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Sixth Circuit Affirms Vacatur of Arbitral Award for Evident Partiality
April 2, 2013
In this case the coincidences all break one way. Mark Kowalsky was a purportedly neutral arbitrator in a dispute between the Kinkade Company and Nancy and David White. Nearly five years and nearly 50 hearing days into their arbitration, however, Kowalsky announced to Kinkade that its adversary, David White, and the Whites’ advocate on the arbitration panel, Mayer Morganroth, had each hired Kowalsky’s firm for engagements that were likely to be substantial. Kinkade objected, to no avail....
April 2, 2013
In this case the coincidences all break one way. Mark Kowalsky was a purportedly neutral arbitrator in a dispute between the Kinkade Company and Nancy and David White. Nearly five years and nearly 50 hearing days into their arbitration, however, Kowalsky announced to Kinkade that its adversary, David White, and the Whites’ advocate on the arbitration panel, Mayer Morganroth, had each hired Kowalsky’s firm for engagements that were likely to be substantial. Kinkade objected, to no avail....
Breaking: Super Lawyers Wins Patent on Lawyer Rating System
April 2, 2013
The lawyer-rating service Super Lawyers today won a U.S. patent on its system for rating excellence within the legal profession....
April 2, 2013
The lawyer-rating service Super Lawyers today won a U.S. patent on its system for rating excellence within the legal profession....
Fifth Circuit Holds Judicial Estoppel Allows Discovery in Private Foreign Arbitration
April 2, 2013
The United States Fifth Circuit Court of Appeals has ruled that judicial estoppel made discovery available in a private foreign arbitration under 28 U.S.C. Section 1782. In Republic of Ecuador v. Connor, Nos. 12-20122, 12-20123, (5th Cir. Feb. 13, 2013), the Republic of Ecuador sought discovery from John Connor and his company, GSI Environmental, (“Connor”) related to an ongoing foreign arbitration with Chevron. Previously, Chevron successfully filed for arbitration of an environmental...
April 2, 2013
The United States Fifth Circuit Court of Appeals has ruled that judicial estoppel made discovery available in a private foreign arbitration under 28 U.S.C. Section 1782. In Republic of Ecuador v. Connor, Nos. 12-20122, 12-20123, (5th Cir. Feb. 13, 2013), the Republic of Ecuador sought discovery from John Connor and his company, GSI Environmental, (“Connor”) related to an ongoing foreign arbitration with Chevron. Previously, Chevron successfully filed for arbitration of an environmental...
Massive Mediation Is Third Attempt to Resolve MultiNational Nortel Bankruptcies
April 2, 2013
About 100 lawyers and financial advisors of creditors of Nortel Networks Corp. participated in a lengthy mediation in Toronto to try for the third time to divide $9 billion among the creditors of Nortel’s Canadian, U.S. and European entities and units, which involve numerous pension funds and disabled workers, along with bondholders, trade creditors and governments. Canadian creditors alone have filed more than $36 billion in claims. Nortel filed for bankruptcy in 2009 in Toronto, Delaware, the U.K....
April 2, 2013
About 100 lawyers and financial advisors of creditors of Nortel Networks Corp. participated in a lengthy mediation in Toronto to try for the third time to divide $9 billion among the creditors of Nortel’s Canadian, U.S. and European entities and units, which involve numerous pension funds and disabled workers, along with bondholders, trade creditors and governments. Canadian creditors alone have filed more than $36 billion in claims. Nortel filed for bankruptcy in 2009 in Toronto, Delaware, the U.K....
Do Broker-Dealers Have a Green Light to Force Investors to Waive Class Actions in Court?
April 2, 2013
Virtually all brokerage firms’ customer agreements require arbitration of disputes in the Financial Industry Regulatory Authority (FINRA) forum. FINRA regulates the contents of these predispute arbitration agreements (PDAAs) and prohibits broker-dealers from requiring customers to give up the right to bring class actions in court. A FINRA hearing officer, however, recently ruled that FINRA’s prohibition on class action waivers was unenforceable because it conflicted with the Federal Arbitration...
