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Articles by David Taylor
Qantas settles Covid-19 flight credits class action for $127 million Original
By David Taylor, ABC Qantas has agreed to settle a class action related to flight credits issued during the Covid-19 pandemic. The settlement, subject to approval by the Federal Court, relates to flights scheduled to depart between January 2020 and November 2022 that were cancelled by the airline. Filed in August 2023, the class action included allegations the Qantas breached contractual obligations by failing to provide refunds for cancelled flights during the pandemic.
Celebrating a Canadian Milestone: The Supreme Court of Canada at 150
Hosted by the uOttawa Public Law Centre, the Université de Montréal, and Dalhousie University’s Chancellor’s Chair in Aboriginal Law and Policy, the event marks the 150th anniversary of Canada’s highest court with two days of in-depth panels, keynote discussions, and critical reflection.
Mistake No. 10 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Not Treating Your Arbitrator Like Santa
I have practiced law for 40 years with the vast majority as a “construction” lawyer. I have seen great… and bad… construction lawyering, both when representing a party and when serving over 300 times as a mediator or arbitrator in construction disputes. I have made my share of mistakes and learned from my mistakes. I was lucky enough to have great construction lawyer mentors to lean on and learn from, so I try to be a good mentor to young construction lawyers.
Argument Recap - Curtin v. United Trademark Holdings, Inc.
Earlier this month, the Federal Circuit heard oral agreement in Curtin v. United Trademark Holdings, Inc. We have been following this case because it attracted an amicus brief. In it, the Federal Circuit is reviewing a judgment of the Trademark Trial and Appeal Board, which concluded that Rebecca Curtin is not entitled to challenge United Trademark Holding’s application to register the mark RAPUNZEL under a test known as the “zone of interests” framework.
Mistake No. 9 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Screwing Up the Hearing Exhibits
Skip to main content March 27, 2025 Volume XV, Number 86 Legal Analysis. Expertly Written. Quickly Found. Trending News Mistake No. 9 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Screwing Up the Hearing Exhibits Print Mail Download />i Facebook Twitter Linkedin Pinterest Reddit Facebook Messenger Email Digg Print X Buffer Flipboard I have practiced law for 40 years with the vast majority as a “construction” lawyer.
Mistake No. 7 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Not Paying Attention to Your Arbitrator or Judge During a Hearing
I have practiced law for 40 years with the vast majority as a “construction” lawyer. I have seen great… and bad… construction lawyering, both when representing a party and when serving over 300 times as a mediator or arbitrator in construction disputes. To be clear, I have made my share of mistakes. I learned from my mistakes and was lucky enough to have great construction lawyer mentors to lean on and learn from, so I try to be a good mentor to young construction lawyers.
Mistake No. 7 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Not Paying Attention to Your Arbitrator or Judge During a Hearing
I have practiced law for 40 years with the vast majority as a “construction” lawyer. I have seen great… and bad… construction lawyering, both when representing a party and when serving over 300 times as a mediator or arbitrator in construction disputes. To be clear, I have made my share of mistakes. I learned from my mistakes and was lucky enough to have great construction lawyer mentors to lean on and learn from, so I try to be a good mentor to young construction lawyers.
Mistake No. 5 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Being a Jerk to Opposing Counsel
I have practiced law for 40 years with the vast majority as a “construction” lawyer. I have seen great… and bad… construction lawyering, both when representing a party and when serving over 300 times as a mediator or arbitrator in construction disputes. To be clear, I have made my share of mistakes. I learned from my mistakes and was lucky enough to have great construction lawyer mentors to lean on and learn from, so I try to be a good mentor to young construction lawyers.
Mistake No. 4 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Not Knowing When to Fold ‘Em
I have practiced law for 40 years with the vast majority as a “construction” lawyer. I have seen great… and bad… construction lawyering, both when representing a party and when serving over 300 times as a mediator or arbitrator in construction disputes. To be clear, I have made my share of mistakes. I learned from my mistakes and was lucky enough to have great construction lawyer mentors to lean on and learn from, so I try to be a good mentor to young construction lawyers.
Precision pays off in shareholder class actions
The Federal Court has dismissed two shareholder class actions against the Commonwealth Bank of Australia. We explore the impacts of Justice Yates' findings. Key takeouts A company will only be judged on information that it was actually or constructively "aware" of at the relevant time – notwithstanding hindsight later demonstrates investigations could have identified that information.
