Menu
Blog Archives
Unconscionability Still Alive and Well?
July 9, 2014
From BNA Daily Labor Report: “Justices Won’t Review California Ruling on Unconsionability of Wage Hearing Waivers Posted June 09, 2014, 4:01 P.M. ET The U.S. Supreme Court today let stand a California Supreme Court decision that a lower court may consider whether a waiver of any state administrative wage hearing makes an arbitration agreement unconscionable and thus unenforceable, denying an auto dealer’s petition to review the case ( Sonic-Calabasas A, Inc. v. Moreno, U.S., No. 13-856,...
July 9, 2014
From BNA Daily Labor Report: “Justices Won’t Review California Ruling on Unconsionability of Wage Hearing Waivers Posted June 09, 2014, 4:01 P.M. ET The U.S. Supreme Court today let stand a California Supreme Court decision that a lower court may consider whether a waiver of any state administrative wage hearing makes an arbitration agreement unconscionable and thus unenforceable, denying an auto dealer’s petition to review the case ( Sonic-Calabasas A, Inc. v. Moreno, U.S., No. 13-856,...
Surden: Computable Contracts – Part 2
July 8, 2014
Professor Harry Surden of the University of Colorado has posted Computable Contracts – Part 2, at Concurring Opinions. Here is a summary of the post: This is the second part of a series explaining “computable contracts.” For more about what a computable contract is, please see the first part here. [...] The goal of this second part is to explain the intuition behind how an ordinary contract can become a computable contract. Three Steps to Computable Contracting There are three steps...
July 8, 2014
Professor Harry Surden of the University of Colorado has posted Computable Contracts – Part 2, at Concurring Opinions. Here is a summary of the post: This is the second part of a series explaining “computable contracts.” For more about what a computable contract is, please see the first part here. [...] The goal of this second part is to explain the intuition behind how an ordinary contract can become a computable contract. Three Steps to Computable Contracting There are three steps...
What I Learned About Social Leadership & Listening From a Hostage Negotiator
July 8, 2014
In her latest diary entry, Eugenie explains what charity leaders can learn from hostage negotiators (From The Guardian)- As social leaders, we ask a lot of questions. What can I do to help? What do people need? What's my place in the world? But, what I've learned recently is: we should be asking far fewer questions. As part of the Clore Social Leadership Programme that I'm on, we get training opportunities that we might not otherwise either know about or afford. I got it into my head that I wanted...
July 8, 2014
In her latest diary entry, Eugenie explains what charity leaders can learn from hostage negotiators (From The Guardian)- As social leaders, we ask a lot of questions. What can I do to help? What do people need? What's my place in the world? But, what I've learned recently is: we should be asking far fewer questions. As part of the Clore Social Leadership Programme that I'm on, we get training opportunities that we might not otherwise either know about or afford. I got it into my head that I wanted...
Mediator Disclosure Standards: Same as Judge??
July 8, 2014
The Court of Appeals for the Federal Circuit has held that “mediators have disclosure obligations which are similar to the recusal requirements imposed on judges.” This is so despite the acknowledgement that mediators have no authority whatsoever over the parties they are assisting, and despite the fact that a bad mediator can cause very little harm. The dispute giving rise to this peculiar result is Ceats, Inc., v. Continental Airlines Inc., a patent dispute brought before the District Court...
July 8, 2014
The Court of Appeals for the Federal Circuit has held that “mediators have disclosure obligations which are similar to the recusal requirements imposed on judges.” This is so despite the acknowledgement that mediators have no authority whatsoever over the parties they are assisting, and despite the fact that a bad mediator can cause very little harm. The dispute giving rise to this peculiar result is Ceats, Inc., v. Continental Airlines Inc., a patent dispute brought before the District Court...
Gilles & Sebok on Crowd-Classing Individual Arbitrations
July 8, 2014
In a new article published as part of DePaul Law School’s excellent annual Clifford Symposium on Tort Law & Social Policy, Miriam Gilles and Tony Sebok take up the subject of Crowd-Classing Individual Arbitrations in a Post-Class Action Era. They suggest that enterprising plaintiffs’ attorneys have two potentially viable avenues for making it financially viable to pursue multiple small claims in the teeth of widespread arbitral class waivers. First, arbitration-free plaintiffs could be recruited...
