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Unpacking Negligence Liability: Experimentally Testing the Governance Effect
May 11, 2016
Arguably, if a court holds a defendant liable for negligently inflicting harm on the plaintiff, this intervention combines three effects: (1) the court specifies the normative expectation, (2) the court expresses dissatisfaction with the plaintiff's behavior, for example, her level of activity, and (3) the court obliges the defendant to compensate the plaintiff. In the field, it would be close to impossible to disentangle the three effects, or to investigate how they interact with intrinsic reticence...
May 11, 2016
Arguably, if a court holds a defendant liable for negligently inflicting harm on the plaintiff, this intervention combines three effects: (1) the court specifies the normative expectation, (2) the court expresses dissatisfaction with the plaintiff's behavior, for example, her level of activity, and (3) the court obliges the defendant to compensate the plaintiff. In the field, it would be close to impossible to disentangle the three effects, or to investigate how they interact with intrinsic reticence...
Repetition May Be Key in Mediation’s Teachable Moments
May 10, 2016
We’re not all quick studies. During a mediation session you may need to give the same message several times, in different ways, for a party to accept what you’re saying. Research in advertising shows that you normally need to be exposed to a product at least seven times before you would consider buying it. In a mediation you frequently need to convince parties (and sometimes their attorneys) to consider ideas and approaches that are not only different but the opposite of what they want to believe....
May 10, 2016
We’re not all quick studies. During a mediation session you may need to give the same message several times, in different ways, for a party to accept what you’re saying. Research in advertising shows that you normally need to be exposed to a product at least seven times before you would consider buying it. In a mediation you frequently need to convince parties (and sometimes their attorneys) to consider ideas and approaches that are not only different but the opposite of what they want to believe....
Jury Invalidates Deathbed Will in Multimillion-Dollar Estate Dispute
May 10, 2016
A 72-year-old man wrongfully convinced his terminally ill second wife of 24 years to revise her will on her deathbed to favor...
May 10, 2016
A 72-year-old man wrongfully convinced his terminally ill second wife of 24 years to revise her will on her deathbed to favor...
Toward a Theory of Negotiation Precedent
May 10, 2016
It is remarkable that precedents and their use have not been well explored within the negotiation literature. In this article, I examine the sparse knowledge of precedents and offer a preliminary framework for understanding the role of precedents in negotiation, including how negotiators establish and apply them. Precedents can either evolve randomly or be created with strategic intent. Understanding precedents generally involves examining how negotiators build, adopt, avoid, and reject them. In...
May 10, 2016
It is remarkable that precedents and their use have not been well explored within the negotiation literature. In this article, I examine the sparse knowledge of precedents and offer a preliminary framework for understanding the role of precedents in negotiation, including how negotiators establish and apply them. Precedents can either evolve randomly or be created with strategic intent. Understanding precedents generally involves examining how negotiators build, adopt, avoid, and reject them. In...
Disputed $45.8M Arbitration Award Includes $3.04M in Attorney Fee
May 9, 2016
An international digital security company won a $45.8 million arbitration award, including $3.04 million in attorney fees, against a consortium of U.S. retailers that includes Wal-Mart. Confirmation of the award is pending in state court in Dallas. But the consortium has objected to award, arguing it should be vacated because the three-member arbitration panel exceeded its authority. The consortium has also objected to the attorney fees, arguing that no statutory basis exists in Texas law upon...
May 9, 2016
An international digital security company won a $45.8 million arbitration award, including $3.04 million in attorney fees, against a consortium of U.S. retailers that includes Wal-Mart. Confirmation of the award is pending in state court in Dallas. But the consortium has objected to award, arguing it should be vacated because the three-member arbitration panel exceeded its authority. The consortium has also objected to the attorney fees, arguing that no statutory basis exists in Texas law upon...
EDTX saw Q1 Drop in Patent Compaints
May 9, 2016
The number of new patent cases fell sharply in the first quarter in the Eastern District of Texas, reflecting a national...
May 9, 2016
The number of new patent cases fell sharply in the first quarter in the Eastern District of Texas, reflecting a national...
