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No Sheriff in Town: Governance for the ODR Field
October 21, 2016
Noam Ebner, Professor of Negotiation and Conflict Resolution and Online Program Chair for the Werner Institute at Creighton University School of Law, and Professor John Zeleznikow of Victoria University have published “No Sheriff in Town: Governance for the ODR Field,” Negotiation Journal, Vol. 32(4), 2016. In their journal article, Professors Ebner and Zeleznikow pose questions regarding how best to govern the field of online alternative dispute resolution. Here is the abstract: Online...
October 21, 2016
Noam Ebner, Professor of Negotiation and Conflict Resolution and Online Program Chair for the Werner Institute at Creighton University School of Law, and Professor John Zeleznikow of Victoria University have published “No Sheriff in Town: Governance for the ODR Field,” Negotiation Journal, Vol. 32(4), 2016. In their journal article, Professors Ebner and Zeleznikow pose questions regarding how best to govern the field of online alternative dispute resolution. Here is the abstract: Online...
The Circuit: ReInventing Dan Katz & Thanksgiving
October 20, 2016
Daniel Martin Katz has a knack of drawing a big audience, and the now that he has settled into his new job he’s already ramping up his latest agenda. On Friday, Nov. 4, Katz will launch Fin (Legal) Tech – A Conference About Law’s Future. In August, Katz hit a home run at ILTACON (the International Legal Technology Association annual conference) with his keynote discussing his current passion: Fin (Legal) Tech — The Financialization of the Law. The time has come to rethink the economics...
October 20, 2016
Daniel Martin Katz has a knack of drawing a big audience, and the now that he has settled into his new job he’s already ramping up his latest agenda. On Friday, Nov. 4, Katz will launch Fin (Legal) Tech – A Conference About Law’s Future. In August, Katz hit a home run at ILTACON (the International Legal Technology Association annual conference) with his keynote discussing his current passion: Fin (Legal) Tech — The Financialization of the Law. The time has come to rethink the economics...
Get a Handle on Your Emotions Before Negotiating
October 20, 2016
Our emotional state impacts everything we do, whether it’s driving, interacting with family members or how we eat. Negotiations can be highly emotionally charged for the clients and sometimes for the attorney, according to an article in the Harvard Business Review. The authors did some research as part of an ongoing study and conducted interviews with twenty experienced negotiators to discuss their thoughts and feelings about the negotiation process. Subjects were asked to collect images they...
October 20, 2016
Our emotional state impacts everything we do, whether it’s driving, interacting with family members or how we eat. Negotiations can be highly emotionally charged for the clients and sometimes for the attorney, according to an article in the Harvard Business Review. The authors did some research as part of an ongoing study and conducted interviews with twenty experienced negotiators to discuss their thoughts and feelings about the negotiation process. Subjects were asked to collect images they...
Fifth Circuit Hears Oral Argument in Employers’ Stand-Alone Class-Action Waiver Case
October 20, 2016
For years, the United States Court of Appeals for the Fifth Circuit has maintained that a class-action waiver included in an employer’s...
October 20, 2016
For years, the United States Court of Appeals for the Fifth Circuit has maintained that a class-action waiver included in an employer’s...
E-Negotiation: the Next Media for Reaching a Deal?
October 19, 2016
As technology advances so do our options to communicate. Before there were written languages we negotiated verbally around the campfire. Now we can negotiate via Skype, texts, emails or instant messaging. How does using different media to communicate impact negotiations? Like all things academic, opinions vary. A recent study published in the journal Computers in Human Behavior looked at the difference in electronically mediated negotiation (or e-negotiation) compared to face-to-face negotiations. ...
October 19, 2016
As technology advances so do our options to communicate. Before there were written languages we negotiated verbally around the campfire. Now we can negotiate via Skype, texts, emails or instant messaging. How does using different media to communicate impact negotiations? Like all things academic, opinions vary. A recent study published in the journal Computers in Human Behavior looked at the difference in electronically mediated negotiation (or e-negotiation) compared to face-to-face negotiations. ...
An Emerging Structure of ADR in Mass Torts and MDLs
October 19, 2016
The official statistics provided by the Judicial Panel on Multidistrict Litigation in recent years count Products Liability as nearly one quarter of all pending multidistrict litigations (MDLs), making it the largest category among all classifications. Many of these Product Liability MDLs, especially pharmaceutical and medical device mass torts, continue to dominate headlines in mainstream and legal media. These mega cases dominate and potentially drain the resources of the courts, counsel and parties...
