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Detectives, Social Media Being Used to Alert Drivers of Auto Safety Defects
May 14, 2016
The 63,000 spectators crowded in late January inside Atlanta’s Georgia Dome for a battle of college marching bands didn’t...
May 14, 2016
The 63,000 spectators crowded in late January inside Atlanta’s Georgia Dome for a battle of college marching bands didn’t...
Technology: Breaking the Law
May 14, 2016
The widening gap between legal fees and what most companies can afford to pay makes the profession ripe for ‘Uberisation’ One sector, however, has carried on as if technology had never been invented: the law. Lawyers’ working practices “have not changed much since the time of Charles Dickens”, say father-and-son team Richard and Daniel Susskind in their book, The Future of the Professions. Lawyers still provide high-cost customised advice. The highest-earning legal partners preside...
May 14, 2016
The widening gap between legal fees and what most companies can afford to pay makes the profession ripe for ‘Uberisation’ One sector, however, has carried on as if technology had never been invented: the law. Lawyers’ working practices “have not changed much since the time of Charles Dickens”, say father-and-son team Richard and Daniel Susskind in their book, The Future of the Professions. Lawyers still provide high-cost customised advice. The highest-earning legal partners preside...
Influencing Negotiation Willingness in the Middle East: The Potential Contributions of Private Actors
May 13, 2016
Numerous efforts to solve the Israeli–Palestinian conflict through diplomacy have taken place over the last four decades. To shed light on this dilemma in this article, the role that private actors and nongovernmental organizations (NGOs) can play to enhance the negotiation willingness of nonstate armed groups was examined. It was argued that the NGOs in particular could play key roles in promoting the negotiation willingness of nonstate actors and also in influencing their internal dynamics and increasing...
May 13, 2016
Numerous efforts to solve the Israeli–Palestinian conflict through diplomacy have taken place over the last four decades. To shed light on this dilemma in this article, the role that private actors and nongovernmental organizations (NGOs) can play to enhance the negotiation willingness of nonstate armed groups was examined. It was argued that the NGOs in particular could play key roles in promoting the negotiation willingness of nonstate actors and also in influencing their internal dynamics and increasing...
Ninth Circuit Botches Another Arbitration Case
May 13, 2016
Disputing would like to invite readers to check out Ross Runkel’s recent blog post entitled “9th Circuit botches another arbitration case.” Here is a brief excerpt: One has to wonder whether the 9th Circuit is paying attention to the principles embodied in the Federal Arbitration Act (FAA) as interpreted by the Supreme Court. Casa Del Caffe Vergnano v. ItalFlavors (9th Cir 03/15/2016) fails to even mention the Supreme Court decisions that are applicable. The case involves a situation...
May 13, 2016
Disputing would like to invite readers to check out Ross Runkel’s recent blog post entitled “9th Circuit botches another arbitration case.” Here is a brief excerpt: One has to wonder whether the 9th Circuit is paying attention to the principles embodied in the Federal Arbitration Act (FAA) as interpreted by the Supreme Court. Casa Del Caffe Vergnano v. ItalFlavors (9th Cir 03/15/2016) fails to even mention the Supreme Court decisions that are applicable. The case involves a situation...
How Often Do Non-Practicing Entities Win Patent Suits?
May 13, 2016
Much of the policy debate over the patent system has focused on the perceived problems with non-practicing entities (NPEs), also called patent trolls. Drawing on a comprehensive data set we built of every patent lawsuit filed in 2008 and 2009 that resulted in a ruling on the merits, we find that the situation is rather more complicated than simply operating companies vs. NPEs. While operating companies fare better in litigation than NPEs overall, breaking NPEs into different categories reveals more...
May 13, 2016
Much of the policy debate over the patent system has focused on the perceived problems with non-practicing entities (NPEs), also called patent trolls. Drawing on a comprehensive data set we built of every patent lawsuit filed in 2008 and 2009 that resulted in a ruling on the merits, we find that the situation is rather more complicated than simply operating companies vs. NPEs. While operating companies fare better in litigation than NPEs overall, breaking NPEs into different categories reveals more...
