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International Arbitration and Discovery Under 28 U.S.C. Section 1782
June 4, 2013
S.I. Strong, Associate Professor of Law and Senior Fellow, Center for the Study of Dispute Resolution at the University of Missouri recently authored, Discovery Under 28 U.S.C. §1782: Distinguishing International Commercial Arbitration and International Investment Arbitration, 1 Stanford Journal of Complex Litigation (2013), Forthcoming; University of Missouri School of Law Legal Studies Research Paper No. 2013-10. In her article, Professor Strong discusses the changing role of discovery requests...
June 4, 2013
S.I. Strong, Associate Professor of Law and Senior Fellow, Center for the Study of Dispute Resolution at the University of Missouri recently authored, Discovery Under 28 U.S.C. §1782: Distinguishing International Commercial Arbitration and International Investment Arbitration, 1 Stanford Journal of Complex Litigation (2013), Forthcoming; University of Missouri School of Law Legal Studies Research Paper No. 2013-10. In her article, Professor Strong discusses the changing role of discovery requests...
The Compensation Fund: Feinberg’s Back
June 4, 2013
Massachusetts Governor Deval Patrick and Boston Mayor Tom Menino have appointed Ken Feinberg to run the One Fund Boston for victims of the Boston marathon bombing. The Enterprise has an interview with Feinberg as doesMSNBC. Similar to his work in prior compensation funds, Feinberg will be holding town hall meetings with the public (today and tomorrow), and meeting privately with victims. According to The Enterprise: The final protocol and claim forms will be available on the fund’s...
June 4, 2013
Massachusetts Governor Deval Patrick and Boston Mayor Tom Menino have appointed Ken Feinberg to run the One Fund Boston for victims of the Boston marathon bombing. The Enterprise has an interview with Feinberg as doesMSNBC. Similar to his work in prior compensation funds, Feinberg will be holding town hall meetings with the public (today and tomorrow), and meeting privately with victims. According to The Enterprise: The final protocol and claim forms will be available on the fund’s...
Alternative Litigation Funding and the “Ick” Factor
June 3, 2013
Last week I was at a conference at DePaul University on Tort Law and Social Policy: A Brave New World: The Changing Face of Litigation and the Law Firm Finance. The conference was centered on Alternative Litigation Funding [ALF] - also known as Third Party Litigation Funding or Financing, Third Party Funding or Financing. ALF is when parties, unrelated to a lawsuit, provide funds to a claim holder to help fund the party’s pursuit of a potential or pending lawsuit and there is no recourse...
June 3, 2013
Last week I was at a conference at DePaul University on Tort Law and Social Policy: A Brave New World: The Changing Face of Litigation and the Law Firm Finance. The conference was centered on Alternative Litigation Funding [ALF] - also known as Third Party Litigation Funding or Financing, Third Party Funding or Financing. ALF is when parties, unrelated to a lawsuit, provide funds to a claim holder to help fund the party’s pursuit of a potential or pending lawsuit and there is no recourse...
Fifth Circuit Holds Federal Court May Enjoin Litigation of Arbitrable Claims in State Court
June 3, 2013
The Fifth Circuit Court of Appeals has held that a federal court may enjoin arbitrable state-law claims in an insurance dispute. In American Family Life Assurance Co. of Columbus v. Biles, No. 12-60235 (5th Cir. April 30, 2013), David Biles completed an application for an accident insurance policy that was underwritten by the American Family Life Assurance Co. of Columbus (“Aflac”) and included a binding arbitration clause. Less than one year after the policy became effective, Biles passed...
June 3, 2013
The Fifth Circuit Court of Appeals has held that a federal court may enjoin arbitrable state-law claims in an insurance dispute. In American Family Life Assurance Co. of Columbus v. Biles, No. 12-60235 (5th Cir. April 30, 2013), David Biles completed an application for an accident insurance policy that was underwritten by the American Family Life Assurance Co. of Columbus (“Aflac”) and included a binding arbitration clause. Less than one year after the policy became effective, Biles passed...
