Blog Archives
Manage App Overload on your iPad or iPhone with Folders
March 16, 2013
My latest ABA Journal tech column is called “Manage app overload on your iPad or iPhone with folders.” Most of us are starting to see a proliferation of apps, especially if you take advantage of the many free apps available. Sites like Apps Gone Free also let you know about pay apps that are free for a limited time. Before you realize it, you can have a lot of apps on your smartphones and tablet devices. At that point, just finding apps can become an issue. You probably also wish that...
March 16, 2013
My latest ABA Journal tech column is called “Manage app overload on your iPad or iPhone with folders.” Most of us are starting to see a proliferation of apps, especially if you take advantage of the many free apps available. Sites like Apps Gone Free also let you know about pay apps that are free for a limited time. Before you realize it, you can have a lot of apps on your smartphones and tablet devices. At that point, just finding apps can become an issue. You probably also wish that...
Using Michigan Law’s ‘Debt Wizard’ Should Be Part Of The LSAT Games Section
March 15, 2013
The University of Michigan Law School has created something beautiful. It’s a tool forged by the explosive union of “facts” and “math.” It’s a vision of a future where law students actually know what they’re getting into beforethey go to law school. It’s not perfect, but I feel as if I’ve just looked up at the first light on the fifth day, and seen something brilliant. Yes, I spent all day playing with the Michigan Law Debt Wizard. As we mentioned this morning, Michigan...
March 15, 2013
The University of Michigan Law School has created something beautiful. It’s a tool forged by the explosive union of “facts” and “math.” It’s a vision of a future where law students actually know what they’re getting into beforethey go to law school. It’s not perfect, but I feel as if I’ve just looked up at the first light on the fifth day, and seen something brilliant. Yes, I spent all day playing with the Michigan Law Debt Wizard. As we mentioned this morning, Michigan...
LPOs Stealing Deal Work from Law Firms
March 15, 2013
That is the title of this video interview of law firm consultant Kent Zimmermann of the Zeughauser Group. In the interview, Zimmermann relates a story from a recent large law firm retreat in which one of the partners raised her hand and said that one of her major clients in the healthcare industry recently used Axiom in an M&A deal. Not for due diligence. They used Axiom for the whole deal. For what it is worth, I think we have a language / perceptions gap at work here. At least...
March 15, 2013
That is the title of this video interview of law firm consultant Kent Zimmermann of the Zeughauser Group. In the interview, Zimmermann relates a story from a recent large law firm retreat in which one of the partners raised her hand and said that one of her major clients in the healthcare industry recently used Axiom in an M&A deal. Not for due diligence. They used Axiom for the whole deal. For what it is worth, I think we have a language / perceptions gap at work here. At least...
Working memory training does not live up to the hype
March 15, 2013
According to CogMed, one of the larger providers of computerised working memory training, the benefits of such training is "comprehensive" and includes "being able to stay focused, resist distractions, plan activities, complete tasks, and follow and contribute to complex discussions." Similar claims are made by other providers such as Jungle Memory and Cognifit, which is endorsed by neuroscientist Susan Greenfield. Working memory describes our ability to hold relevant information in mind for use in mental...
March 15, 2013
According to CogMed, one of the larger providers of computerised working memory training, the benefits of such training is "comprehensive" and includes "being able to stay focused, resist distractions, plan activities, complete tasks, and follow and contribute to complex discussions." Similar claims are made by other providers such as Jungle Memory and Cognifit, which is endorsed by neuroscientist Susan Greenfield. Working memory describes our ability to hold relevant information in mind for use in mental...
Fifth Circuit: Courts Lack Jurisdiction Over Foreign Arbitration Awards
March 15, 2013
The Fifth Circuit affirms that a Court may dismiss a petition to confirm a foreign arbitration award for lack of personal jurisdiction under the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. The Court’s opinion discusses recent Supreme Court precedent that clarifies that foreign entities that are neither present nor have property in the United States are nevertheless entitled to due process protections to challenge the exercise of personal jurisdiction...
March 15, 2013
The Fifth Circuit affirms that a Court may dismiss a petition to confirm a foreign arbitration award for lack of personal jurisdiction under the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. The Court’s opinion discusses recent Supreme Court precedent that clarifies that foreign entities that are neither present nor have property in the United States are nevertheless entitled to due process protections to challenge the exercise of personal jurisdiction...