The Effect of Advice on Negotiations: How Advisors Influence What Negotiators Do
May 12, 2016
Studies of negotiations often overlook, or at least do not fully account for, the important role played by people who advise negotiators. Often deliberately hidden from view, advisors have important but unrecognized influence on the negotiation dynamic. In this article, I explore the roles and methods of advisors in the negotiation process, drawing on role theory and survey research conducted in 2013 among approximately seventy advisors at the European Union Council of Ministers. I define advice...
May 12, 2016
Studies of negotiations often overlook, or at least do not fully account for, the important role played by people who advise negotiators. Often deliberately hidden from view, advisors have important but unrecognized influence on the negotiation dynamic. In this article, I explore the roles and methods of advisors in the negotiation process, drawing on role theory and survey research conducted in 2013 among approximately seventy advisors at the European Union Council of Ministers. I define advice...
Uncertainty Is More Stressful Than Pain, Say Neurologists
May 12, 2016
A recent study found that a small possibility of receiving a painful electric shock causes people more stress than knowing for sure that a shock was on the way. Researchers asked participants to guess whether a snake hid beneath a rock, while measuring stress levels. If a participant guessed incorrectly and turned over a rock with a snake beneath it, he received a small electric shock on the hand. While current research focuses on the negative impacts of stress, there may be benefits, too. The researchers...
May 12, 2016
A recent study found that a small possibility of receiving a painful electric shock causes people more stress than knowing for sure that a shock was on the way. Researchers asked participants to guess whether a snake hid beneath a rock, while measuring stress levels. If a participant guessed incorrectly and turned over a rock with a snake beneath it, he received a small electric shock on the hand. While current research focuses on the negative impacts of stress, there may be benefits, too. The researchers...
Shadow of the Contract: How Contract Structure Shapes Inter-Firm Dispute Resolution
May 12, 2016
This paper investigates how contract structure influences inter-firm dispute resolution processes and outcomes by examining a unique dataset consisting of over 150,000 pages of documents relating to 102 business disputes. We find that the level of contract detail affects the type of dispute resolution approach that is adopted when conflict arises, and that different approaches are associated with different costs for resolving the dispute. We also find that the effect of contract choice on dispute...
May 12, 2016
This paper investigates how contract structure influences inter-firm dispute resolution processes and outcomes by examining a unique dataset consisting of over 150,000 pages of documents relating to 102 business disputes. We find that the level of contract detail affects the type of dispute resolution approach that is adopted when conflict arises, and that different approaches are associated with different costs for resolving the dispute. We also find that the effect of contract choice on dispute...
Focal Points and Turning Points in Negotiation: A Comparative Analysis
May 11, 2016
In this article, we examine the roles of focal points and turning points in negotiation. Both concern impasses in negotiation, and negotiators can exploit them to move past impasses. Each term uses the word “point” differently, however. A focal point refers to a single salient coordinating concept shared by the parties. A turning point is a departure that takes place during the course of a negotiation, when the course seems to change. Precipitants precede turning points and consequences follow...
May 11, 2016
In this article, we examine the roles of focal points and turning points in negotiation. Both concern impasses in negotiation, and negotiators can exploit them to move past impasses. Each term uses the word “point” differently, however. A focal point refers to a single salient coordinating concept shared by the parties. A turning point is a departure that takes place during the course of a negotiation, when the course seems to change. Precipitants precede turning points and consequences follow...
Running the Numbers: Legal Analytics
May 11, 2016
More Lawyers are using analytics to gain an edge. Using data to predict performance encompasses everything from deciding how to invest your money to predicting how well a baseball player will hit with a new team to anticipating how well an ad campaign will work. And now the legal profession is getting on board. The technology is still in its early days, but attorneys are starting to use analytics to predict the outcome of a case, determine a lawsuit’s potential payoff or loss and identify which...
May 11, 2016
More Lawyers are using analytics to gain an edge. Using data to predict performance encompasses everything from deciding how to invest your money to predicting how well a baseball player will hit with a new team to anticipating how well an ad campaign will work. And now the legal profession is getting on board. The technology is still in its early days, but attorneys are starting to use analytics to predict the outcome of a case, determine a lawsuit’s potential payoff or loss and identify which...
