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Book on Arbitration of Trust Disputes
November 16, 2016
SI Strong & Tony Molloy recently published a book entitled, Arbitration of Trust Disputes: Issues in National and International Law (2016). Provided below is a summary of the book: In recent years, numerous jurisdictions have seen a significant shift in thinking about whether and to what extent matters involving the inner workings of a trust - so-called 'internal' trust disputes between settlors, trustees, and beneficiaries - are amenable to arbitration. Not only are parties expressing an increased...
November 16, 2016
SI Strong & Tony Molloy recently published a book entitled, Arbitration of Trust Disputes: Issues in National and International Law (2016). Provided below is a summary of the book: In recent years, numerous jurisdictions have seen a significant shift in thinking about whether and to what extent matters involving the inner workings of a trust - so-called 'internal' trust disputes between settlors, trustees, and beneficiaries - are amenable to arbitration. Not only are parties expressing an increased...
The Cost of Cooperating
November 15, 2016
Strategic incentives can motivate people to cooperate, but people also keep cooperating even when there are not incentives...
November 15, 2016
Strategic incentives can motivate people to cooperate, but people also keep cooperating even when there are not incentives...
Mediation 2016: Discussion of Mediator Success
November 15, 2016
Who's Who Legal brings together Martin Brink from Van Benthem & Keulen and John Sturrock QC from Core Solutions Group to discuss recent developments in the market, the changing nature of cases and the future of mediation. What factors do you consider make a successful mediator? Martin Brink: A successful mediator – as has been shown from ample research in the USA – is someone who can gain rapport with the parties. Being able to gain and maintain the trust of both parties is the key issue....
November 15, 2016
Who's Who Legal brings together Martin Brink from Van Benthem & Keulen and John Sturrock QC from Core Solutions Group to discuss recent developments in the market, the changing nature of cases and the future of mediation. What factors do you consider make a successful mediator? Martin Brink: A successful mediator – as has been shown from ample research in the USA – is someone who can gain rapport with the parties. Being able to gain and maintain the trust of both parties is the key issue....
Can Mediation Training Reduce Biases in Lawyers?
November 15, 2016
A recent article answers yes. Douglas Frenkel & James Stark, Improving Lawyers’ Judgment: Is Mediation Training De-Biasing?,...
November 15, 2016
A recent article answers yes. Douglas Frenkel & James Stark, Improving Lawyers’ Judgment: Is Mediation Training De-Biasing?,...
You Don’t Need Big Data — You Need the Right Data
November 14, 2016
The term “big data” is ubiquitous. With exabytes of information flowing across broadband pipes, companies compete to claim the biggest, most audacious data sets. And businesses of all varieties — old and new, industrial and digital, big and small — are getting into the game. Masses of social, weather, and government data are being leveraged to predict supply chain outages. Enormous amounts of user data are being harnessed at scale to identify individuals among a sea of website clicks....
November 14, 2016
The term “big data” is ubiquitous. With exabytes of information flowing across broadband pipes, companies compete to claim the biggest, most audacious data sets. And businesses of all varieties — old and new, industrial and digital, big and small — are getting into the game. Masses of social, weather, and government data are being leveraged to predict supply chain outages. Enormous amounts of user data are being harnessed at scale to identify individuals among a sea of website clicks....
For Law Firms, AI is Becoming Part of the Legal Practice
November 14, 2016
Increasingly, law firms are beginning to accept that the marketplace is changing and therefore their business practices must be assessed. And in doing so, there’s consensus building around the notion that AI might be very beneficial to improving legal services and addressing ongoing market challenges. As Allens partner and practice group leader Anna Collyer said in a roundtable discussion with The Australian, AI is “technology that can effectively rep[lace what it is that lawyers have done in the past...
