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Can Super Mario Save Artificial Intelligence?
April 23, 2013
Human brains are remarkably inefficient in some key ways: our memories are lousy; our grasp of logic is shallow, and our capacity...
April 23, 2013
Human brains are remarkably inefficient in some key ways: our memories are lousy; our grasp of logic is shallow, and our capacity...
Choice of Law Provision Rendered Arbitration Agreement Unenforceable
April 23, 2013
Employee could not be compelled to arbitrate an employment discrimination claim brought under California statute where the arbitration clause was part of a contract that parties agreed be "construed in accordance with the internal substantive laws of The Commonwealth of Massachusetts," and the agreement did not clearly and unmistakably state that statutory discrimination claims were subject to the arbitration clause, as required by Massachusetts law. Defendants, Bingham McCutchen LLP,...
April 23, 2013
Employee could not be compelled to arbitrate an employment discrimination claim brought under California statute where the arbitration clause was part of a contract that parties agreed be "construed in accordance with the internal substantive laws of The Commonwealth of Massachusetts," and the agreement did not clearly and unmistakably state that statutory discrimination claims were subject to the arbitration clause, as required by Massachusetts law. Defendants, Bingham McCutchen LLP,...
U.S. & International Arbitration 2013
April 23, 2013
Four times in the past 15 months the Supreme Court has struck down lower court attempts to limit the impact of the Federal Arbitration Act (FAA) by allowing recourse to the courts — on three of those occasions issuing per curiam orders vacating state court decisions for ignoring Supreme Court precedent. Nitro-Lift Techs. v. Howard, 133 S. Ct. 500 (2012) (Oklahoma); Marmet Health Care Ctr. v. Brown, 132 S. Ct. 1201 (2012) (West Virginia); KPMG LLP v. Cocchi, 132 S. Ct. 23 (2011) (Florida);...
April 23, 2013
Four times in the past 15 months the Supreme Court has struck down lower court attempts to limit the impact of the Federal Arbitration Act (FAA) by allowing recourse to the courts — on three of those occasions issuing per curiam orders vacating state court decisions for ignoring Supreme Court precedent. Nitro-Lift Techs. v. Howard, 133 S. Ct. 500 (2012) (Oklahoma); Marmet Health Care Ctr. v. Brown, 132 S. Ct. 1201 (2012) (West Virginia); KPMG LLP v. Cocchi, 132 S. Ct. 23 (2011) (Florida);...
Houston Appeals Court Finds Arbitrator Exceeded His Authority in Case Against Non-Signatory
April 23, 2013
Houston’s First Appellate District has stated an arbitrator exceeded his authority when he determined that a non-signatory to an arbitration agreement was bound to arbitrate under the agreement. In Elgohary v. Herrera, No. 01-11-00550-CV (Tex. App. 1st March 5, 2013), Victor S. Elgohary entered into a written employment agreement with Herrera Partners, L.P., a Texas Limited Partnership with Gilbert A. Herrera as the limited partner. The employment agreement contained a clause that required...
April 23, 2013
Houston’s First Appellate District has stated an arbitrator exceeded his authority when he determined that a non-signatory to an arbitration agreement was bound to arbitrate under the agreement. In Elgohary v. Herrera, No. 01-11-00550-CV (Tex. App. 1st March 5, 2013), Victor S. Elgohary entered into a written employment agreement with Herrera Partners, L.P., a Texas Limited Partnership with Gilbert A. Herrera as the limited partner. The employment agreement contained a clause that required...
SCOTUS Struggles With Standard Of Review For Arbitrator’s Decision To Allow Class Arbitration
April 23, 2013
While the oral argument before the United States Supreme Court in Sutter today was ostensibly about whether to affirm an arbitrator’s decision that the parties’ contract authorized class arbitration, the decision really turns on how the Court will review all arbitration decisions. (Transcript here.) Multiple Justices expressed an unwillingness to create a special standard for reviewing arbitrator decisions involving class arbitration. (Info on the underlying case here.) Appellant’s...
