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The Pitfalls of Arbitration Administrator Rules
Bob has made his share of mistakes when it comes to drafting arbitration clauses. His excuse: “The law keeps changing and I can't instantly catch up.”
At least Bob understands that parties go to arbitration to get a final and binding award that the prevailing party can turn into a judgment. Bob therefore drafts arbitration provisions that expressly provide for the entry of judgment on the arbitration award: “Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.” Without this magic language, the “award” could end up being nothing more than an advisory opinion. When you are in a franchisor-franchisee dispute, the last thing you want is to arbitrate the dispute and wind up with an “award” that is not final, that is not binding, and that cannot be entered as a judgment.
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.