Social Media: How to ruin your case in under 60 seconds

By Adrienne Griffis

“Dance like no one is watching; email like it may one day be read aloud in a deposition.” This quote has appeared so many times in so many sources that I cannot accurately access to whom I should give credit. However it originated, this advice applies to all types of electronic communication—not just email. Electronic communication often leads to regret because it can be completed in too short a period of time to allow for appropriate reflection. If our parents or grandparents wanted to send angry correspondence to someone, they at least had the opportunity to reconsider and take the letter out of the mailbox. These days, the damage can be done as quickly as you can press “reply all.” [More]

Arkansas Supreme Court Holds Predispute Waiver of Right to Trial by Jury is Unenforceable Under Arkansas Law

By Trey Cooper

On December 7, 2017, the Arkansas Supreme Court delivered an opinion in which it held that a predispute contractual jury waiver clause is unenforceable under the Arkansas Constitution. Tilley v. Malvern National Bank, 2017 Ark. 343. This is important because it is now clear that a party cannot waive its right to a trial by jury by agreeing to do so in a contract. The Arkansas Constitution states that "the right to trial by jury shall remain inviolate, and shall extend to all cases at law, without regard to the amount in controversy; but a jury trial may be waived by the parties in all cases in the manner prescribed by law." Ark. Const. Art. 2, § 7. [More]