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Houston’s First District Refuses to Compel Lease Dispute to Arbitration
May 2, 2013
Houston’s First Court of Appeals has affirmed a trial court’s order refusing to compel a lease dispute to arbitration. In Speedemissions, Inc. v. Bear Gate, L.P., 01-12-00431-CV (Tex. App.–Hous. [1st Dist.] Apr. 4, 2013), Speedemissions, Inc. purchased six Mr. Sticker vehicle inspection stations in Houston, Texas from David, Barbara, and Grant Smith (the “Smiths”). The company also sought to lease the real property on which two of the inspection stations operated from the Smiths. ...
May 2, 2013
Houston’s First Court of Appeals has affirmed a trial court’s order refusing to compel a lease dispute to arbitration. In Speedemissions, Inc. v. Bear Gate, L.P., 01-12-00431-CV (Tex. App.–Hous. [1st Dist.] Apr. 4, 2013), Speedemissions, Inc. purchased six Mr. Sticker vehicle inspection stations in Houston, Texas from David, Barbara, and Grant Smith (the “Smiths”). The company also sought to lease the real property on which two of the inspection stations operated from the Smiths. ...
Using Fear and Guilt to Persuade
May 2, 2013
James Stark and Douglas Frenkel have published Using Fear and Guilt to Persuade: What Might Empirical Research Tell Mediators? in...
May 2, 2013
James Stark and Douglas Frenkel have published Using Fear and Guilt to Persuade: What Might Empirical Research Tell Mediators? in...
Fourth Circuit Sends Franchisee To Individual Arbitration, Expands Application of Concepcion
May 2, 2013
The Fourth Circuit issued a bold new arbitration decision last week, sending a putative class of shuttle drivers to arbitration while expanding its application of SCOTUS’ Concepcion decision beyond cases involving federal preemption of state arbitration law. Muriithi v. Shuttle Express, Inc., __ F.3d __, 2013 WL 1287859 (4thCir. 2013). Muriithi was a driver for an airport shuttle service who signed a franchise agreement containing an arbitration clause. The franchise agreement required...
May 2, 2013
The Fourth Circuit issued a bold new arbitration decision last week, sending a putative class of shuttle drivers to arbitration while expanding its application of SCOTUS’ Concepcion decision beyond cases involving federal preemption of state arbitration law. Muriithi v. Shuttle Express, Inc., __ F.3d __, 2013 WL 1287859 (4thCir. 2013). Muriithi was a driver for an airport shuttle service who signed a franchise agreement containing an arbitration clause. The franchise agreement required...
Litigation Finance: The Next Hot Trend?
May 2, 2013
If you’re a former Supreme Court clerk, the legal world is your oyster. In the words of one observer, “Supreme Court clerkships have become the Willy Wonka golden tickets of the legal profession. So many top-shelf opportunities within the law, such as tenure-track professorships and jobs in the SG’s office, [are] reserved for members of the Elect.” If you work at a hedge fund, maybe after a stint at Goldman Sachs or a similarly elite investment bank, you’re the Wall Street version...
May 2, 2013
If you’re a former Supreme Court clerk, the legal world is your oyster. In the words of one observer, “Supreme Court clerkships have become the Willy Wonka golden tickets of the legal profession. So many top-shelf opportunities within the law, such as tenure-track professorships and jobs in the SG’s office, [are] reserved for members of the Elect.” If you work at a hedge fund, maybe after a stint at Goldman Sachs or a similarly elite investment bank, you’re the Wall Street version...
Another Litigation Finance Firm Opens Its Doors
May 1, 2013
Three prominent lawyers and a hedge-fund manager have launched a Chicago-based litigation financing company with $100 million in capital. Forming Gerchen Keller Capital LLC, an investment firm focused on large-scale commercial litigation, are Adam Gerchen, Ashley Keller, Travis Lenkner and Terry Carlson. Gerchen, the company's chief executive officer, was portfolio manager at hedge fund Alyeska Investment Group L.P. and an investment banker at Goldman, Sachs & Co. He earned his law degree...