November 14, 2016
Increasingly, law firms are beginning to accept that the marketplace is changing and therefore their business practices must be assessed. And in doing so, there’s consensus building around the notion that AI might be very beneficial to improving legal services and addressing ongoing market challenges. As Allens partner and practice group leader Anna Collyer said in a roundtable discussion with The Australian, AI is “technology that can effectively rep[lace what it is that lawyers have done in the past...
Sunstein on Choice Forcing as Pateralism
November 14, 2016
Cass R. Sunstein (Harvard Law School) has posted Forcing People To Choose Is Paternalistic (Missouri Law Review, Forthcoming, Symposium on Libertarian Paternalism) on SSRN. Here is the abstract: It can be paternalistic to force people to choose. Although many people insist on drawing a bright line between active choosing and paternalism, that line is often illusory. Calling for active choosing is a form of libertarian paternalism if people are permitted to opt out of choosing in favor of a default...
November 14, 2016
Cass R. Sunstein (Harvard Law School) has posted Forcing People To Choose Is Paternalistic (Missouri Law Review, Forthcoming, Symposium on Libertarian Paternalism) on SSRN. Here is the abstract: It can be paternalistic to force people to choose. Although many people insist on drawing a bright line between active choosing and paternalism, that line is often illusory. Calling for active choosing is a form of libertarian paternalism if people are permitted to opt out of choosing in favor of a default...
A Fourth Way for Law Students
November 13, 2016
If this applies to you, here’s my basic advice: Start taking project-based classes in law school, typically found in your business school, management science school, or design/engineering. Think in terms of building a portfolio for yourself — showing deliverables that you (or you and a team) have created. Show proof that you can go beyond writing reports or doing analysis, to actually building stuff. Use these project based classes to learn how to manage projects, how to work interdisciplinarily,...
November 13, 2016
If this applies to you, here’s my basic advice: Start taking project-based classes in law school, typically found in your business school, management science school, or design/engineering. Think in terms of building a portfolio for yourself — showing deliverables that you (or you and a team) have created. Show proof that you can go beyond writing reports or doing analysis, to actually building stuff. Use these project based classes to learn how to manage projects, how to work interdisciplinarily,...
New President Mozarsky Discusses His Plans for Bloomberg’s Legal Division
November 13, 2016
So said Scott Mozarsky today of Bloomberg BNA’s Legal Division, shortly after it was learned that he would become the division’s president, replacing David Perla, who had been president since July 2014. In a telephone conversation with Mozarsky this afternoon, I asked him what his becoming president would mean for the legal division and for its legal research platform Bloomberg Law. Scott Mozarsky, new president of Bloomberg BNA’s Legal Division “In the short term, not that much,”...
November 13, 2016
So said Scott Mozarsky today of Bloomberg BNA’s Legal Division, shortly after it was learned that he would become the division’s president, replacing David Perla, who had been president since July 2014. In a telephone conversation with Mozarsky this afternoon, I asked him what his becoming president would mean for the legal division and for its legal research platform Bloomberg Law. Scott Mozarsky, new president of Bloomberg BNA’s Legal Division “In the short term, not that much,”...
What Are Dispute Resolution Alternatives?
November 13, 2016
The news that actors Angelina Jolie and Brad Pitt are headed for divorce puts the issue of divorce negotiations in the spotlight. It also raises the question of how divorcing couples can avoid escalating what is often already a tense situation, avoid a potentially traumatic and expensive court battle, and engage in a dispute resolution process that satisfies both sides’ interests. To take another recent high-profile divorce, the actress Gwyneth Paltrow (an ex-girlfriend of Pitt’s) and her husband,...
November 13, 2016
The news that actors Angelina Jolie and Brad Pitt are headed for divorce puts the issue of divorce negotiations in the spotlight. It also raises the question of how divorcing couples can avoid escalating what is often already a tense situation, avoid a potentially traumatic and expensive court battle, and engage in a dispute resolution process that satisfies both sides’ interests. To take another recent high-profile divorce, the actress Gwyneth Paltrow (an ex-girlfriend of Pitt’s) and her husband,...
