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How Social Media Are Transforming Litigation
June 18, 2013
Few transformations have affected litigation and litigators as swiftly and as profoundly as social media. In five short years,...
June 18, 2013
Few transformations have affected litigation and litigators as swiftly and as profoundly as social media. In five short years,...
Mind Mapping Streamlines a Business Negotiation
June 18, 2013
The breakup of long-time business partners can be one of the most complicated and emotionally charged situations for a financial adviser to handle. It’s even more difficult when the partners are also family members. That was the challenge facing adviser Rob O’Dell of Wheaton Wealth Partners in 2010, when a client asked for help negotiating the sale of his shares in the family business. Mr. O’Dell’s client was in his early 60s, and together with his younger brother had owned a retail business...
June 18, 2013
The breakup of long-time business partners can be one of the most complicated and emotionally charged situations for a financial adviser to handle. It’s even more difficult when the partners are also family members. That was the challenge facing adviser Rob O’Dell of Wheaton Wealth Partners in 2010, when a client asked for help negotiating the sale of his shares in the family business. Mr. O’Dell’s client was in his early 60s, and together with his younger brother had owned a retail business...
Mandatory Predispute Consumer Arbitration, Structural Bias, and Incentivizing Procedural Safeguards
June 18, 2013
Within the past several decades, there has been an explosion in the creation, institutionalization and use of “alternative”...
June 18, 2013
Within the past several decades, there has been an explosion in the creation, institutionalization and use of “alternative”...
Vermont Declares War On Patent Trolls; Passes New Law And Sues Notorious Patent Troll
June 17, 2013
I’ve always liked the state of Vermont — but mainly because it was a nice place to visit. But, now the state appears to be declaring war on patent trolls. A new anti-patent trolling law has been quietly enacted, H.299, which targets patent trolls. Or, as it says “bad faith assertions of patent infringement.” It does this by amending the state’s consumer protection laws, to give tools to judges to recognize when patent litigation is done in bad faith (i.e., for trolling, rather than legitimate...
June 17, 2013
I’ve always liked the state of Vermont — but mainly because it was a nice place to visit. But, now the state appears to be declaring war on patent trolls. A new anti-patent trolling law has been quietly enacted, H.299, which targets patent trolls. Or, as it says “bad faith assertions of patent infringement.” It does this by amending the state’s consumer protection laws, to give tools to judges to recognize when patent litigation is done in bad faith (i.e., for trolling, rather than legitimate...
The Neuroscience of Decision Making and Our Standards for Assessing Competence to Consent
June 17, 2013
Rapid advances in neuroscience may enable us to identify the neural correlates of ordinary decision making. Such knowledge...
June 17, 2013
Rapid advances in neuroscience may enable us to identify the neural correlates of ordinary decision making. Such knowledge...
What Neuroscience Can Teach Us About Settlement Negotiations
June 17, 2013
There is much that the latest developments in neuroscience can teach legal professionals about negotiations. This is particularly true when it comes to how people process information and make decisions. Mediators and lawyers alike can benefit particularly from what neuroscientists have revealed about priming and framing, two potent filtering mechanisms that can either inflame the emotional barriers to settlement or potentially defuse them.
June 17, 2013
There is much that the latest developments in neuroscience can teach legal professionals about negotiations. This is particularly true when it comes to how people process information and make decisions. Mediators and lawyers alike can benefit particularly from what neuroscientists have revealed about priming and framing, two potent filtering mechanisms that can either inflame the emotional barriers to settlement or potentially defuse them.
Invalid Attorney’s Fee Provision Severed and Arbitration Compelled
June 17, 2013
An arbitration provision in an employment agreement provided that the “costs and expenses of the arbitration, including the arbitrator’s fees, shall be borne equally by the parties.” The court held the provision invalid because it would have prevented the plaintiff, if successful, from recovering attorneys fees as provided for in Title VII. However, the court severed the invalid provision and compelled arbitration. Adams v. Republic Parking System, Inc., Case No. 12-1310 (USDC W.D. Okla. April...
June 17, 2013
An arbitration provision in an employment agreement provided that the “costs and expenses of the arbitration, including the arbitrator’s fees, shall be borne equally by the parties.” The court held the provision invalid because it would have prevented the plaintiff, if successful, from recovering attorneys fees as provided for in Title VII. However, the court severed the invalid provision and compelled arbitration. Adams v. Republic Parking System, Inc., Case No. 12-1310 (USDC W.D. Okla. April...
Humor in Retail
June 17, 2013
Three reasons why humor is important to retail: 1. Customers want it: Humor helps create a more pleasing environment and helps create more enjoyable interactions with sales people and customer service agents. 2. Employees want it: People work for more than just money. Retail environments are workplaces. Employees want an enjoyable, fun place to work. 3. Brands (might) want it: Humor is a way to delight customers – a goal of any company that relies on word of mouth. Moreover, to the degree...
June 17, 2013
Three reasons why humor is important to retail: 1. Customers want it: Humor helps create a more pleasing environment and helps create more enjoyable interactions with sales people and customer service agents. 2. Employees want it: People work for more than just money. Retail environments are workplaces. Employees want an enjoyable, fun place to work. 3. Brands (might) want it: Humor is a way to delight customers – a goal of any company that relies on word of mouth. Moreover, to the degree...
Are Law Schools Neglecting Half of the Brain?
June 16, 2013
The notion that law schools should teach more practical skills and hands-on training is in vogue these days. But Paula...
June 16, 2013
The notion that law schools should teach more practical skills and hands-on training is in vogue these days. But Paula...
New Statistics Highlight Power of Social Media for Law Firms
June 16, 2013
Monica Jade Romeri (@mjromeriddc) shared yesterday 17 statistics highlighting the power of social media. The new statistics from HubSpot’s 2013 State of Inbound Marketing Report provide ample support for lawyers’ and law firms’ investing time and money in social media for business development. Here’s 15 of the stats that I thought would be of interest to you. They certainly were to folks on Twitter and LinkedIn when I shared word of the statistics yesterday. 27% of total US internet...
June 16, 2013
Monica Jade Romeri (@mjromeriddc) shared yesterday 17 statistics highlighting the power of social media. The new statistics from HubSpot’s 2013 State of Inbound Marketing Report provide ample support for lawyers’ and law firms’ investing time and money in social media for business development. Here’s 15 of the stats that I thought would be of interest to you. They certainly were to folks on Twitter and LinkedIn when I shared word of the statistics yesterday. 27% of total US internet...
