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American Exceptionalism in Consumer Arbitration
June 12, 2013
Amy Schmitz, Professor of Law at the University of Colorado Law School, has authored an interesting article entitled, American Exceptionalism in Consumer Arbitration, Loyola University Chicago International Law Review, Vol. 10, No. 1, 2013; U. of Colorado Law Legal Studies Research Paper No. 13-7. In her paper, Professor Schmitz describes business-to-consumer arbitration policy in the United States and the effect it may have on cross-border disputes. Here is the abstract: “American exceptionalism”...
June 12, 2013
Amy Schmitz, Professor of Law at the University of Colorado Law School, has authored an interesting article entitled, American Exceptionalism in Consumer Arbitration, Loyola University Chicago International Law Review, Vol. 10, No. 1, 2013; U. of Colorado Law Legal Studies Research Paper No. 13-7. In her paper, Professor Schmitz describes business-to-consumer arbitration policy in the United States and the effect it may have on cross-border disputes. Here is the abstract: “American exceptionalism”...
Law Firm Engagement Letter Arbitration Clauses: A Higher Standard Required?
June 12, 2013
Should law firms be required to meet heightened standards before they are able to contract with clients to arbitrate malpractice lawsuits? If so, how high should these standards be? When lawyers and their clients (or clients and their lawyers, if you prefer) use ADR, we typically applaud them for choosing a process that is generally faster, cheaper and more satisfying than can be found in the crowded judicial system. But when lawyers stipulate to arbitration in their engagement letters with their...
June 12, 2013
Should law firms be required to meet heightened standards before they are able to contract with clients to arbitrate malpractice lawsuits? If so, how high should these standards be? When lawyers and their clients (or clients and their lawyers, if you prefer) use ADR, we typically applaud them for choosing a process that is generally faster, cheaper and more satisfying than can be found in the crowded judicial system. But when lawyers stipulate to arbitration in their engagement letters with their...
Big Law Whipped for Poor Tech Training
June 11, 2013
D. Casey Flaherty, corporate counsel at Kia Motors America, really does have good intentions as he humiliates Big Law firms about their dismal technology skills — and he is careful never to embarrass a partner. Flaherty mesmerized a standing-room-only crowd on the opening day of LegalTech West Coast at the Westin Bonaventure in Los Angeles with his electric keynote, "Raising the Bar on Technological Competence — the Outside Counsel Tech Audit." Frustrated by ridiculous bills for routine...
June 11, 2013
D. Casey Flaherty, corporate counsel at Kia Motors America, really does have good intentions as he humiliates Big Law firms about their dismal technology skills — and he is careful never to embarrass a partner. Flaherty mesmerized a standing-room-only crowd on the opening day of LegalTech West Coast at the Westin Bonaventure in Los Angeles with his electric keynote, "Raising the Bar on Technological Competence — the Outside Counsel Tech Audit." Frustrated by ridiculous bills for routine...
Psychology and Lawyering: Coalescing the Field
June 11, 2013
Friday, Feb. 21 and Saturday, Feb. 22, 2014 UNLV William S. Boyd School of Law Las Vegas, Nevada In recent years both...
June 11, 2013
Friday, Feb. 21 and Saturday, Feb. 22, 2014 UNLV William S. Boyd School of Law Las Vegas, Nevada In recent years both...
Amazon.com Asks Federal Judge to Compel Third-Party Seller Dispute to Arbitration
June 11, 2013
Seattle, Washington-based Amazon.com has reportedly asked a U.S. District Court to compel a lawsuit filed by two individuals who formerly sold third-party items using the website to arbitration. In a lawsuit filed in March, the two former sellers claim the company refused to pay them money they were owed and then closed their accounts. The former sellers asked the federal court to order Amazon to pay them the money they are allegedly due plus interest and other damages. Amazon responded...
June 11, 2013
Seattle, Washington-based Amazon.com has reportedly asked a U.S. District Court to compel a lawsuit filed by two individuals who formerly sold third-party items using the website to arbitration. In a lawsuit filed in March, the two former sellers claim the company refused to pay them money they were owed and then closed their accounts. The former sellers asked the federal court to order Amazon to pay them the money they are allegedly due plus interest and other damages. Amazon responded...