Legal Loop: The Latest in Android Apps for Lawyers
June 3, 2013
A while ago I wrote an article that focused on resources for Android-toting lawyers and promised that I’d follow up with...
June 3, 2013
A while ago I wrote an article that focused on resources for Android-toting lawyers and promised that I’d follow up with...
Schwab Removes Class Action Waiver from Customer Agreements
June 3, 2013
Responding to substantial pressure from regulators and the investing public, the brokerage firm Charles Schwab reversed itself...
June 3, 2013
Responding to substantial pressure from regulators and the investing public, the brokerage firm Charles Schwab reversed itself...
Arbitral Award of Perpetual License Upheld by Fifth Circuit
June 3, 2013
Once in a while it seems the people who design live-action war-based video games get into real-world non-virtual disputes...
June 3, 2013
Once in a while it seems the people who design live-action war-based video games get into real-world non-virtual disputes...
10 Reasons To Negotiate Instead Of Suing The Bastards
June 3, 2013
Now more than ever. Mediation Awareness Week. See the televised event by clicking on the image and begin at the 57-minute mark. Ten Reasons To Negotiate Resolution 1. The Los Angeles Superior Court has closed four court houses and dozens of court rooms. 2. Time is literally money (see the time value of money). 3. The law (and your lawyer) only care about relevant facts - the most important part of your dispute may well not even be addressed, let alone resolved, by a jury verdict...
June 3, 2013
Now more than ever. Mediation Awareness Week. See the televised event by clicking on the image and begin at the 57-minute mark. Ten Reasons To Negotiate Resolution 1. The Los Angeles Superior Court has closed four court houses and dozens of court rooms. 2. Time is literally money (see the time value of money). 3. The law (and your lawyer) only care about relevant facts - the most important part of your dispute may well not even be addressed, let alone resolved, by a jury verdict...
Settling Fee Dispute, Law Firm Denounces ‘E-Mail Humor’
June 2, 2013
The law firm DLA Piper has settled a fee dispute with one of its clients, resolving a case that highlighted lawyers’ e-mails that discussed overbilling the client, in one instance using the phrase “churn that bill, baby!” to describe their work. The e-mails surfaced in dueling lawsuits between DLA Piper and Adam H. Victor, an energy industry executive. After DLA Piper sued Mr. Victor for $675,000 in unpaid legal bills, Mr. Victor filed a counterclaim, accusing the law firm of a “sweeping...
June 2, 2013
The law firm DLA Piper has settled a fee dispute with one of its clients, resolving a case that highlighted lawyers’ e-mails that discussed overbilling the client, in one instance using the phrase “churn that bill, baby!” to describe their work. The e-mails surfaced in dueling lawsuits between DLA Piper and Adam H. Victor, an energy industry executive. After DLA Piper sued Mr. Victor for $675,000 in unpaid legal bills, Mr. Victor filed a counterclaim, accusing the law firm of a “sweeping...
The Other Costs of a Litigated Divorce
June 2, 2013
Collaborative lawyers are pretty good about explaining the options a person has in starting on a divorce. The old standard approach is litigation. The main alternative is Collaborative Law. Another approach, which is used by some people, is to represent themselves, which is risky. Other posts go into more detail about the dangers of representing yourself. For now, I would like to focus on the costs of litigation. The most obvious cost of litigation is the attorneys' fees and other costs...
June 2, 2013
Collaborative lawyers are pretty good about explaining the options a person has in starting on a divorce. The old standard approach is litigation. The main alternative is Collaborative Law. Another approach, which is used by some people, is to represent themselves, which is risky. Other posts go into more detail about the dangers of representing yourself. For now, I would like to focus on the costs of litigation. The most obvious cost of litigation is the attorneys' fees and other costs...