Mistake No. 2 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Not Educating Clients on the Pros and Cons of Arbitration | JD Supra
I have practiced law for 40 years, with the vast majority of that time spent as a “construction lawyer.” I have seen great… and bad… construction lawyering, both when on the other side of a dispute, as well as when serving well over 300 times as a mediator or arbitrator in construction disputes. To be clear, I have made my share of mistakes.
Protecting Yourself on the Road as a Motorists or Pedestrians
As spring arrives and the weather is warming up, more and more people are spending time outdoors. After a particularly cold winter this past year, it’s refreshing to finally enjoy the outdoors and do some fun things we missed out on over the past few months. This is an excellent time to remind all drivers to be alert and practice good driving habits anytime they are on the road. With the warmer weather, more motorcycles will be on the road. If you are riding a motorcycle, always wear a helmet.
Mistake No. 2 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Not Educating Clients on the Pros and Cons of Arbitration
I have practiced law for 40 years, with the vast majority of that time spent as a “construction lawyer.” I have seen great… and bad… construction lawyering, both when on the other side of a dispute, as well as when serving well over 300 times as a mediator or arbitrator in construction disputes. To be clear, I have made my share of mistakes.
Mistake No. 2 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Not Educating Clients on the Pros and Cons of Arbitration
I have practiced law for 40 years, with the vast majority of that time spent as a “construction lawyer.” I have seen great… and bad… construction lawyering, both when on the other side of a dispute, as well as when serving well over 300 times as a mediator or arbitrator in construction disputes. To be clear, I have made my share of mistakes.
Archbishop Schnurr's Letter regarding Immigrants & Refugees
March 4, 2024 Dear brothers and sisters in Christ, There is no doubt we live in polarized times. Virtually every topic seems to be fodder for political division. In such times, our Catholic faith can be tested even more intensely than usual, especially when our faith runs up against public policy. Of course, Catholic teaching is not just for the United States in the 21st century; it is universal and enduring.
The Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Mistake No. 1: Not Realizing It’s All About the Facts
I have practiced law for 40 years, with the vast majority spent as a “construction lawyer.” I have seen great… and bad… construction lawyering, both when on the other side of a dispute, as well as when serving well over 300 times as a mediator or arbitrator in construction disputes. To be clear, I have made my share of mistakes.
The Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Mistake No. 1: Not Realizing It’s All About the Facts
I have practiced law for 40 years, with the vast majority spent as a “construction lawyer.” I have seen great… and bad… construction lawyering, both when on the other side of a dispute, as well as when serving well over 300 times as a mediator or arbitrator in construction disputes. To be clear, I have made my share of mistakes.
The Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Mistake No. 1: Not Realizing It’s All About the Facts
I have practiced law for 40 years, with the vast majority spent as a “construction lawyer.” I have seen great… and bad… construction lawyering, both when on the other side of a dispute, as well as when serving well over 300 times as a mediator or arbitrator in construction disputes. To be clear, I have made my share of mistakes.
FEATURE: How logistics helps pave the way for runway success - Parcel and Postal Technology International
While international fashion might not seem to go hand in hand with logistics, it is perhaps one of the most important unseen cogs in the wheel, ensuring designers and retailers are able to manage their supply chain challenges without a hitch. Indeed, without a reliable logistics partner, the season’s latest designs set to be showcased at the numerous fashion weeks around the world would not be able to take the center stage they justly deserve.
Nigerians react to election tribunal ruling
Nigeria On September 6, 2023 the presidential election tribunal in Nigeria’s capital Abuja threw out opposition challenges to the victory of Bola Tinubu in Africa’s most populous country’s February presidential election. A five-member panel of the court which sat for over 10 hours on Wednesday (Sep. 6) upheld Tinubu’s victory in the poll.
The Artful Dodger (TV Series) | Crime, Drama, History
Set in 1850s Australia the series follows adult double life of Charles Dickens' famous prince of thieves Dodger now a surgeon, but who can't shake his predilection for crime.Set in 1850s Australia the series follows adult double life of Charles Dickens' famous prince of thieves Dodger now a surgeon, but who can't shake his predilection for crime.Set in 1850s Australia the series follows adult double life of Charles Dickens' famous prince of thieves Dodger now a surgeon, but who can't shake...
A Quiet Retreat: Hundreds of Shipping Containers Hauled to AZ State Prison as Protests Halt Border Wall
Southern Arizona – Starting Tuesday, along I-10 in Southern Arizona, observant commuters may have noticed a peculiar uptick in the interstate’s westbound traffic — dozens, maybe even hundreds, of empty shipping containers were hauled one-by-one down the highway.
