Menu
Blog Archives
Secular Stagnation – Tech’s Potential Role
February 8, 2014
I agree with Becker that the candidates that he discusses for retarding U.S. economic growth in coming years, such as a technological slowdown or reduced private investment, are implausible; also that there are useful reforms, notably tax reform, that can stimulate economic growth. But like Larry Summers, whose recent paper “The 2013 Martin Feldstein Lecture: Economic Possibilities for Our Children,” NBER Reporter, 2013, no. 4, www.nber.org/reporter, has influenced my thinking, there’s a risk,...
February 8, 2014
I agree with Becker that the candidates that he discusses for retarding U.S. economic growth in coming years, such as a technological slowdown or reduced private investment, are implausible; also that there are useful reforms, notably tax reform, that can stimulate economic growth. But like Larry Summers, whose recent paper “The 2013 Martin Feldstein Lecture: Economic Possibilities for Our Children,” NBER Reporter, 2013, no. 4, www.nber.org/reporter, has influenced my thinking, there’s a risk,...
Fielding a ‘Moneyball’ Compliance Program
February 7, 2014
“There are rich teams, and there are poor teams. Then there's 50 feet of crap. And then there's us.” - Brad Pitt, as Oakland Athletics general manager Billy Beane, in “Moneyball” All compliance professionals, even those who have never even seen a baseball game, can learn something from the 2011 Brad Pitt film “Moneyball”—the true story about how in 2002 the struggling Oakland Athletics team made more with less. And won. A lot. You have to actually see the movie or, even better,...
February 7, 2014
“There are rich teams, and there are poor teams. Then there's 50 feet of crap. And then there's us.” - Brad Pitt, as Oakland Athletics general manager Billy Beane, in “Moneyball” All compliance professionals, even those who have never even seen a baseball game, can learn something from the 2011 Brad Pitt film “Moneyball”—the true story about how in 2002 the struggling Oakland Athletics team made more with less. And won. A lot. You have to actually see the movie or, even better,...
Other Structural Aspects of Pre-Dispute Arbitration Agreements—Will the Arbitration be Administered or Ad Hoc?
February 7, 2014
The last two segments of this Small Business B-2-B Arbitration series have focused on certain key structural aspects of pre-dispute arbitration agreements. Perhaps some might think that an examination of even the most basic structural components of arbitration agreements is too much information for a business person, but most successful business people know about all relevant aspects of the contracts they negotiate, not just the basic structural components of those contracts (e.g., price and performance...
February 7, 2014
The last two segments of this Small Business B-2-B Arbitration series have focused on certain key structural aspects of pre-dispute arbitration agreements. Perhaps some might think that an examination of even the most basic structural components of arbitration agreements is too much information for a business person, but most successful business people know about all relevant aspects of the contracts they negotiate, not just the basic structural components of those contracts (e.g., price and performance...
Don’t Stop The Fighting
February 7, 2014
Fighting is a deep instinct. We mediators need to remember that. I fear that too many mediators are not comfortable with it. That can result in an effort to “neuter” discussions, for example by insisting on “politeness” in the exchanges. Parties with intense grievances often do not want a polite discussion. They want the full force of their views, feelings, and angst to be heard – at minimum. Yes, we have a responsibility to try to keep the process on track, but not at the expense of depriving...
February 7, 2014
Fighting is a deep instinct. We mediators need to remember that. I fear that too many mediators are not comfortable with it. That can result in an effort to “neuter” discussions, for example by insisting on “politeness” in the exchanges. Parties with intense grievances often do not want a polite discussion. They want the full force of their views, feelings, and angst to be heard – at minimum. Yes, we have a responsibility to try to keep the process on track, but not at the expense of depriving...
‘Brain Olympics for Lawyers’ Kicking Off at ReInvent Law NYC Conference
February 7, 2014
When Michigan State University College of Law professors and Daniel Katz and Renee Newman Knake held the inaugural ReInvent Law conference last year, they chose Silicon Valley as their venue of choice, because they wanted to focus on innovative tech startups and how they were changing the face of the legal industry. They then held events in Dubai and London. Now, ReInvent Law has come to New York City. On Friday, the ABA Journal, alongside Michigan State University College of Law and the Kauffman...
