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Open Law Lab
April 8, 2013
Check Out - Open Law Lab (By Margaret Hagan – Student @ Stanford Law School). This is a welcome addition to the small...
April 8, 2013
Check Out - Open Law Lab (By Margaret Hagan – Student @ Stanford Law School). This is a welcome addition to the small...
Your “Likes” Can Reveal Your Personality
April 8, 2013
Recently, I have been conducting some research on what items surrounding a person say about that person’s personality and then...
April 8, 2013
Recently, I have been conducting some research on what items surrounding a person say about that person’s personality and then...
Preventing Bad Settlement Decisions and Impasse: Using Brain Science, Game Theory
April 8, 2013
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, and barriers to rational deals. We will explore the neuropsychology behind these defining characteristics and the mediator micro-interventions that can turn them from impasse ingredients to the seeds of a successful deal. We will explore modern brain science—not only as a way to explain...
April 8, 2013
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, and barriers to rational deals. We will explore the neuropsychology behind these defining characteristics and the mediator micro-interventions that can turn them from impasse ingredients to the seeds of a successful deal. We will explore modern brain science—not only as a way to explain...
Nursing Home Cannot Compel Arbitration Under Agreement Signed By Deceased Resident’s Son
April 8, 2013
The Eighth Circuit made quick work of a nursing home’s argument in favor of compelling arbitration this week. In a suit alleging negligent care of a resident, the court ruled that the arbitration agreement was not enforceable because the resident never signed it. GGNSC Omaha Oak Grove, LLC v. Payich, __ F.3d __, 2013 WL 776811 (8th Cir. March 4, 2013). The fact pattern in this case is probably a common one. When the mother entered the nursing home’s care, she did not sign either the...
April 8, 2013
The Eighth Circuit made quick work of a nursing home’s argument in favor of compelling arbitration this week. In a suit alleging negligent care of a resident, the court ruled that the arbitration agreement was not enforceable because the resident never signed it. GGNSC Omaha Oak Grove, LLC v. Payich, __ F.3d __, 2013 WL 776811 (8th Cir. March 4, 2013). The fact pattern in this case is probably a common one. When the mother entered the nursing home’s care, she did not sign either the...
Parties May Refer to Outcome of Mediation, Not Details of It
April 8, 2013
The Ohio Supreme Court concluded that parties are permitted to refer to the outcome of mediation, including what was not settled, in affidavits and other court filings, as long as they do not disclose details about the mediation itself. State ex rel. Lanham v. DeWine, 2013 Ohio 199 (Ohio, January 29, 2013).
April 8, 2013
The Ohio Supreme Court concluded that parties are permitted to refer to the outcome of mediation, including what was not settled, in affidavits and other court filings, as long as they do not disclose details about the mediation itself. State ex rel. Lanham v. DeWine, 2013 Ohio 199 (Ohio, January 29, 2013).
Claim Files Are Evaluated Using a Form of Root Cause Analysis
April 8, 2013
We have heard the mantra time and time again about how treating the symptom of a problem doesn’t do anything to cure the cause of the problem. As one of my favorite bloggers Seth Godin recently wrote in Signals vs. causes, “A fever might be the symptom of a disease, but artificially lowering the fever (ice bath, anyone?) isn’t going to do anything at all to change the illness.” Assessing a claim file is like doing a Root Cause Analysis. Looking at the damages and paying the claim...
April 8, 2013
We have heard the mantra time and time again about how treating the symptom of a problem doesn’t do anything to cure the cause of the problem. As one of my favorite bloggers Seth Godin recently wrote in Signals vs. causes, “A fever might be the symptom of a disease, but artificially lowering the fever (ice bath, anyone?) isn’t going to do anything at all to change the illness.” Assessing a claim file is like doing a Root Cause Analysis. Looking at the damages and paying the claim...
Pepperdine’s Straus Institute for Dispute Resolution Ranked Number One Again
April 8, 2013
The Straus Institute for Dispute Resolution builds on its 26-year history and continues to top the U.S. News &...
April 8, 2013
The Straus Institute for Dispute Resolution builds on its 26-year history and continues to top the U.S. News &...
ViralSearch: Identifying and Visualizing Viral Content (via MicrosoftResearch)
April 7, 2013
VentureBeat reports Microsoft announced a new research project named ViralSearch. ViralSearch lets you search and navigate...
April 7, 2013
VentureBeat reports Microsoft announced a new research project named ViralSearch. ViralSearch lets you search and navigate...
How Law Firms End Up on IBM GC’s Do-Not-Hire List
April 7, 2013
Lawyers who lead corporate law departments often have a do-not-hire list of banned law firms, even if it’s not committed to writing. IBM general counsel Robert Weber is no different. There are about 10 law firms and 10 individual lawyers he refuses to hire, the American Lawyer reports. He explained why in an interview with the publication. “The first sin is pretty simple,” the story says. “Forget what all those business development gurus say. Don't solicit Weber's corporate counterparts...
April 7, 2013
Lawyers who lead corporate law departments often have a do-not-hire list of banned law firms, even if it’s not committed to writing. IBM general counsel Robert Weber is no different. There are about 10 law firms and 10 individual lawyers he refuses to hire, the American Lawyer reports. He explained why in an interview with the publication. “The first sin is pretty simple,” the story says. “Forget what all those business development gurus say. Don't solicit Weber's corporate counterparts...
ABA Techshow: Southwest by South
April 7, 2013
The southwest and south exhibit halls to the American Bar Association's Techshow at the Chicago Hilton opened Thursday. There were no flash mobs, but plenty of signs in the southwest hall that new and enhanced products continue to be released afterLegalTech New York. Among the offerings: • Santa Clara, Calif.-based Connected Datadebuted its Transporter product (pictured left). It is an on-premise, network storage device designed to share files with other Transporter devices anywhere in the world,...
April 7, 2013
The southwest and south exhibit halls to the American Bar Association's Techshow at the Chicago Hilton opened Thursday. There were no flash mobs, but plenty of signs in the southwest hall that new and enhanced products continue to be released afterLegalTech New York. Among the offerings: • Santa Clara, Calif.-based Connected Datadebuted its Transporter product (pictured left). It is an on-premise, network storage device designed to share files with other Transporter devices anywhere in the world,...