Whiteboard: Kellogg’s splits up its empire of brands to grow an even bigger empire
The maker of Frosted Flakes, Pringles, and Pop Tarts has hit upon a new strategy to grow its brands: Get smaller first and bigger second. In June, Kellogg’s announced it will split its operations into three new companies, but not in a way you might expect. The new companies are being grouped not only by product type but also by geographics and ingredients.
Electronic Checklist Deemed the Most Effective Trial Graphic
Checklists. Pilots use them before takeoff to ensure that critical items are not forgotten. Doctors use them for simple patient procedures as well as major operations to avoid mistakes. In fact, we all use checklists—it’s human nature. In our hectic, distraction-filled lives, all kinds of lists help us get organized.
Construction Law History Lesson No. 1: What Do Thomas Jefferson And Mechanics Liens Have In Common?
Construction law is NOT boring, at least that's what I tell my daughters. In these series of posts, I will explore some of the VERY interesting historical facts about construction law that can be used at your next motion hearing, family gathering, social event or fellow lawyer meeting. While these anecdotes may not keep your kids or significant others from rolling their eyes, hopefully they can provide a small respite from your (yes, I admit) sometimes boring life in construction law.
Construction Law History Lesson No. 1: What Do Thomas Jefferson and Mechanics Liens Have in Common?
Construction law is NOT boring, at least that’s what I tell my daughters. In these series of posts, I will explore some of the VERY interesting historical facts about construction law that can be used at your next motion hearing, family gathering, social event or fellow lawyer meeting. While these anecdotes may not keep your kids or significant others from rolling their eyes, hopefully they can provide a small respite from your (yes, I admit) sometimes boring life in construction law.
Telemedia Magazine - Issue 63
Driving Value Added Services & Content|Billing & Engagement In Motion|Minutes, Messages & Traffic That Pays|Engage & Commercialize Connected Consumers|Making Interactive Media Pay|Billing & Alternative Payments That Convert|Mobile Strategies For Merchants & Content Owners|Monetising Premium Content & Services
On and off the brand wagon
The winners and losers in a changing environment By: David Taylor August 16, 2021 4:24 pm User ID / Email / Password is case sensitive User ID / Email ID * Password: To inquire about group subscriptions or an enterprise site license for your organization, contact Tracy Bumba. Get Essential Business News 1 Year Print & Digital $79 1 Year Print +Digital + Data Joe (BOL) $269 1 Year Digital Only $79 Monthly Digital Only $9.99 First time registering your paid subscription?
Argument Recap - Arrowood Indemnity Co. v. United States
This past Wednesday the court heard oral argument in Arrowood Indemnity Co. v. United States, Cacciapalle v. United States, Owl Creek Asia I, L.P. v. United States, and Fairholme Funds, Inc. v. United States, cases that attracted amicus briefs. In these cases, the plaintiffs asserted claims at the Court of Federal Claims based on government actions related to the 2008 financial crisis and ownership of shares of Fannie Mae and Freddie Mac.
Lawyer’s Advocacy in Arbitrations - Top 10 Horrible, Terrible, No Good Mistakes Lawyers Make: No. 5 through No. 1
Tuesday, July 13, 2021 This post is a continuation of the Top 10 most horrible, terrible, no good, “bang your head against the door” mistakes that I have seen lawyers make before, during, and after arbitrations in which I served as the arbitrator. As stated in the previous posts, there are pros and cons to binding arbitration versus trial in a court that go beyond a series of blog posts. In many instances, representing a party in an arbitration requires more due diligence and work than a trial.
Lawyer’s Advocacy in Arbitrations - Top 10 Horrible, Terrible, No Good Mistakes Lawyers Make: No. 10 through No. 6
Tuesday, July 13, 2021 There’s a great argument that lawyer advocacy in an arbitration is more essential than at a trial in court. This is the last post of the 10 most horrible, terrible, no good, “bang your head against the door” mistakes that I have seen lawyers make in arbitrations, both when I served as counsel and as an arbitrator. Agreeing to arbitrate a dispute, whether in a contract or by agreement, is a serious decision for any business.
Lawyer’s Advocacy in Arbitrations: No. 10 of the Top 10 Horrible, Terrible, No Good Mistakes Lawyers Make: Not Looking for Ways to Make Your Arbitrator Happy at the End of a Hearing | Bradley Arant Boult Cummings LLP - JDSupra
There’s a great argument that lawyer advocacy in an arbitration is more essential than at a trial in court. This is the last post of the 10 most horrible, terrible, no good, “bang your head against the door” mistakes that I have seen lawyers make in arbitrations, both when I served as counsel and as an arbitrator. Agreeing to arbitrate a dispute, whether in a contract or by agreement, is a serious decision for any business.