July 8, 2014
In a new article published as part of DePaul Law School’s excellent annual Clifford Symposium on Tort Law & Social Policy, Miriam Gilles and Tony Sebok take up the subject of Crowd-Classing Individual Arbitrations in a Post-Class Action Era. They suggest that enterprising plaintiffs’ attorneys have two potentially viable avenues for making it financially viable to pursue multiple small claims in the teeth of widespread arbitral class waivers. First, arbitration-free plaintiffs could be recruited...
Big Law Reimagined
July 8, 2014
Later in the week was the third annual gathering of ReinventLaw in London. The event has grown and matured since 2012, when it was largely the preserve of a small band of early adopters and futurists. Now it offers a broader mix of speakers, and more practical applications than the blunt “change or die” message that was the hallmark of its first outings. The conference offers a lengthy line-up of speakers, all of whom have just a few minutes, so it moves quickly. It’s tough to pick...
July 8, 2014
Later in the week was the third annual gathering of ReinventLaw in London. The event has grown and matured since 2012, when it was largely the preserve of a small band of early adopters and futurists. Now it offers a broader mix of speakers, and more practical applications than the blunt “change or die” message that was the hallmark of its first outings. The conference offers a lengthy line-up of speakers, all of whom have just a few minutes, so it moves quickly. It’s tough to pick...
CodeX FutureLaw 2014: Ethics
July 7, 2014
The recent CodeX FutureLaw 2014 Conference brought together all of the usual suspects in the tech law world, seemingly asking the same questions – Why aren’t reforms being adopted that would make our business models unfettered and why isn’t the ABA leading that charge? I had hoped to address those questions more effectively within the ethics panel discussion, but have a sense the Q&A format of that panel was a not a good vehicle to clearly make these points. Hopefully, this post will do a better...
July 7, 2014
The recent CodeX FutureLaw 2014 Conference brought together all of the usual suspects in the tech law world, seemingly asking the same questions – Why aren’t reforms being adopted that would make our business models unfettered and why isn’t the ABA leading that charge? I had hoped to address those questions more effectively within the ethics panel discussion, but have a sense the Q&A format of that panel was a not a good vehicle to clearly make these points. Hopefully, this post will do a better...
Research on First Impressions & Tone of Voice
July 7, 2014
In a follow-up to my previous post on how important a negotiator's tone of voice is (Quick Tip: Hostage Negotiator's Tone of Voice), I came across this: How To Make The Perfect First Impression (According To Science) The tone and tenor of your voice also plays a significant role in determining what kind of first impression you make on others. A Scottish study found that participants overwhelmingly agreed, based on hearing a subject's voice, on a number of personality judgements, including trustworthiness,...
July 7, 2014
In a follow-up to my previous post on how important a negotiator's tone of voice is (Quick Tip: Hostage Negotiator's Tone of Voice), I came across this: How To Make The Perfect First Impression (According To Science) The tone and tenor of your voice also plays a significant role in determining what kind of first impression you make on others. A Scottish study found that participants overwhelmingly agreed, based on hearing a subject's voice, on a number of personality judgements, including trustworthiness,...
Global Enforceability of Mediated Settlement Agreements
July 7, 2014
Deborah Masucci, Chair of the International Mediation Institute, has sent around a forceful message asking the international...
July 7, 2014
Deborah Masucci, Chair of the International Mediation Institute, has sent around a forceful message asking the international...
AMERICA, THE BEAUTIFUL: Guy Flies a Drone with a Camera Into Fireworks Show
July 7, 2014
Jos Stiglingh used a GoPro — and a drone — to get really, REALLY up close and personal with the recent Fourth of July fireworks show over West Palm Beach, Florida.
July 7, 2014
Jos Stiglingh used a GoPro — and a drone — to get really, REALLY up close and personal with the recent Fourth of July fireworks show over West Palm Beach, Florida.