“Cheeky” Maryland Rule, Requiring Mutuality In Arbitration Agreements, Not Preempted Under Concepcion
March 15, 2013
In most cases, if this blog mentions Concepcion, it means that a court has found a state statute or line of decisions is preempted by the FAA. A Maryland rule, however, recently ran the Concepcion gauntlet and survived. See Noohi v. Toll Bros., Inc., __ F.3d __, 2013 WL 680690 (4th Cir. Feb. 26, 2013). The Maryland rule in question is that arbitration provisions must be supported by consideration independent of the underlying contract, “namely, mutual obligation,” and stems from...
March 15, 2013
In most cases, if this blog mentions Concepcion, it means that a court has found a state statute or line of decisions is preempted by the FAA. A Maryland rule, however, recently ran the Concepcion gauntlet and survived. See Noohi v. Toll Bros., Inc., __ F.3d __, 2013 WL 680690 (4th Cir. Feb. 26, 2013). The Maryland rule in question is that arbitration provisions must be supported by consideration independent of the underlying contract, “namely, mutual obligation,” and stems from...
Recent Case Demonstrates Stray Remark Doctrine In Context of Emails
March 14, 2013
A Blacke auto parts store manager who alleged he was fired because of his supervisor's racial animosity has triable race discrimination and retaliation claims because he showed sufficient evidence of possible pretext, but cannot maintain his charge of a hostile work environment with a single derogatory email, the U.S. District Court for the District of Colorado ruled Jan. 29 (Hallmon v. Advance Auto Parts, Inc., D. Colo., No. 12-cv-00124, 1/29/13).
March 14, 2013
A Blacke auto parts store manager who alleged he was fired because of his supervisor's racial animosity has triable race discrimination and retaliation claims because he showed sufficient evidence of possible pretext, but cannot maintain his charge of a hostile work environment with a single derogatory email, the U.S. District Court for the District of Colorado ruled Jan. 29 (Hallmon v. Advance Auto Parts, Inc., D. Colo., No. 12-cv-00124, 1/29/13).
Arbitration and Access to Justice: Economic Analysis
March 14, 2013
Mandatory arbitration clauses in consumer contracts are widely regarded as problematic because they limit consumer’s access to judicial forums, to fair procedures, and potentially to any kind of remedy. But rather than looking at consumers as a group, I examine which sub groups of consumers are affected by this limitation more than others. I argue that in most circumstances, access to courts benefits the elite, not the weak. It is a species of open-access policy that has an unintended regressive...
March 14, 2013
Mandatory arbitration clauses in consumer contracts are widely regarded as problematic because they limit consumer’s access to judicial forums, to fair procedures, and potentially to any kind of remedy. But rather than looking at consumers as a group, I examine which sub groups of consumers are affected by this limitation more than others. I argue that in most circumstances, access to courts benefits the elite, not the weak. It is a species of open-access policy that has an unintended regressive...
Legal Tech in the Age of the Consumer
March 14, 2013
On the second day of the powerhouse that is LegalTech, I thought it might be timely to look at two signs of change for technology as it affects the enterprise legal market. The fact that you have a conference that goes for nearly three full days is a testament to (a) its staying power, and (b) that a lot of people want to go to New York on an expense account. Many of the prime movers in the legal technology space use the conference as an opportunity to release new products and initiatives...
March 14, 2013
On the second day of the powerhouse that is LegalTech, I thought it might be timely to look at two signs of change for technology as it affects the enterprise legal market. The fact that you have a conference that goes for nearly three full days is a testament to (a) its staying power, and (b) that a lot of people want to go to New York on an expense account. Many of the prime movers in the legal technology space use the conference as an opportunity to release new products and initiatives...
Acting Irrationally
March 14, 2013
Recently I had the opportunity to interview actor Peter Dinklage (of Game of Thrones fame) as part of the Rubin Museum Brainwave series, which pairs big names from pop culture with cognitive researchers to see what comes of it. My intention was to see if I could draw some connections between the craft of acting and the field of social science. (As it turned out, I was fairly unsuccessfully. For now.) I asked Mr. Dinklage several questions to this effect, which he answered in more or less the same...
March 14, 2013
Recently I had the opportunity to interview actor Peter Dinklage (of Game of Thrones fame) as part of the Rubin Museum Brainwave series, which pairs big names from pop culture with cognitive researchers to see what comes of it. My intention was to see if I could draw some connections between the craft of acting and the field of social science. (As it turned out, I was fairly unsuccessfully. For now.) I asked Mr. Dinklage several questions to this effect, which he answered in more or less the same...
