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Court Watch
U.S. Supreme Court Upholds Arbitrator's Determination of Authority to Determine Class Issues
'In Oxford Health Plans LLC v. Sutter ___ U.S. ___, 2013 WL 2459522 (June 10, 2013), the U.S. Supreme Court attempted 'to clarify its decision in Stolt-Nielsen S.A. v. Animal Feeds Int'l Corp., 559 U.S. 662 (2010), which held that arbitrators may employ class procedures only if the parties authorized them to do so. The arbitration provision in Oxford Health Plans did not specifically allow or disallow an arbitrator to consider class clams. It simply contained an 'all disputes' clause, found in many standard arbitration agreements, worded as follows: 'No civil action concerning any dispute arising under this Agreement shall be instituted before any court, and all such disputes shall be submitted to final and binding arbitration in New Jersey, pursuant to the rules of the American Arbitration Association with one arbitrator.'
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Protecting Innovation in the Cyber World from Patent Trolls
With trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.