It has long been broadly agreed that the most effective target for education and training in ADR is the lawyers who draft the deals. Drafting a dispute resolution clause as an elegant risk allocation is surely the Holy Grail of commercial deals. Model clauses are promulgated by many ADR organizations, but inept and hoary arbitration and forum selection provisions continue to be cut-and-pasted, to the dismay of litigators and the chagrin of their clients, who realize too late, once the train has hit them,...
On January 29th, a unique case was filed in Dallas County. In Parallel Networks, Inc. v. Jenner & Block, LLP, a former client of the law firm filed a motion to vacate an arbitral award of $3 million in attorney fees. In the case, Jenner & Block represented Parallel Networks on a contingency fee basis in a lawsuit against Oracle. After losing a motion for summary judgment, the law firm reportedly determined that Parallel Networks was unlikely to win a large financial award and withdrew...
Interesting ripples on the interweb about mediator ‘styles’ – (see the LinkedIn group ‘ADR, Conflict Resolution and Mediation Exchange’). One discussion thread was prompted by a nice ‘Emperor’s New Clothes’ question: can a mediator have any style or does the style vary from situation to situation?
The discussion has ranged from styles to models, with some fascinating contributions from practitioners, experienced and not. The topic must be in the zeitgeist, because two journals...
This post has two parts. Part one is an inforgraphic that my colleague, Stephen Fairley, shared on The Rainmaker Blog that explains 7 benefits Google+ provides for business. Part two is a video that explains the benefits of using Google+ instead of Facebook. This can be particularly beneficial for businesses. Although I would counter, using both gets your business out in social media more fully, which translates into more business.
Fairley states: "Google+ is one of those social media...
In our previous post about expanding step-by-step solutions, we introduced a revamped equation solver. I’m proud to say that it has now been extended to solve systems of linear equations. In addition, you have four different methods to choose from when looking for a solution! These methods are elimination, substitution, Gaussian elimination, and Cramer’s rule. Let’s look at x + y = 5, x – y = 1 to see all four methods in action.
Battles over online anonymity aren't new, and we've made a lot of progress clarifying the legal rules. Usually, when a plaintiff sues an unknown defendant (called a "Doe"), the court requires the plaintiff to show that its case has some merit before issuing a subpoena to identify the defendant (sometimes called an "unmasking subpoena"). This judicial review balances the plaintiffs' rights to pursue unknown defendants against the potentially significant consequences of unmasking, including the possibility...
I got into a discussion this week with Emma Durand-Wood (@emmaewood) of Stem Legal on the value of Facebook for a lawyer’s business development efforts.
Wood, referencing a situation where her husband was looking for a niche business lawyer, blogged about where clients go when seeking a lawyer. Her point was that lawyers ought develop a presence where it matters — and I don’t disagree with that. Her husband didn’t have a referral source so felt compelled to go online to begin his search.
What...