Arbitration
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Non-Sequiturs
Non-Sequiturs: 08.09.16
* Did Cadwalader make the wrong move in canceling its summer program? [Law and More]
* The American Bar Associate needs to embrace change or be “left in the dust,” ABA executive director Jack Rives declared at the organization’s annual meeting. [ABA Journal]
* If your legal practice includes international arbitration, get ready to head to India. The Mumbai Centre for International Arbitration (MCIA) begins proceedings this month and hopes to attract corporations as a popular arbitration destination. [Forbes]
* The Paul, Weiss investigation into Roger Ailes that has grown in scope is uncovering all manner of interesting tidbits about the cable news giant. [Vanity Fair]
* Looking to elevate your Foreign Corrupt Practices Act skillz? [FCPA Professor]
* How did this Supreme Court Term fare in terms of transparency? [Fix the Court]
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Constitutional Law, Technology
How Many Rights Have You Have Forfeited Today?
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Is The Future Of Law Distributed? Lessons From The Tech Adoption Curve
The rise of remote work has dramatically reshaped the relationship between Lawyers and Law Firms, see how Scale LLP has taken the steps to get… -
Morning Docket
Morning Docket: 08.05.16
* Judge Olu Stevens, who famously said he would not “check his First Amendment rights at the courthouse door,” will be dropping his suit against the Kentucky Judicial Conduct Commission. He remains charged with six counts of misconduct related to public comments made about the exclusion of black jurors. [WDRB] * Four partners from Cadwalader […]
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Non-Sequiturs
Non-Sequiturs: 08.02.16
* Remember that Donald Trump tell-all from a former lawyer? Does the piece violate rules against the disclosure of privileged information? [New York Personal Injury Blog]
* Judge Jed Rakoff slams consumer consent to arbitration agreements as a “legal fiction.” [Law360 (sub. req.)]
* According to a HUD report, a New Orleans judge is running a home for the elderly and disabled with “dangerous health and safety risks.” [NOLA.com]
* Advice on prepping for an oral argument. [Lawyerist]
* Canadian Supreme Court justices are going to be chosen in an all new way. [The Star]
* Field-administered drug tests are not as reliable as the criminal justice system would like you to believe. [Guile is Good]
* Stuff lawyers say.
https://www.youtube.com/watch?v=6GNyobx3Agk
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Non-Sequiturs
Non-Sequiturs: 08.01.16
* An in-depth look at the 2016 cert petitions that have been granted, and those still pending. [Empirical SCOTUS]
* Ballerina Misty Copeland got married to a lawyer, Olu Evans. [People]
* Remember how awful forced arbitration clauses have gotten? The Center for Justice & Democracy at New York Law School is doing something about it in the financial services sector. [Center JD]
* Hope you aren’t expecting any good news related to attorneys and addiction issues, because there isn’t much. [Forbes]
* How is the practice of law evolving? [Prism Legal]
* One of Donald Trump’s former attorneys really doesn’t think you should vote for him. [Huffington Post]
* Nick Denton filed for personal bankruptcy. [Law and More]
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Litigators, Money, Texas
Your Daily Reminder That Arbitration Provisions Are Ridiculous
At what point does the effort to chain shut the courthouse doors go too far? -
Contracts, Marijuana
Marijuana Contract Enforceability Worries? Don't Forget Arbitration
Until there more clarity related to marijuana contract law, arbitration is a good workaround for cannabis businesses. -
Morning Docket
Morning Docket: 05.16.16
* As the Obama administration pushes for recognition of transgender rights, the transgender community may have found an unlikely ally: the late Justice Antonin Scalia. His opinion in the 1998 Oncale decision on sex discrimination was cited in the administration’s letter to public school officials warning them that gender-identity discrimination was prohibited by civil rights laws. A former Scalia clerk has called it an “absurd misreading of Title IX.” [Los Angeles Times]
* We’re now in the home stretch of the Supreme Court’s term, and with upcoming rulings on affirmative action, abortion, contraceptive coverage, immigration, and Puerto Rico’s debt, it’s going to get harder and harder for the justices to avoid 4-4 splits. In the majority of these cases, they’ll have to stop agreeing to disagree so it doesn’t look like we’ve got a Court in controversy with many deadlocks. [Bloomberg Politics]
* The State Bar of California has been criticized over a lack of transparency as to its finances, and in particular, its “rampant spending” on executive salaries. In fact, those at the top of the food chain at the California Bar earn salaries which exceed that of the state’s governor, who earns nearly $180,000 per year. That’s a lot of cash to fail more than half of the state’s bar-exam takers (more on that later today)! [WSJ Law Blog]
* “She has single-handedly stuck a knife in the back of every Uber driver in the country. The entire class was thrown under the bus and backed over.” Shannon Liss-Riordan, the lawyer who arranged a $100 million settlement deal in the Uber class-action over drivers’ employment status, is being attacked by her own clients, and now other lawyers are trying to have her removed as lead attorney on the case. [Chicago Tribune]
* “They give their young workers Ping-Pong tables and take away their constitutional rights.” That’s not a work perk companies are willing to brag about. More and more technology startups are embracing arbitration agreements to prevent their employees from filing lawsuits over workplace disputes that could have potentially ruinous financial effects on their bottom lines if they were litigated in court. [DealBook / New York Times]
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Sports
Second Circuit Reinstates Tom Brady Deflategate Suspension
This ruling is in line with the 2d Circuit's interpretation of the Federal Arbitration Act. -
Boutique Law Firms, Litigators, Small Law Firms, Trials
Even When On Trial, The Preparation Is Not Over
For trial lawyers, it is important to remember that the preparation for any evidentiary hearing is not over until the door closes on the courtroom or the arbitration hearing center on the very last day. -
Disasters / Emergencies, Federal Government
'The Picasso Of The Legal Field'
He's either loved or hated for his work -- but from 9/11 to the Boston Marathon bombings, Ken Feinberg is the go-to name in managing disasters. -
Sports
Deflategate: What Have These Judges Decided In Past Arbitration Appeals?
