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Reality bytes: New ABA rules require you to get with tech program—like it or not
April 20, 2013
No excuses, attorneys. It’s time to add boning up on the latest technology to your to-do list. That’s the only way to fulfill the requirements of six resolutions the ABA House of Delegates adopted in August to amend the association’s Model Rules of Professional Conduct. Among every lawyer’s new duties: keeping up with technology relevant to the client and the representation, and protecting electronically stored confidential client information. Seems straightforward enough. But it’ll...
April 20, 2013
No excuses, attorneys. It’s time to add boning up on the latest technology to your to-do list. That’s the only way to fulfill the requirements of six resolutions the ABA House of Delegates adopted in August to amend the association’s Model Rules of Professional Conduct. Among every lawyer’s new duties: keeping up with technology relevant to the client and the representation, and protecting electronically stored confidential client information. Seems straightforward enough. But it’ll...
Supreme Court Upholds Employer’s Strategy of Picking Off Lead Plaintiff in FLSA Collective Action
April 20, 2013
In another highly anticipated decision of this term, the United States Supreme Court today upheld the dismissal of a collective action under the Fair Labor Standards Act because the lead plaintiff had been offered and declined an offer of full relief; thus leaving the trial court without subject matter jurisdiction to hear the matter. In a 5-4 decision, Justice Thomas reversed the Third Circuit’s position that despite the individual claim being moot, the remaining collective action was still viable....
April 20, 2013
In another highly anticipated decision of this term, the United States Supreme Court today upheld the dismissal of a collective action under the Fair Labor Standards Act because the lead plaintiff had been offered and declined an offer of full relief; thus leaving the trial court without subject matter jurisdiction to hear the matter. In a 5-4 decision, Justice Thomas reversed the Third Circuit’s position that despite the individual claim being moot, the remaining collective action was still viable....
Learning from Big Data: 40 Million Entities in Context
April 20, 2013
When someone mentions Mercury, are they talking about the planet, the god, the car, the element, Freddie, or one of some 89...
April 20, 2013
When someone mentions Mercury, are they talking about the planet, the god, the car, the element, Freddie, or one of some 89...
Could we soon be teaching Bloomberg instead of Wexis?
April 20, 2013
We've blogged before about how Bloomberg law is intent on nothing short of world domination in the commercial legal research...
April 20, 2013
We've blogged before about how Bloomberg law is intent on nothing short of world domination in the commercial legal research...
John Hancock and Allstate Close Down Structured Settlements
April 19, 2013
What is next for the structured settlement profession now that two of the major life insurance markets that underwrote structured settlements announced this week that they would be shutting their structured settlement departments? In the case of John Hancock, I have long wondered how long they would stay in the structured settlement market once they were acquired by and merged their US operations with Manulife. As some of you may know I started in the structured settlement profession in 1981...
April 19, 2013
What is next for the structured settlement profession now that two of the major life insurance markets that underwrote structured settlements announced this week that they would be shutting their structured settlement departments? In the case of John Hancock, I have long wondered how long they would stay in the structured settlement market once they were acquired by and merged their US operations with Manulife. As some of you may know I started in the structured settlement profession in 1981...
Constitutional Conundrums in Arbitration
April 19, 2013
S.I. Strong, Associate Professor of Law and Senior Fellow at the University of Missouri School of Law‘sCenter for the Study...
April 19, 2013
S.I. Strong, Associate Professor of Law and Senior Fellow at the University of Missouri School of Law‘sCenter for the Study...
Arbitral Immunity and Judicial Review of Arbitral Awards Create Ethical Loopholes in Arbitration
April 19, 2013
Arbitration’s interesting status as quasi-independent of the court system has created perplexing ethical dilemmas. On the one hand, arbitration has been considered separate from the legal system in many important regards, allowing parties the opportunity to receive adjudication in a confidential forum by an expert decision-maker. On the other hand, the rules and expectations of litigation are slowly creeping into arbitration, including discovery and motion practice. Recently, courts have (rightly)...
April 19, 2013
Arbitration’s interesting status as quasi-independent of the court system has created perplexing ethical dilemmas. On the one hand, arbitration has been considered separate from the legal system in many important regards, allowing parties the opportunity to receive adjudication in a confidential forum by an expert decision-maker. On the other hand, the rules and expectations of litigation are slowly creeping into arbitration, including discovery and motion practice. Recently, courts have (rightly)...
September 11 Attacks Constituted Two Occurrences According to Affirmed Arbitration Award
April 19, 2013
Plaintiff cedent and defendant reinsurers were parties to certain reinsurance treaties providing cover for aviation-related risks, with threshold triggers of $200 million and $500 million, respectively. A coverage dispute arose regarding whether the terrorist attacks in New York City on September 11, 2011 constituted one, or two separate occurrences, as the term was defined in the underlying policies. Defendants contended there were two occurrences, and thus twice as much of the $1.2 billion in underlying...
April 19, 2013
Plaintiff cedent and defendant reinsurers were parties to certain reinsurance treaties providing cover for aviation-related risks, with threshold triggers of $200 million and $500 million, respectively. A coverage dispute arose regarding whether the terrorist attacks in New York City on September 11, 2011 constituted one, or two separate occurrences, as the term was defined in the underlying policies. Defendants contended there were two occurrences, and thus twice as much of the $1.2 billion in underlying...
Court Intervention When the Parties’ Arbitrator Appointment Process Fails
April 19, 2013
Most arbitration clauses are explicit about the number of arbitrators to hear a dispute. The process by which the arbitrators will be selected is usually spelled out or will be governed by the rules of the administering tribunal. But no clause can fully anticipate and address every future dispute or arbitrator selection problem that may be presented. When a dispute involves satisfaction of arbitrator qualifications or multiple parties selecting a panel, the arbitrator selection process may reach...
April 19, 2013
Most arbitration clauses are explicit about the number of arbitrators to hear a dispute. The process by which the arbitrators will be selected is usually spelled out or will be governed by the rules of the administering tribunal. But no clause can fully anticipate and address every future dispute or arbitrator selection problem that may be presented. When a dispute involves satisfaction of arbitrator qualifications or multiple parties selecting a panel, the arbitrator selection process may reach...
Modria Presenting at the Stanford Conference on ODR 4/19/13
April 18, 2013
Modria will be presenting at a free Conference on Online Dispute Resolution at Stanford University, April 19, 2013 from...
April 18, 2013
Modria will be presenting at a free Conference on Online Dispute Resolution at Stanford University, April 19, 2013 from...
