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e-Commerce Docket Sheet
UDRP proceeding not 'arbitration' under Federal Arbitration Act
A dispute resolution proceeding under ICANN's Uniform Domain Name Dispute Resolution Policy (UDRP) is not entitled to the highly deferential standard of judicial review set forth in the Federal Arbitration Act (FAA). Dluhos v. Strasberg, No. 01-3713 (3rd Cir. Feb. 20, 2003). The Third Circuit held that the district court improperly applied the FAA in dismissing the appellant's challenge to a UDRP decision, finding that a UDRP proceeding is not an 'arbitration' under the FAA because it is not a binding proceeding likely to 'realistically settle the dispute.' In this regard, the court noted the 'relative hollowness' of UDRP outcomes, as well as that UDRP proceedings were never intended to replace formal litigation.
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
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.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
Disconnect Between In-House and Outside Counsel
'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.