April 23, 2013
While the oral argument before the United States Supreme Court in Sutter today was ostensibly about whether to affirm an arbitrator’s decision that the parties’ contract authorized class arbitration, the decision really turns on how the Court will review all arbitration decisions. (Transcript here.) Multiple Justices expressed an unwillingness to create a special standard for reviewing arbitrator decisions involving class arbitration. (Info on the underlying case here.) Appellant’s...
Law Enforcement Requests Report from Microsoft
April 22, 2013
World-wide law enforcement agencies requested information regarding 137,424 Microsoft and Skype accounts in 2012 based 75,378 requests for customer information. Microsoft’s General Counsel Brad Smith blogged that the Microsoft’s first Law Enforcement Report includes customer requests for: Skype, Hotmail, Outlook.com, SkyDrive, Xbox LIVE, Microsoft Account, and Office 365. In an effort of transparency the Report disclosed that approximately 79.8% of requests to Microsoft resulted in the disclosure...
April 22, 2013
World-wide law enforcement agencies requested information regarding 137,424 Microsoft and Skype accounts in 2012 based 75,378 requests for customer information. Microsoft’s General Counsel Brad Smith blogged that the Microsoft’s first Law Enforcement Report includes customer requests for: Skype, Hotmail, Outlook.com, SkyDrive, Xbox LIVE, Microsoft Account, and Office 365. In an effort of transparency the Report disclosed that approximately 79.8% of requests to Microsoft resulted in the disclosure...
Internet Ranting and the Myth of Catharsis
April 22, 2013
The idea that “venting” anger has a beneficial cathartic effect is well entrenched in modern culture. Belief in the value of venting has manifested in the online world in the form of “rant” sites (e.g. Rant Rampage) where people not only get to freely express their vitriol, they can also read and comment on rants left by other venters. However, decades of research have shown that venting, far from releasing anger, actually makes it worse. Not surprisingly, a recent study has shown that online...
April 22, 2013
The idea that “venting” anger has a beneficial cathartic effect is well entrenched in modern culture. Belief in the value of venting has manifested in the online world in the form of “rant” sites (e.g. Rant Rampage) where people not only get to freely express their vitriol, they can also read and comment on rants left by other venters. However, decades of research have shown that venting, far from releasing anger, actually makes it worse. Not surprisingly, a recent study has shown that online...
Arbitration Update
April 22, 2013
In this edition, we cover new arbitration issues recently decided by the United States Court of Appeals for the Fifth Circuit,...
April 22, 2013
In this edition, we cover new arbitration issues recently decided by the United States Court of Appeals for the Fifth Circuit,...
Picture It Settled® at Section of Litigation Annual CLE Conference
April 22, 2013
Picture It Settled® will be on display at the ABA Section of Litigation CLE Conference in Chicago this week. For more information...
April 22, 2013
Picture It Settled® will be on display at the ABA Section of Litigation CLE Conference in Chicago this week. For more information...
The 2013 Texas Legislative Session “Half-Time” Report
April 22, 2013
Every two years, the Texas Legislature convenes for approximately five months. The 83rd legislative general session was gaveled to a start at noon on Tuesday, January 8, 2013, and the 140 day clock is now running. The last day to file legislation was March 8, 2013. It has been estimated that about 6,000 bills were introduced during the current session — some 4,000 in the House and 2,000 in the Senate. The enactment rate for new legislation is generally under 10 percent. The Texas Attorney-Mediators...
April 22, 2013
Every two years, the Texas Legislature convenes for approximately five months. The 83rd legislative general session was gaveled to a start at noon on Tuesday, January 8, 2013, and the 140 day clock is now running. The last day to file legislation was March 8, 2013. It has been estimated that about 6,000 bills were introduced during the current session — some 4,000 in the House and 2,000 in the Senate. The enactment rate for new legislation is generally under 10 percent. The Texas Attorney-Mediators...