Lawyer’s Advocacy in Arbitrations: No. 10 of the Top 10 Horrible, Terrible, No Good Mistakes Lawyers Make: Not Looking for Ways to Make Your Arbitrator Happy at the End of a Hearing
David K. Taylor, Bradley Arant Boult Cummings, Nashville, TN dtaylor@bradley.com 615-252-2396 There’s a great argument that lawyer advocacy in an arbitration is more essential than at a trial in court. This is the last post of the 10 most horrible, terrible, no good, “bang your head against the door” mistakes that I have seen lawyers make in arbitrations, both when I served as counsel and as an arbitrator.
Federal Court Announces 2022 Federal Circuit Judicial Conference
Yesterday afternoon the Federal Circuit announced that the court would hold its next judicial conference on April 1, 2022. In recent years the court has held its judicial conference every other year, but it canceled its conference scheduled for May, 2020 due to COVID-19.
Top Seven Terrible Mistakes Lawyers Make in Arbitrations | JD Supra
There is a great argument that lawyer advocacy in an arbitration is more essential than at trial in court. Agreeing to arbitrate disputes is a serious decision for any general counsel. There are many pros and cons, but when a dispute is arbitrated, finality is the rule rather than the exception. Great arbitration lawyering is therefore essential. The following are the top seven mistakes I have seen while representing parties in arbitrations, as well as while serving as an arbitrator.
Top Seven Terrible Mistakes Lawyers Make in Arbitrations
There is a great argument that lawyer advocacy in an arbitration is more essential than at trial in court. Agreeing to arbitrate disputes is a serious decision for any general counsel. There are many pros and cons, but when a dispute is arbitrated, finality is the rule rather than the exception. Great arbitration lawyering is therefore essential. The following are the top seven mistakes I have seen while representing parties in arbitrations, as well as while serving as an arbitrator.
Fed Circuit Blog
By David Taylor on March 29, 2021 I’m excited to announce that this week FedCircuitBlog will host its second online symposium. The symposium will be a Year in Review, reviewing the work of the Federal Circuit in 2020 in various areas of the court’s jurisdiction: appeals involving international trade, patents, money damages claims against the federal government, federal employment law, and veterans’ benefits.
Lawyer’s Advocacy in Arbitrations: No. 9 of the Top 10 Horrible, Terrible, No Good Mistakes Lawyers Make: Be Creative with Proof and Issues | JD Supra
There’s a great argument that lawyer advocacy in an arbitration is more essential than at a trial in court. This post is the ninth of the top 10 most horrible, terrible, no good, “bang your head against the door” mistakes that I have seen lawyers make in arbitrations, both when I served as counsel and as an arbitrator. Agreeing to arbitrate a dispute, whether in a contract or by agreement, is a serious decision for any business.
Lawyer’s Advocacy in Arbitrations: No. 9 of the Top 10 Horrible, Terrible, No Good Mistakes Lawyers Make: Be Creative with Proof and Issues
David K. Taylor, Bradley Arant Boult Cummings, Nashville, TN dtaylor@bradley.com 615-252-2396 There’s a great argument that lawyer advocacy in an arbitration is more essential than at a trial in court. This post is the ninth of the top 10 most horrible, terrible, no good, “bang your head against the door” mistakes that I have seen lawyers make in arbitrations, both when I served as counsel and as an arbitrator.
Lawyer’s Advocacy in Arbitrations: No. 8 of the Top 10 Horrible, Terrible, No Good Mistakes Lawyers Make: Get the Hearing Exhibit Books Right | JD Supra
There’s a great argument that lawyer advocacy in an arbitration is more essential than at a trial in court. This post is the eighth of the 10 most horrible, terrible, no good, “bang your head against the door” mistakes that I have seen lawyers make in arbitrations, both when I served as counsel and as an arbitrator. Agreeing to arbitrate a dispute, whether in a contract or by agreement, is a serious decision for any business.