April 2, 2013
Virtually all brokerage firms’ customer agreements require arbitration of disputes in the Financial Industry Regulatory Authority (FINRA) forum. FINRA regulates the contents of these predispute arbitration agreements (PDAAs) and prohibits broker-dealers from requiring customers to give up the right to bring class actions in court. A FINRA hearing officer, however, recently ruled that FINRA’s prohibition on class action waivers was unenforceable because it conflicted with the Federal Arbitration...
Former U.S. Prosecutor, Ex-FBI Agent Open Litigation Finance Company
April 1, 2013
A former U.S. prosecutor and an ex-FBI agent are entering into a new line of business together. Earlier this week, former federal prosecutor Andrew Stolper announced that he had teamed up with ex-FBI agent Peter Norell to launch a private equity firm specializing in litigation financing. Litigation financing is a growing business in the legal industry that allows hedge funds and other investors to provide money to litigants in exchange for a portion of any settlements or verdicts. It also is a strategy...
April 1, 2013
A former U.S. prosecutor and an ex-FBI agent are entering into a new line of business together. Earlier this week, former federal prosecutor Andrew Stolper announced that he had teamed up with ex-FBI agent Peter Norell to launch a private equity firm specializing in litigation financing. Litigation financing is a growing business in the legal industry that allows hedge funds and other investors to provide money to litigants in exchange for a portion of any settlements or verdicts. It also is a strategy...
Non-U.S. Companies: Don’t Fear Being “Hometowned” in American Courts
April 1, 2013
Many companies which are headquartered or do the bulk of their business outside the United States can be a little freaked...
April 1, 2013
Many companies which are headquartered or do the bulk of their business outside the United States can be a little freaked...
BriefMine Emerges from Beta, Unveils Paid Version
April 1, 2013
Last September, I wrote here about the private beta launch of BriefMine, a database of legal briefs that lawyers can mine for arguments and legal theories they can use in their own legal briefs. As I wrote then, the site uses intuitive, natural-language search to allow users to explore a database of legal briefs collected from around the country. Today, BriefMine is coming out of private beta and launching its paid version, with subscriptions available either for $34 a month or $297 a year....
April 1, 2013
Last September, I wrote here about the private beta launch of BriefMine, a database of legal briefs that lawyers can mine for arguments and legal theories they can use in their own legal briefs. As I wrote then, the site uses intuitive, natural-language search to allow users to explore a database of legal briefs collected from around the country. Today, BriefMine is coming out of private beta and launching its paid version, with subscriptions available either for $34 a month or $297 a year....
Fort Worth Appeals Court Holds Ruling on Motion to Compel Arbitration is a Ministerial Duty
April 1, 2013
The 2nd District Appeals Court in Fort Worth has held that a trial court has a ministerial duty to rule on a party’s motion to compel arbitration. In Kelly v. Hinson, No. 02–12–00058–CV, (Tex.App.–Fort Worth, 2012), two investors, Phillip Hinson and Don Siratt, filed a lawsuit against Technotree International, LLC and two of the company’s officers, William J. Kelly and Ariel I. Quiros, (“LLC”) to recover a refund of certain investments made in the corporation in 1999. According...
April 1, 2013
The 2nd District Appeals Court in Fort Worth has held that a trial court has a ministerial duty to rule on a party’s motion to compel arbitration. In Kelly v. Hinson, No. 02–12–00058–CV, (Tex.App.–Fort Worth, 2012), two investors, Phillip Hinson and Don Siratt, filed a lawsuit against Technotree International, LLC and two of the company’s officers, William J. Kelly and Ariel I. Quiros, (“LLC”) to recover a refund of certain investments made in the corporation in 1999. According...
Court Rejects Confidentiality Rules of Appellate Court Where Mediation Occurred
April 1, 2013
The Colorado federal district court permitted statements during mediation to be included in a malpractice complaint by a client...
April 1, 2013
The Colorado federal district court permitted statements during mediation to be included in a malpractice complaint by a client...
