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Retired Judges, Openness Among Possibilities for Chancery Arbitration
April 7, 2014
The Delaware Court of Chancery is said to be mulling options to revive its confidential arbitration program after the U.S. Supreme Court denied the Chancery Court's certiorari petition, effectively ending the program. Corporate law experts said the program is worth saving and that only a few minor tweaks could make Chancery Court arbitration compliant with federal law. "There is a big move in favor of arbitration, particularly among multinational corporations," said Jill E. Fisch, a corporate...
April 7, 2014
The Delaware Court of Chancery is said to be mulling options to revive its confidential arbitration program after the U.S. Supreme Court denied the Chancery Court's certiorari petition, effectively ending the program. Corporate law experts said the program is worth saving and that only a few minor tweaks could make Chancery Court arbitration compliant with federal law. "There is a big move in favor of arbitration, particularly among multinational corporations," said Jill E. Fisch, a corporate...
Class Mediation A Factor in Finding No Collusion
April 7, 2014
Use of mediation in arriving at a class action settlement is a factor in favor of the court finding no collusion, but is not dispositive even if the mediator is a retired judge. Prior to approval, the court required detailed evidence concerning the mediation and negotiations of the settlement agreements, including the mediation statements and other documents concerning mediation offered by the parties. Four in One Co. v. S.K. Foods, No. 2:08-cv-3017 KJM EFB (U.S.D.C. E.D. Cal., January 2, 2014)
April 7, 2014
Use of mediation in arriving at a class action settlement is a factor in favor of the court finding no collusion, but is not dispositive even if the mediator is a retired judge. Prior to approval, the court required detailed evidence concerning the mediation and negotiations of the settlement agreements, including the mediation statements and other documents concerning mediation offered by the parties. Four in One Co. v. S.K. Foods, No. 2:08-cv-3017 KJM EFB (U.S.D.C. E.D. Cal., January 2, 2014)
Google’s Approach to Dispute Resolution: “Don’t Litigate, Negotiate”
April 7, 2014
In the face of antitrust charges, Google’s new guiding principle is “Don’t litigate, negotiate,” according to the Wall...
April 7, 2014
In the face of antitrust charges, Google’s new guiding principle is “Don’t litigate, negotiate,” according to the Wall...
Happiness is Contagious and Powerful on Social Media
April 6, 2014
Study of over one billion status updates finds that positive emotions are more contagious than negative. Emotions expressed online — both positive and negative — are contagious, concludes a new study from the University of California, San Diego and Yale University (Coviello et al., 2014). * * * The authors of the study conclude: “These results imply that emotions themselves might ripple through social networks to generate large-scale synchrony that gives rise to clusters of happy and unhappy...
April 6, 2014
Study of over one billion status updates finds that positive emotions are more contagious than negative. Emotions expressed online — both positive and negative — are contagious, concludes a new study from the University of California, San Diego and Yale University (Coviello et al., 2014). * * * The authors of the study conclude: “These results imply that emotions themselves might ripple through social networks to generate large-scale synchrony that gives rise to clusters of happy and unhappy...
Preventing Bad Settlement Decisions and Impasse Using Brain Science and Game Theory
April 6, 2014
Straus Institute for Dispute Resolution PREVENTING BAD SETTLEMENT DECISIONS AND IMPASSE USING BRAIN SCIENCE, GAME THEORY, ANIMATED COMMUNICATION, AND MICRO-INTERVENTIONS Faculty: Don Philbin and Douglas Noll The fact patterns of this course will be familiar to the experienced mediator and trial advocate in negotiation: difficult people, heightened emotions, overly confident case assessments, deeply held beliefs, barriers to rational deals. We will explore the neuropsychology behind these...
April 6, 2014
Straus Institute for Dispute Resolution PREVENTING BAD SETTLEMENT DECISIONS AND IMPASSE USING BRAIN SCIENCE, GAME THEORY, ANIMATED COMMUNICATION, AND MICRO-INTERVENTIONS Faculty: Don Philbin and Douglas Noll The fact patterns of this course will be familiar to the experienced mediator and trial advocate in negotiation: difficult people, heightened emotions, overly confident case assessments, deeply held beliefs, barriers to rational deals. We will explore the neuropsychology behind these...