May 1, 2013
Three prominent lawyers and a hedge-fund manager have launched a Chicago-based litigation financing company with $100 million in capital. Forming Gerchen Keller Capital LLC, an investment firm focused on large-scale commercial litigation, are Adam Gerchen, Ashley Keller, Travis Lenkner and Terry Carlson. Gerchen, the company's chief executive officer, was portfolio manager at hedge fund Alyeska Investment Group L.P. and an investment banker at Goldman, Sachs & Co. He earned his law degree...
Price Effects and the Commerce Clause: The Case of State Wine Shipping Laws
May 1, 2013
In the wake of Granholm v. Heald, numerous states passed new laws to regulate interstate direct shipment of alcohol that would seem to contradict the spirit, if not the explicit content, of the Commerce Clause. We build on existing scholarship analyzing the empirical impacts of direct shipment barriers to identify how these new laws are likely to influence local market conditions. Drawing on new data that measure posted winery prices and aggregate production levels in 2002 and 2004, we demonstrate...
May 1, 2013
In the wake of Granholm v. Heald, numerous states passed new laws to regulate interstate direct shipment of alcohol that would seem to contradict the spirit, if not the explicit content, of the Commerce Clause. We build on existing scholarship analyzing the empirical impacts of direct shipment barriers to identify how these new laws are likely to influence local market conditions. Drawing on new data that measure posted winery prices and aggregate production levels in 2002 and 2004, we demonstrate...
3 Ways to Avoid Decision Quicksand
May 1, 2013
We often get sucked into trivial decisions. Here are 3 ways to avoid this painful phenomenon. Have you ever agonized over which restaurant entrée to order? Which shade of white to paint the kitchen? Which flight to purchase? If so, you’re not alone. You’ve been caught in something my colleague and I call “Decision Quicksand.” Not only does it lead to wasted time, it also makes people unhappy and less satisfied with choice. It starts simply enough. You’re choosing a vacation...
May 1, 2013
We often get sucked into trivial decisions. Here are 3 ways to avoid this painful phenomenon. Have you ever agonized over which restaurant entrée to order? Which shade of white to paint the kitchen? Which flight to purchase? If so, you’re not alone. You’ve been caught in something my colleague and I call “Decision Quicksand.” Not only does it lead to wasted time, it also makes people unhappy and less satisfied with choice. It starts simply enough. You’re choosing a vacation...
Part Two: Preparing for the 2011 Fortune 1,000 Survey of Corporate Counsel
May 1, 2013
As alternative dispute resolution quietly integrated into conflict resolution practices previously dominated by litigation,...
May 1, 2013
As alternative dispute resolution quietly integrated into conflict resolution practices previously dominated by litigation,...
Part One: A Brief History of ADR and Corporate Perception
May 1, 2013
Part One: A Brief History of ADR and Corporate Perception The history of Alternative Dispute Resolution in the last fifty years has seen much change. According to Thomas Stipanowich and Ryan Lamare’s research, much of out-of-court conflict resolution from the 1950s-1980s was represented by binding arbitration. Motivated by cost savings and speedy resolution, as studies have illustrated, the arbitration process was perceived as an effective alternative to litigation. They do note that during this...
May 1, 2013
Part One: A Brief History of ADR and Corporate Perception The history of Alternative Dispute Resolution in the last fifty years has seen much change. According to Thomas Stipanowich and Ryan Lamare’s research, much of out-of-court conflict resolution from the 1950s-1980s was represented by binding arbitration. Motivated by cost savings and speedy resolution, as studies have illustrated, the arbitration process was perceived as an effective alternative to litigation. They do note that during this...
Making Claims Data Actionable for Litigation Management
April 30, 2013
Claims organizations are sitting on a treasure trove of data and information, but making it actionable can sometimes be a challenge. This is especially true when dealing with litigation management. Insurance companies already have great experience making data actionable through their work on the underwriting side – it’s really just a matter of time, knowledge and guidance before they learn to apply the same savvy to litigation management. The challenges of litigation management never change: •...
April 30, 2013
Claims organizations are sitting on a treasure trove of data and information, but making it actionable can sometimes be a challenge. This is especially true when dealing with litigation management. Insurance companies already have great experience making data actionable through their work on the underwriting side – it’s really just a matter of time, knowledge and guidance before they learn to apply the same savvy to litigation management. The challenges of litigation management never change: •...
