorsement, commonly known as a service of suit provision, prevailed over an alternative dispute resolution clause in the policy itself, and foreclosed arbitration....
June 12, 2013
In a prior post, we reported the district court’s denial of the insurer’s motion to compel arbitration in Union Electric Co. v. Aegis Energy Syndicate 1225. In that decision, the court held that a choice of law and forum selection clause agreeing “to submit to the jurisdiction of the Courts of the state of Missouri” in a policy endorsement, commonly known as a service of suit provision, prevailed over an alternative dispute resolution clause in the policy itself, and foreclosed arbitration....
New Jersey Court Compels Arbitration in Reinsurance Dispute
June 12, 2013
New Jersey Physicians United Reciprocal Exchange (“NJ Pure”) filed a complaint claiming that its reinsurer breached a 2007...
June 12, 2013
New Jersey Physicians United Reciprocal Exchange (“NJ Pure”) filed a complaint claiming that its reinsurer breached a 2007...