October 19, 2016
The official statistics provided by the Judicial Panel on Multidistrict Litigation in recent years count Products Liability as nearly one quarter of all pending multidistrict litigations (MDLs), making it the largest category among all classifications. Many of these Product Liability MDLs, especially pharmaceutical and medical device mass torts, continue to dominate headlines in mainstream and legal media. These mega cases dominate and potentially drain the resources of the courts, counsel and parties...
Houston COA Denies Mandamus Request in Arbitration Dispute Between Insurers
October 19, 2016
Texas’ First District Court of Appeals in Houston has denied a petition for a writ of mandamus related to arbitration proceedings between two insurance companies. In In Re Irving Drobny, No. 01-15-00435-CV (Tex. App. Houston [ 1st Dist.], Aug. 30, 2016), Illinois-based National Accident Insurance Group and National Accident Insurance Underwriters (collectively, “NAIU”) entered into an underwriting agreement with Texas-based American National Insurance Corporation (“ANICO”) that authorized...
October 19, 2016
Texas’ First District Court of Appeals in Houston has denied a petition for a writ of mandamus related to arbitration proceedings between two insurance companies. In In Re Irving Drobny, No. 01-15-00435-CV (Tex. App. Houston [ 1st Dist.], Aug. 30, 2016), Illinois-based National Accident Insurance Group and National Accident Insurance Underwriters (collectively, “NAIU”) entered into an underwriting agreement with Texas-based American National Insurance Corporation (“ANICO”) that authorized...
Some Thoughts On AI for Customer Service
October 18, 2016
It was 1984 when I earned my BS in computer science from Oregon State University. My sponsoring professor Dr. Morán pitched me on the idea of going to Carnegie Mellon to get a PhD in artificial intelligence (AI). I opted not to go. I was too anxious to get into the work world and start my career. But I’ve certainly kept my eye on AI ever since. Those who are new to AI think it all started when IBM’s Watson won Jeopardy or when Amazon launched the Echo or when Apple launched Siri. More...
October 18, 2016
It was 1984 when I earned my BS in computer science from Oregon State University. My sponsoring professor Dr. Morán pitched me on the idea of going to Carnegie Mellon to get a PhD in artificial intelligence (AI). I opted not to go. I was too anxious to get into the work world and start my career. But I’ve certainly kept my eye on AI ever since. Those who are new to AI think it all started when IBM’s Watson won Jeopardy or when Amazon launched the Echo or when Apple launched Siri. More...
Futility Trumps Waiver of Arbitration Rights in Third Circuit
October 18, 2016
Echoing a holding already issued by four other circuits, the Third Circuit recently found that a defendant does not waive its right to arbitration by continuing to litigate in court, if the reason it failed to move to compel arbitration is that the motion would have been futile. Chassen v. Fidelity Nat’l Fin., Inc., 2016 WL 4698256 (3d Cir. Sept. 8, 2016). The case involves a class of real estate purchasers who claim they were overcharged for recording documents in New Jersey. Although there...
October 18, 2016
Echoing a holding already issued by four other circuits, the Third Circuit recently found that a defendant does not waive its right to arbitration by continuing to litigate in court, if the reason it failed to move to compel arbitration is that the motion would have been futile. Chassen v. Fidelity Nat’l Fin., Inc., 2016 WL 4698256 (3d Cir. Sept. 8, 2016). The case involves a class of real estate purchasers who claim they were overcharged for recording documents in New Jersey. Although there...
Federally Funded Nursing Homes No Longer Allowed to Require Residents to Sign Binding Arbitration Agreements
October 18, 2016
Yesterday, the Department of Health and Human Services’ Centers for Medicare and Medicaid Services published a regulation that bans federally funded long-term care facilities such as nursing homes from using pre-dispute binding arbitration agreements. Under the new rule, long-term care facilities and residents may still enter into an agreement to arbitrate after a dispute arises. The final rule is scheduled to become effective on November 28, 2016. The Centers for Medicare and Medicaid...
October 18, 2016
Yesterday, the Department of Health and Human Services’ Centers for Medicare and Medicaid Services published a regulation that bans federally funded long-term care facilities such as nursing homes from using pre-dispute binding arbitration agreements. Under the new rule, long-term care facilities and residents may still enter into an agreement to arbitrate after a dispute arises. The final rule is scheduled to become effective on November 28, 2016. The Centers for Medicare and Medicaid...