Lawyer’s Advocacy in Arbitrations: No. 8 of the Top 10 Horrible, Terrible, No Good Mistakes Lawyers Make: Get the Hearing Exhibit Books Right
David K. Taylor, Bradley Arant Boult Cummings, Nashville, TN dtaylor@bradley.com 615-252-2396 There’s a great argument that lawyer advocacy in an arbitration is more essential than at a trial in court. This post is the eighth of the 10 most horrible, terrible, no good, “bang your head against the door” mistakes that I have seen lawyers make in arbitrations, both when I served as counsel and as an arbitrator.
Lawyer’s Advocacy in Arbitrations: No. 7 of the Top 10 Horrible, Terrible, No Good Mistakes Lawyers Make: Pay Attention to Your Arbitrator | JD Supra
There’s a great argument that lawyer advocacy in an arbitration is more essential than at a trial in court. This post is the seventh of the 10 most horrible, terrible, no good, “bang your head against the door” mistakes that I have seen lawyers make in arbitrations, both when I served as counsel and as an arbitrator. Agreeing to arbitrate a dispute, whether in a contract or by agreement, is a serious decision for any business.
Lawyer’s Advocacy in Arbitrations: No. 7 of the Top 10 Horrible, Terrible, No Good Mistakes Lawyers Make: Pay Attention to Your Arbitrator
David K. Taylor, Bradley Arant Boult Cummings, Nashville, TN dtaylor@bradley.com 615-252-2396 There’s a great argument that lawyer advocacy in an arbitration is more essential than at a trial in court. This post is the seventh of the 10 most horrible, terrible, no good, “bang your head against the door” mistakes that I have seen lawyers make in arbitrations, both when I served as counsel and as an arbitrator.
Telemedia Magazine - Issue 59
Driving Value Added Services & Content|Billing & Engagement In Motion|Minutes, Messages & Traffic That Pays|Engage & Commercialize Connected Consumers|Making Interactive Media Pay|Billing & Alternative Payments That Convert|Mobile Strategies For Merchants & Content Owners|Monetising Premium Content & Services
Making everyone’s job easier. How do data scientists fit as a critical member of integrated support teams?
Making everyone’s job easier. How do data scientists fit as a critical member of integrated support teams?
Lawyer's Advocacy In Arbitrations: No. 6 Of The Top 10 Horrible, Terrible, No Good Mistakes Lawyers Make: Not Treating Your Arbitrator Like Santa
United States: Lawyer's Advocacy In Arbitrations: No. 6 Of The Top 10 Horrible, Terrible, No Good Mistakes Lawyers Make: Not Treating Your Arbitrator Like Santa 22 December 2020 Bradley To print this article, all you need is to be registered or login on Mondaq.com. This post is a continuation of the Top 10 most horrible, terrible, no good, "bang your head against the door" mistakes that I have seen lawyers make before, during, and after arbitrations in which I served as the arbitrator.
Lawyer’s Advocacy in Arbitrations: No. 6 of the Top 10 Horrible, Terrible, No Good Mistakes Lawyers Make: Not Treating Your Arbitrator Like Santa | JD Supra
This post is a continuation of the Top 10 most horrible, terrible, no good, “bang your head against the door” mistakes that I have seen lawyers make before, during, and after arbitrations in which I served as the arbitrator. As stated in the previous posts, there are pros and cons to binding arbitration versus trial in a court that go beyond a series of blog posts. In many instances, representing a party in an arbitration requires more due diligence and work than a trial.
Lawyer’s Advocacy in Arbitrations: No. 5 of the Top 10 Horrible, Terrible, No Good Mistakes Lawyers Make | JD Supra
This post is a continuation of the Top 10 most horrible, terrible, no good, “bang your head against the door” mistakes that I have seen lawyers make before, during, and after arbitrations in which I served as the arbitrator. As stated in the previous posts, there are pros and cons to binding arbitration versus trial in a court that go beyond a series of blog posts. In many instances, representing a party in an arbitration requires more due diligence and work than a trial.
Lawyer’s Advocacy in Arbitrations: No. 5 of the Top 10 Horrible, Terrible, No Good Mistakes Lawyers Make
David K. Taylor, Bradley Arant Boult Cummings, Nashville, TN dtaylor@bradley.com 615-252-2396 This post is a continuation of the Top 10 most horrible, terrible, no good, “bang your head against the door” mistakes that I have seen lawyers make before, during, and after arbitrations in which I served as the arbitrator. As stated in the previous posts, there are pros and cons to binding arbitration versus trial in a court that go beyond a series of blog posts.
Making everyone’s job easier. How do data scientists fit as a critical member of integrated support teams?
Making everyone’s job easier. How do data scientists fit as a critical member of integrated support teams?
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