February 7, 2014
When Michigan State University College of Law professors and Daniel Katz and Renee Newman Knake held the inaugural ReInvent Law conference last year, they chose Silicon Valley as their venue of choice, because they wanted to focus on innovative tech startups and how they were changing the face of the legal industry. They then held events in Dubai and London. Now, ReInvent Law has come to New York City. On Friday, the ABA Journal, alongside Michigan State University College of Law and the Kauffman...
How Analytics Can Vastly Improve the Negotiation Process
February 7, 2014
Data plays a role in everything. And as we as a society collect more and more data, the ability to parse through it effectively...
February 7, 2014
Data plays a role in everything. And as we as a society collect more and more data, the ability to parse through it effectively...
10 Most Awe-Inspiring Neuroscience Studies
February 6, 2014
1. Connectivity: The Difference Between Men’s and Women’s Brains 2. Hidden Caves in the Brain Open Up During Sleep to Wash Away Toxins 3. Debunked: ‘Right-Brain’ and ‘Left-Brain’ Personalities 4. Like to Stay Up Late? Different Neural Structures Found in the Brains of Night Owls 5. Remote Control of the Mind – Over the Internet 6. Brain Ultrasound: How Sound Waves Can Boost Mood 7. Social Rejection Triggers Release of Natural Painkillers in the Brain 8. The...
February 6, 2014
1. Connectivity: The Difference Between Men’s and Women’s Brains 2. Hidden Caves in the Brain Open Up During Sleep to Wash Away Toxins 3. Debunked: ‘Right-Brain’ and ‘Left-Brain’ Personalities 4. Like to Stay Up Late? Different Neural Structures Found in the Brains of Night Owls 5. Remote Control of the Mind – Over the Internet 6. Brain Ultrasound: How Sound Waves Can Boost Mood 7. Social Rejection Triggers Release of Natural Painkillers in the Brain 8. The...
Noah J. Hanft Appointed New President & CEO of the International Institute For Conflict Prevention & Resolution (CPR)
February 6, 2014
CPR is pleased to announce the appointment of Noah J. Hanft as its new President and CEO, effective May 1, 2014. Mr. Hanft...
February 6, 2014
CPR is pleased to announce the appointment of Noah J. Hanft as its new President and CEO, effective May 1, 2014. Mr. Hanft...
GCs Driving In-House Change, Global Trends
February 6, 2014
The increasing pressure felt by today’s corporate legal departments on a global scale means general counsel must not only alter their practices but also become worldwide change agents for their companies, according to a new research paper from legal services firm Mitratech Holdings Inc. “GCs are presented with a tremendous opportunity to mitigate risk to the business and decrease overall legal costs by taking on the role of change agent to drive consistent, transparent operations for their...
February 6, 2014
The increasing pressure felt by today’s corporate legal departments on a global scale means general counsel must not only alter their practices but also become worldwide change agents for their companies, according to a new research paper from legal services firm Mitratech Holdings Inc. “GCs are presented with a tremendous opportunity to mitigate risk to the business and decrease overall legal costs by taking on the role of change agent to drive consistent, transparent operations for their...
New York Proposal for Mandatory Mediation of Commercial Cases in Comment Period
February 6, 2014
The Commercial Division Advisory Council of New York County’s trial court has recommended an 18-month pilot program which would send every fifth commercial case to mandatory mediation, unless a party shows that mediation would be ineffective or unjust, or all parties in a case opt out. Parties would be able to choose their mediator or obtain a mediator from the court’s roster. Comments on the proposal may be submitted through February 11, 2014. New York Unified Court System Memorandum...
February 6, 2014
The Commercial Division Advisory Council of New York County’s trial court has recommended an 18-month pilot program which would send every fifth commercial case to mandatory mediation, unless a party shows that mediation would be ineffective or unjust, or all parties in a case opt out. Parties would be able to choose their mediator or obtain a mediator from the court’s roster. Comments on the proposal may be submitted through February 11, 2014. New York Unified Court System Memorandum...
