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Citing Proportionality, Court Declines to Require Defendant to Redo Discovery Utilizing Only Predictive Coding
May 30, 2013
In re: Biomet M2a Magnum Hip Implant Prods. Liab. Litig., NO. 3:12-MD-2391 (N.D. Ind. Apr. 18, 2013) In this product liability case, Plaintiffs’ Steering Committee objected to Biomet’s reliance on keyword searching to initially reduce the volume of information it then subjected to predictive coding and sought to require Biomet to start again and to utilize only predictive coding, with plaintiffs’ input. The court concluded that Biomet’s efforts complied with its discovery obligations...
May 30, 2013
In re: Biomet M2a Magnum Hip Implant Prods. Liab. Litig., NO. 3:12-MD-2391 (N.D. Ind. Apr. 18, 2013) In this product liability case, Plaintiffs’ Steering Committee objected to Biomet’s reliance on keyword searching to initially reduce the volume of information it then subjected to predictive coding and sought to require Biomet to start again and to utilize only predictive coding, with plaintiffs’ input. The court concluded that Biomet’s efforts complied with its discovery obligations...
International Conference on Artificial Intelligence and Law (Rome 2013 – Registration is Now Open!)
May 30, 2013
As a member of the AI+Law 2013 Program Committee it is my pleasure to invite you to attend the International Conference on Artificial Intelligence and Law – Rome 2013 — June 10-14. The conference will feature the core program of peer reviewed papers, research abstracts and project demos. In addition, the conference features two days of workshops and tutorials in topics such as Computational Models of Natural Argument, Textual Extraction from Legal Resources, Machine Learning in E-Discovery,...
May 30, 2013
As a member of the AI+Law 2013 Program Committee it is my pleasure to invite you to attend the International Conference on Artificial Intelligence and Law – Rome 2013 — June 10-14. The conference will feature the core program of peer reviewed papers, research abstracts and project demos. In addition, the conference features two days of workshops and tutorials in topics such as Computational Models of Natural Argument, Textual Extraction from Legal Resources, Machine Learning in E-Discovery,...
Finding a Bottom Line – Helping Your Client Value A Case for Settlement or Mediation
May 30, 2013
The gold standard for negotiation strategy for settling cases of all kinds was set in Fisher and Ury’s Getting to Yes....
May 30, 2013
The gold standard for negotiation strategy for settling cases of all kinds was set in Fisher and Ury’s Getting to Yes....
After Blocking Mediation, Party Cannot Use Lack of Mediation to Prevent Arbitration
May 30, 2013
In confirming a foreign arbitral award, a federal court concluded that the question whether the parties’ dispute resolution...
May 30, 2013
In confirming a foreign arbitral award, a federal court concluded that the question whether the parties’ dispute resolution...
Choosing A Forum For Dispute Resolution
May 29, 2013
To the best of our knowledge, funding contracts generally require arbitration to resolve disputes. While arbitration has significant appeal, it may not always be the optimal arrangement for reasons laid out below. Therefore, the model contract defaults to New York courts as the forum for dispute resolution. Arbitration’s Appeal and Downsides Arbitration has one significant advantage over courts: secrecy (confidentiality). Even the fact of the dispute can be kept secret, which preserves...
May 29, 2013
To the best of our knowledge, funding contracts generally require arbitration to resolve disputes. While arbitration has significant appeal, it may not always be the optimal arrangement for reasons laid out below. Therefore, the model contract defaults to New York courts as the forum for dispute resolution. Arbitration’s Appeal and Downsides Arbitration has one significant advantage over courts: secrecy (confidentiality). Even the fact of the dispute can be kept secret, which preserves...
What’s in Your Will about Your Digital Assets?
May 29, 2013
Pew Research has reported that since 2002 about 92% of adults in the US use email everyday but how many people include...
May 29, 2013
Pew Research has reported that since 2002 about 92% of adults in the US use email everyday but how many people include...
More on Seiner’s Post-Dukes Advice
May 29, 2013
Another shout out for Joe Seiner's (SC) recent article, "Weathering Wal-Mart," on post-Dukes class action lawyering. Thomson-Reuters...
May 29, 2013
Another shout out for Joe Seiner's (SC) recent article, "Weathering Wal-Mart," on post-Dukes class action lawyering. Thomson-Reuters...
Patent Litigation – One Size Does Not Fit All
May 29, 2013
Each patent infringement case is unique, with different technologies, different parties, different damages and different dynamics. Despite these differences, I frequently observe that most patent disputes are conducted with the same one-size-fits-all approach. Regardless of whether realistic damages are $100 thousand or $100 million, most patent disputes are conducted using traditional litigation practices that include several rounds of written discovery, numerous fact depositions, exchanges of thousands...
May 29, 2013
Each patent infringement case is unique, with different technologies, different parties, different damages and different dynamics. Despite these differences, I frequently observe that most patent disputes are conducted with the same one-size-fits-all approach. Regardless of whether realistic damages are $100 thousand or $100 million, most patent disputes are conducted using traditional litigation practices that include several rounds of written discovery, numerous fact depositions, exchanges of thousands...
Refusal to Make Offer at Mediation Not Bad Faith
May 29, 2013
Plaintiffs sought sanctions against defendant for refusing to make any offer in mediation while its motion for summary judgment was pending, arguing that defendant should have provided notice that the mediation would be futile. The court denied sanctions, noting that defendant had sent an out-of-state representative to the mediation with full settlement authority, so there was no bad faith. Defendant was helped by the facts that plaintiffs were also mediating an underlying state case with another...
May 29, 2013
Plaintiffs sought sanctions against defendant for refusing to make any offer in mediation while its motion for summary judgment was pending, arguing that defendant should have provided notice that the mediation would be futile. The court denied sanctions, noting that defendant had sent an out-of-state representative to the mediation with full settlement authority, so there was no bad faith. Defendant was helped by the facts that plaintiffs were also mediating an underlying state case with another...
Sergey Brin: Why Google Glass?
May 28, 2013
It's not a demo, more of a philosophical argument: Why did Sergey Brin and his team at Google want to build an eye-mounted camera/computer, codenamed Glass? Onstage at TED2013, Brin calls for a new way of seeing our relationship with our mobile computers -- not hunched over a screen but meeting the world heads-up.
May 28, 2013
It's not a demo, more of a philosophical argument: Why did Sergey Brin and his team at Google want to build an eye-mounted camera/computer, codenamed Glass? Onstage at TED2013, Brin calls for a new way of seeing our relationship with our mobile computers -- not hunched over a screen but meeting the world heads-up.