Judge Berman's decision is up for review. Will the judges default to his judgment or the weight of Supreme Court precedent. -
China
Arbitration In China: Different, Yes; Biased, Probably Not
With equity so central to China disputes, potential litigants should stop reviewing their cases strictly on the law and instead start looking at them from an equitable perspective as well.
Sponsored
Is The Future Of Law Distributed? Lessons From The Tech Adoption Curve
Early Adopters Of Legal AI Gaining Competitive Edge In Marketplace
The Business Case For AI At Your Law Firm
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Navigating Financial Success by Avoiding Common Pitfalls and Maximizing Firm Performance
Legal AI: 3 Steps Law Firms Should Take Now
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Non-Sequiturs
Non-Sequiturs: 01.11.16
* That time when an embarrassing photo from law school came back to haunt MLB Commissioner Rob Manfred. [NBC Sports]
* This is one way to get people interested in tax law — put a princess on trial. [Wall Street Journal]
* This may be the most innocuous set of scandal pictures you will ever see, but the Iranian national soccer team’s goalie still got arrested over them. [Screamer]
* Why won’t America, land of immigrants, let an immigrant be president? [Vox]
* Burn! You may have already signed away your right! The real truth behind credit card agreements. [My Bank Tracker]
* Yeah… you really should read those homeowners association rules. [Legal Juice]
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Morning Docket
Morning Docket: 11.02.15
* Despite the fact that people seemed to have been losing their minds over court packing, according to Judge Sri Srinivasan of the D.C. Circuit, President Obama’s appointment of four new judges on the powerful court had little to no impact on the outcome of cases. [POLITICO]
* “Americans are actively being deprived of their rights.” In this excellent longread on arbitration, we learn it’s the best for big companies, but for plaintiffs who are forced into it, it amounts to the “privatization of the justice system.” [DealBook / New York Times]
* Uh oh! Disgraced plaintiffs’ lawyer Stan Chesley — perhaps better known as the “Master of Disaster” — had a warrant issued for his arrest last week after he failed to appear for a hearing related to his refusal to pay a $42 million judgment. [Louisville Courier Journal]
* Florida A&M University College of Law has a brand new dean. We’d like to wish a warm welcome to Angela Felecia Epps, whose salary of $252,000 is likely more than any of the school’s recent and barely employed graduates can hope to make. [Orlando Sentinel]
* A 30-year-old New Jersey man has been sentenced to a 16-year prison term for aggravated arson after the fires he set last year damaged a local law firm (one that was representing him at the time) and the county prosecutor’s office. [Associated Press]
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Biglaw, In-House Counsel, Job Searches
The Perils Of Specialization
Is it better to be a generalist or a specialist? It depends, as columnist Mark Herrmann explains. -
Non-Sequiturs
Non-Sequiturs: 07.27.15
* Conan O’Brien faces a new lawsuit alleging that he stole jokes from a Twitter user’s feed. Meanwhile, Conan mulls suit against Tinder for ripping off Pimpbot 5000 character. [The Hollywood Reporter] * Snoop blames racial profiling for his arrest on suspicion of marijuana possession in Sweden. Others say it’s “celebrity profiling,” suggesting that racial […]
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Silicon Valley, Television
Standard Of Review: Despite Being Created By A Judge, 'Silicon Valley' Tackles Arbitration
Silicon Valley’s depiction of an arbitration proceeding is hilariously casual, according to culture columnist Harry Graff. -
Supreme Court
The New Trick To Suing Your Phone Company
The Supreme Court has waged war on class action suits, but there may be a workaround to take the telecom companies to court.