Use a Ballot to Settle Multiple Claims at the Same Time
June 11, 2013
The problem: Many cases involve multiple claims and have limited resources to divide up. For example, if several people are injured and an insurance policy has been tendered, the injured victims have to come up with a method by which a fair division of the policy proceeds can be determined. The solution: Use an old-fashioned ballot, just like in an election. While there are numerous variations, here is one simple approach: each plaintiff or his counsel will fill out a ballot (prepared by the mediator)...
June 11, 2013
The problem: Many cases involve multiple claims and have limited resources to divide up. For example, if several people are injured and an insurance policy has been tendered, the injured victims have to come up with a method by which a fair division of the policy proceeds can be determined. The solution: Use an old-fashioned ballot, just like in an election. While there are numerous variations, here is one simple approach: each plaintiff or his counsel will fill out a ballot (prepared by the mediator)...
The Relationship Is Governed By Multiple Agreements And Not All Require Arbitration; Must You Arbitrate?
June 11, 2013
In the past few months, two federal appellate courts have had to determine whether parties were bound to arbitrate claims that arose from relationships governed by multiple agreements, only some of which called for arbitration. While the courts reached different conclusions based on the facts, they both relied on the same critical inquiry: did the agreement containing arbitration create the essential relationship between the parties and would the claims necessarily refer to that agreement? If so, the claims...
June 11, 2013
In the past few months, two federal appellate courts have had to determine whether parties were bound to arbitrate claims that arose from relationships governed by multiple agreements, only some of which called for arbitration. While the courts reached different conclusions based on the facts, they both relied on the same critical inquiry: did the agreement containing arbitration create the essential relationship between the parties and would the claims necessarily refer to that agreement? If so, the claims...
TyMetrix Releases Advanced User Interface
June 10, 2013
TyMetrix, the global leader in intelligent solutions for managing the business of law, today released an advanced user interface for its global TyMetrix 360˚platform, which enables legal professionals to access and manage legal matters, invoices, claims and e-billing. The updated platform provides users with increased functionality, allowing for quicker access to important documents to make better, faster decisions, saving users time to focus on their core tasks. In addition, the platform responds...
June 10, 2013
TyMetrix, the global leader in intelligent solutions for managing the business of law, today released an advanced user interface for its global TyMetrix 360˚platform, which enables legal professionals to access and manage legal matters, invoices, claims and e-billing. The updated platform provides users with increased functionality, allowing for quicker access to important documents to make better, faster decisions, saving users time to focus on their core tasks. In addition, the platform responds...
A Data-Driven Approach to Mergers and Acquisitions
June 10, 2013
These range from complex structures such as Neural-Networks (Haykir, 1999), to simpler ones, such as Decision-Trees (Russell and Norvig, 2003), which make decisions based on a series of steps, to much more advanced quadratic programming optimization techniques.
June 10, 2013
These range from complex structures such as Neural-Networks (Haykir, 1999), to simpler ones, such as Decision-Trees (Russell and Norvig, 2003), which make decisions based on a series of steps, to much more advanced quadratic programming optimization techniques.
NLRB Defers to Arbitral Decision in Healthcare Employment Dispute
June 10, 2013
A National Labor Relations Board (NLRB) panel has declined to shift the burden to limit the effect of an arbitration award in a healthcare employment dispute. In Shands Jacksonville Med. Ctr. Inc., 359 NLRB No. 104 (Apr. 26, 2013), the NLRB’s Acting General Counsel requested that the board require an employer charged with unfair labor practices to demonstrate that an arbitral award meets the NLRB’s requirements for acceptance rather than require the General Counsel to prove that it does not. ...
June 10, 2013
A National Labor Relations Board (NLRB) panel has declined to shift the burden to limit the effect of an arbitration award in a healthcare employment dispute. In Shands Jacksonville Med. Ctr. Inc., 359 NLRB No. 104 (Apr. 26, 2013), the NLRB’s Acting General Counsel requested that the board require an employer charged with unfair labor practices to demonstrate that an arbitral award meets the NLRB’s requirements for acceptance rather than require the General Counsel to prove that it does not. ...
