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Kansas Supreme Court Launches Appellate Mediation Program
May 31, 2013
The Supreme Court of Kansas has begun a pilot program for appellate mediation in the state. The first appellate case the Court sent to mediation is a contentious school finance case that is said to implicate half the state’s budget. The state attorney general sought mediation after losing on the constitutionality of cuts to the state’s education budget, which may require additional expenditures of $500 million. Any agreement reached in mediation will have to be approved by the state legislature,...
May 31, 2013
The Supreme Court of Kansas has begun a pilot program for appellate mediation in the state. The first appellate case the Court sent to mediation is a contentious school finance case that is said to implicate half the state’s budget. The state attorney general sought mediation after losing on the constitutionality of cuts to the state’s education budget, which may require additional expenditures of $500 million. Any agreement reached in mediation will have to be approved by the state legislature,...
50% of Wealthy Find Connections with Social Media
May 31, 2013
LinkedIn reports that the wealthiest investors have adopted Social Media regularly with about 50% using LinkedIn, and “72%...
May 31, 2013
LinkedIn reports that the wealthiest investors have adopted Social Media regularly with about 50% using LinkedIn, and “72%...
An Inverse Relationship Between the Amount of Litigation and the Amount of Regulation
May 30, 2013
This leader to an article caught my eye: “In markets with little regulation, litigation soars. As regulation rises, litigation falls. Unless consumers are bound by so-called tort reform, their only recourse when harmed by an unregulated product is to sue its maker.” The quotation comes from Life Science Leader, December 2012 at 44. Those who speak and write about law departments chronically bemoan the regulatory load faced by companies. But when rules are laid down by government agencies,...
May 30, 2013
This leader to an article caught my eye: “In markets with little regulation, litigation soars. As regulation rises, litigation falls. Unless consumers are bound by so-called tort reform, their only recourse when harmed by an unregulated product is to sue its maker.” The quotation comes from Life Science Leader, December 2012 at 44. Those who speak and write about law departments chronically bemoan the regulatory load faced by companies. But when rules are laid down by government agencies,...
Citing Proportionality, Court Declines to Require Defendant to Redo Discovery Utilizing Only Predictive Coding
May 30, 2013
In re: Biomet M2a Magnum Hip Implant Prods. Liab. Litig., NO. 3:12-MD-2391 (N.D. Ind. Apr. 18, 2013) In this product liability case, Plaintiffs’ Steering Committee objected to Biomet’s reliance on keyword searching to initially reduce the volume of information it then subjected to predictive coding and sought to require Biomet to start again and to utilize only predictive coding, with plaintiffs’ input. The court concluded that Biomet’s efforts complied with its discovery obligations...
May 30, 2013
In re: Biomet M2a Magnum Hip Implant Prods. Liab. Litig., NO. 3:12-MD-2391 (N.D. Ind. Apr. 18, 2013) In this product liability case, Plaintiffs’ Steering Committee objected to Biomet’s reliance on keyword searching to initially reduce the volume of information it then subjected to predictive coding and sought to require Biomet to start again and to utilize only predictive coding, with plaintiffs’ input. The court concluded that Biomet’s efforts complied with its discovery obligations...
International Conference on Artificial Intelligence and Law (Rome 2013 – Registration is Now Open!)
May 30, 2013
As a member of the AI+Law 2013 Program Committee it is my pleasure to invite you to attend the International Conference on Artificial Intelligence and Law – Rome 2013 — June 10-14. The conference will feature the core program of peer reviewed papers, research abstracts and project demos. In addition, the conference features two days of workshops and tutorials in topics such as Computational Models of Natural Argument, Textual Extraction from Legal Resources, Machine Learning in E-Discovery,...
May 30, 2013
As a member of the AI+Law 2013 Program Committee it is my pleasure to invite you to attend the International Conference on Artificial Intelligence and Law – Rome 2013 — June 10-14. The conference will feature the core program of peer reviewed papers, research abstracts and project demos. In addition, the conference features two days of workshops and tutorials in topics such as Computational Models of Natural Argument, Textual Extraction from Legal Resources, Machine Learning in E-Discovery,...
Finding a Bottom Line – Helping Your Client Value A Case for Settlement or Mediation
May 30, 2013
The gold standard for negotiation strategy for settling cases of all kinds was set in Fisher and Ury’s Getting to Yes....
May 30, 2013
The gold standard for negotiation strategy for settling cases of all kinds was set in Fisher and Ury’s Getting to Yes....
After Blocking Mediation, Party Cannot Use Lack of Mediation to Prevent Arbitration
May 30, 2013
In confirming a foreign arbitral award, a federal court concluded that the question whether the parties’ dispute resolution...
May 30, 2013
In confirming a foreign arbitral award, a federal court concluded that the question whether the parties’ dispute resolution...
Choosing A Forum For Dispute Resolution
May 29, 2013
To the best of our knowledge, funding contracts generally require arbitration to resolve disputes. While arbitration has significant appeal, it may not always be the optimal arrangement for reasons laid out below. Therefore, the model contract defaults to New York courts as the forum for dispute resolution. Arbitration’s Appeal and Downsides Arbitration has one significant advantage over courts: secrecy (confidentiality). Even the fact of the dispute can be kept secret, which preserves...
May 29, 2013
To the best of our knowledge, funding contracts generally require arbitration to resolve disputes. While arbitration has significant appeal, it may not always be the optimal arrangement for reasons laid out below. Therefore, the model contract defaults to New York courts as the forum for dispute resolution. Arbitration’s Appeal and Downsides Arbitration has one significant advantage over courts: secrecy (confidentiality). Even the fact of the dispute can be kept secret, which preserves...
What’s in Your Will about Your Digital Assets?
May 29, 2013
Pew Research has reported that since 2002 about 92% of adults in the US use email everyday but how many people include...
May 29, 2013
Pew Research has reported that since 2002 about 92% of adults in the US use email everyday but how many people include...
More on Seiner’s Post-Dukes Advice
May 29, 2013
Another shout out for Joe Seiner's (SC) recent article, "Weathering Wal-Mart," on post-Dukes class action lawyering. Thomson-Reuters...
May 29, 2013
Another shout out for Joe Seiner's (SC) recent article, "Weathering Wal-Mart," on post-Dukes class action lawyering. Thomson-Reuters...