Testosterone Decreases The Ability To Feel Empathy By Interrupting Brain Networks
May 9, 2016
Whenever there’s a quarrel, fist-fight or bar brawl, testosterone usually has something to do with it. Famous for fuelling aggression, this male sex hormone is the prime suspect behind the human tendency towards antagonism, and with good reason. According to a new study in the journal Psychoneuroendicinology, testosterone reduces connectivity in brain regions responsible for feeling empathy towards others and incorporating this sentiment into our decision-making. Led by scientists from Utrecht...
May 9, 2016
Whenever there’s a quarrel, fist-fight or bar brawl, testosterone usually has something to do with it. Famous for fuelling aggression, this male sex hormone is the prime suspect behind the human tendency towards antagonism, and with good reason. According to a new study in the journal Psychoneuroendicinology, testosterone reduces connectivity in brain regions responsible for feeling empathy towards others and incorporating this sentiment into our decision-making. Led by scientists from Utrecht...
ROSS and AI: The Next Step in Legal Tech?
May 8, 2016
Can AI tools like ROSS’ legal research platform revolutionize law for practitioners and consumers? Artificial intelligence as a term has lent itself to a variety of definitions, most hyperbolic and many missing the point. “Nowadays that term gets thrown around a lot,” noted Andrew Arruda, CEO and cofounder of ROSS Intelligence. “Today, I want to get ourselves situated and reveal what it really is.” The venue for this revelation was “Watson, Esq.: Will Your Next Lawyer Be a Machine?”,...
May 8, 2016
Can AI tools like ROSS’ legal research platform revolutionize law for practitioners and consumers? Artificial intelligence as a term has lent itself to a variety of definitions, most hyperbolic and many missing the point. “Nowadays that term gets thrown around a lot,” noted Andrew Arruda, CEO and cofounder of ROSS Intelligence. “Today, I want to get ourselves situated and reveal what it really is.” The venue for this revelation was “Watson, Esq.: Will Your Next Lawyer Be a Machine?”,...
Cornell’s Set to Welcome First LLM Class in Law, Technology and Entrepreneurship
May 8, 2016
The graduates are seen as having the skills and experience needed to provide immediate value to law firms and legal departments – as well as clients Cornell Law School is getting ready for its first LLM class in Law, Technology and Entrepreneurship. The program, held at Cornell’s tech campus in New York City, starts in September but is already getting attention from professionals in the field. Three law firms have already asked to see the resumes of students before they even arrive on campus,...
May 8, 2016
The graduates are seen as having the skills and experience needed to provide immediate value to law firms and legal departments – as well as clients Cornell Law School is getting ready for its first LLM class in Law, Technology and Entrepreneurship. The program, held at Cornell’s tech campus in New York City, starts in September but is already getting attention from professionals in the field. Three law firms have already asked to see the resumes of students before they even arrive on campus,...
Avvo CEO Says New Legal Forms Offering Will Help Steer Self-Help Consumers to Lawyers
May 7, 2016
After reporting yesterday on Avvo’s launch of Avvo Legal Forms, I had an opportunity to speak today with the company’s CEO, Mark Britton, who is in Las Vegas, where he is attending Avvo’s annual Lawyernomics conference. After my post yesterday, Ken Adams of the blog Adams on Contract Drafting wrote a post criticizing the new offering as “a real stinker.” That Avvo has the gall to announce this dreck with some fanfare isn’t simply a failure on Avvo’s part. It’s symptomatic of a broader...
May 7, 2016
After reporting yesterday on Avvo’s launch of Avvo Legal Forms, I had an opportunity to speak today with the company’s CEO, Mark Britton, who is in Las Vegas, where he is attending Avvo’s annual Lawyernomics conference. After my post yesterday, Ken Adams of the blog Adams on Contract Drafting wrote a post criticizing the new offering as “a real stinker.” That Avvo has the gall to announce this dreck with some fanfare isn’t simply a failure on Avvo’s part. It’s symptomatic of a broader...
