I regularly publish a newsletter showcasing three to five articles, court decisions, or news items that I’ve come across that I hope readers will find of interest concerning the subjects that occupy my time and thoughts.  I focus on three principal topics:  i) legal and business issues concerning alternative dispute resolution, primarily mediation and arbitration; ii) corporate governance, and; iii) e-Documents, or more specifically, corporate governance policies regarding their management and security, and litigation issues regarding their discovery.  Additionally, I look for and try to include an article of general interest that is either humorous or thought-provoking. You may subscribe to receive these newsletters for free. Subscribe

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This Month’s Articles

Corporate Governance

  • Research Spotlight – Corporate Governance Failure, Fraud, & Scandal:  The Stanford Graduate School of Business’ Corporate Governance Research Initiative, in late July, published a compilation of recent research regarding unethical behavior in corporations.  The findings are set forth in easy to read charts.  Also included in the Spotlight is data regarding the economic impact of such behavior. read
  • Impact of Shareholder Activism on Board Composition:  The Investor Responsibility Research Center Institute (IRRCi) and Institutional Shareholder Services Inc. (ISS) teamed up to study the impact of activist investors on board composition.  380 new board candidates were put forth by activist investors during the 3 year study period.  The study examined the demographics of those potential directors and the profiles of the boards following the activist investor activities. read

Alternative Dispute Resolution

  • Herssein and Herssein, P.A., etc., et al., Petitioners, v. United Services Automobile Association This case, heard in a Florida State court, addresses the question whether a judge must recuse him/herself because s/he is a Facebook “Friend” of one of the attorneys in the case.  Answer:  no.  More important than the answer, however, is the standard established and the reasoning.   While the case arises out of a court proceeding and does not involve arbitration, the same issues and rationale apply to arbitrators. read
  • Making Arbitration More Appealing:  In this piece by a 30 year litigation veteran and former deputy general counsel of a financial services company in charge of the company’s worldwide dispute resolution, the argument is made that parties to a dispute to be arbitrated should permit limited appellate review of their arbitration awards and adopt the appellate procedures of their arbitral institution.  Why?  Lower cost and greater efficiency.  I fully agree! read

Interesting Articles/Cases of the Month

  • A Pardon for Arpaio Would Put Trump in Uncharted Territory:   Written and published a couple of days prior to Trump’s pardoning “Sheriff Joe,” the author argues that such a pardon is an unconstitutional act.  The article is a worthy read for lawyers and non-lawyers who are thinking about the limits of presidential powers. read
  • Sound Waves Enhance Deep Sleep and Memory:  A study at Northwestern University School of Medicine has found that by synchronizing sound to brain waves, sleep can be improved in older adults and as a result, memory improved.  While larger studies are necessary, the innovative technology is promising. read
  • California’s Answer to Low Bar Pass Rates:  California has historically had one of the most difficult licensing exams for lawyers, and as a result one of the country’s lowest pass rates for those taking the exam.  In recent years the pass rate has worsened, and as a result California’s law schools are responding.  Unfortunately, their proffered solution is not to improve their education or strengthen their admission standards.  Rather, they’re lobbying for a lowered minimum pass score on the licensing exam. read

I hope you find one or more of the below articles of interest and worthy of your inbox’s space.

Warm regards,

Jim Reiman