Non-binding Christian Mediation
April 6, 2014
The NYT reports today on “the Matthew process,” a form of Biblical dispute resolution based on a passage from the Gospel of Matthew in which Jesus says that disputants should attempt to resolve their dispute privately, and if that doesn’t work to bring “one or two others” into the process. The particular dispute covered in the story is the $2.2M lawsuit of Edward O. Blews Jr., the recently removed president of the Council for Christian Colleges and Universities. Blews’s contract states...
April 6, 2014
The NYT reports today on “the Matthew process,” a form of Biblical dispute resolution based on a passage from the Gospel of Matthew in which Jesus says that disputants should attempt to resolve their dispute privately, and if that doesn’t work to bring “one or two others” into the process. The particular dispute covered in the story is the $2.2M lawsuit of Edward O. Blews Jr., the recently removed president of the Council for Christian Colleges and Universities. Blews’s contract states...
Miami Now a Hot Spot for International Arbitration
April 6, 2014
When the news broke that the $1 billion dispute over construction overruns of the Panama Canal would be arbitrated in Miami, a reporter writing a story about this “placing Miami on the arbitration map” called me for a quote. I agreed she was on the trail of a good story, but not because the case made Miami an arbitration player. The story starts with the fact that several years ago, the ultra-sophisticated parties contracting for work on one of the world’s most important construction projects...
April 6, 2014
When the news broke that the $1 billion dispute over construction overruns of the Panama Canal would be arbitrated in Miami, a reporter writing a story about this “placing Miami on the arbitration map” called me for a quote. I agreed she was on the trail of a good story, but not because the case made Miami an arbitration player. The story starts with the fact that several years ago, the ultra-sophisticated parties contracting for work on one of the world’s most important construction projects...
Star Wars Theme Performed on a Wurlitzer Pipe Organ [Video]
April 6, 2014
Jelani Eddington plays the Main Title from the Star Wars Symphonic Suite at the 5/80 Sanfilippo Wurlitzer theatre pipe organ in Barrington, Illinois.
April 6, 2014
Jelani Eddington plays the Main Title from the Star Wars Symphonic Suite at the 5/80 Sanfilippo Wurlitzer theatre pipe organ in Barrington, Illinois.
TED: Larry Page: Where’s Google Going Next?
April 6, 2014
Onstage at TED2014, Charlie Rose interviews Google CEO Larry Page about his far-off vision for the company. It includes aerial bikeways and internet balloons … and then it gets even more interesting, as Page talks through the company’s recent acquisition of Deep Mind, an AI that is learning some surprising things.
April 6, 2014
Onstage at TED2014, Charlie Rose interviews Google CEO Larry Page about his far-off vision for the company. It includes aerial bikeways and internet balloons … and then it gets even more interesting, as Page talks through the company’s recent acquisition of Deep Mind, an AI that is learning some surprising things.
Sleep Deprivation: The 10 Most Profound Psychological Effects
April 6, 2014
American Randy Gardner holds the record for the longest ever scientifically documented intentional period without sleep. Without the aid of stimulants, he managed to stay awake for 264.4 hours, or 11 days and 24 minutes. Part of his motivation was to show that sleep deprivation wasn’t that bad for you. He was wrong: it is bad for you. In fact he suffered paranoia, hallucinations, moodiness and a whole host of psychological problems, many described below. It’s just he did not notice...
April 6, 2014
American Randy Gardner holds the record for the longest ever scientifically documented intentional period without sleep. Without the aid of stimulants, he managed to stay awake for 264.4 hours, or 11 days and 24 minutes. Part of his motivation was to show that sleep deprivation wasn’t that bad for you. He was wrong: it is bad for you. In fact he suffered paranoia, hallucinations, moodiness and a whole host of psychological problems, many described below. It’s just he did not notice...
