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Buyer and Seller Differences in Business‐to‐Business Negotiations
July 23, 2019
The purpose of this article is twofold: first, to examine the differences between buyers' and sellers' use of negotiation tactics in face‐to‐face business‐to‐business (B2B) negotiations and second, to explore how negotiators' professed negotiation styles influence buyers' and sellers' use of tactics. The methodology is a multiple case study analysis of eighteen negotiators representing twelve companies in six real‐life buyer–seller negotiations in B2B settings analyzed using qualitative...
July 23, 2019
The purpose of this article is twofold: first, to examine the differences between buyers' and sellers' use of negotiation tactics in face‐to‐face business‐to‐business (B2B) negotiations and second, to explore how negotiators' professed negotiation styles influence buyers' and sellers' use of tactics. The methodology is a multiple case study analysis of eighteen negotiators representing twelve companies in six real‐life buyer–seller negotiations in B2B settings analyzed using qualitative...
Predicting Chapter 11 Bankruptcy Case Outcomes Using the Federal Judicial Center IDB and Ensemble Artificial Intelligence
July 22, 2019
In this project, the authors obtained public data on over 100,000 Chapter 11 bankruptcy cases and used machine and deep-learning methodologies to explore whether models could be designed to predict Chapter 11 case outcomes. The data used was obtained from the Federal Judicial Center’s bankruptcy Integrated Database and included information about case filing dates, the court where the case was filed, the type of business entity, and basic information about assets and liabilities. Using this information,...
July 22, 2019
In this project, the authors obtained public data on over 100,000 Chapter 11 bankruptcy cases and used machine and deep-learning methodologies to explore whether models could be designed to predict Chapter 11 case outcomes. The data used was obtained from the Federal Judicial Center’s bankruptcy Integrated Database and included information about case filing dates, the court where the case was filed, the type of business entity, and basic information about assets and liabilities. Using this information,...
Predictive Contracting
July 18, 2019
This Article examines how contract drafters can use data on contract outcomes to inform contract design. Building on recent developments in contract data collection and analysis, the Article proposes “predictive contracting,” a new method of contracting in which contract drafters can design contracts using a technology system that helps predict the connections between contract terms and outcomes. Predictive contracting will be powered by machine learning and draw on contract data obtained from...
July 18, 2019
This Article examines how contract drafters can use data on contract outcomes to inform contract design. Building on recent developments in contract data collection and analysis, the Article proposes “predictive contracting,” a new method of contracting in which contract drafters can design contracts using a technology system that helps predict the connections between contract terms and outcomes. Predictive contracting will be powered by machine learning and draw on contract data obtained from...
What Did Wimbledon Teach Us About Genius?
July 17, 2019
Sunday’s tennis championship at Wimbledon between Novak Djokovic and Roger Federer lasted nearly five hours, a record. It finished with a 12-12 tie in the final set, triggering a first-to-seven tie breaker. For tennis fans, it was an epic struggle between legends, in a storybook setting. The weather was perfect and the hats were divine. For readers of David Epstein’s new book Range: Why Generalists Triumph in a Specialized World, however, it was an academic nail biter, a test case in a simmering...
July 17, 2019
Sunday’s tennis championship at Wimbledon between Novak Djokovic and Roger Federer lasted nearly five hours, a record. It finished with a 12-12 tie in the final set, triggering a first-to-seven tie breaker. For tennis fans, it was an epic struggle between legends, in a storybook setting. The weather was perfect and the hats were divine. For readers of David Epstein’s new book Range: Why Generalists Triumph in a Specialized World, however, it was an academic nail biter, a test case in a simmering...
Where do we go from Here? Transformation and Acceleration of Legal Analytics in Practice
July 15, 2019
The advantages of evidence-based decision-making in the practice and theory of law should be obvious: Don’t make arguments to judges that seldom persuade; Jurisprudential analysis ought to align with sound social science; Attorneys should pitch legal work to clients that demonstrably need it. Despite the appearance of simplicity, there are practical and attitudinal barriers to finding and incorporating data into the practice of law. This article evaluates the current technologies and systems...
July 15, 2019
The advantages of evidence-based decision-making in the practice and theory of law should be obvious: Don’t make arguments to judges that seldom persuade; Jurisprudential analysis ought to align with sound social science; Attorneys should pitch legal work to clients that demonstrably need it. Despite the appearance of simplicity, there are practical and attitudinal barriers to finding and incorporating data into the practice of law. This article evaluates the current technologies and systems...
AALL Litigation Analytics Super Session
July 14, 2019
If you are attending the annual meeting of the American Association of Law Libraries starting Saturday in Washington, D.C., then consider attending Monday’s “super session” on the use of litigation analytics in federal and state courts. The 2.5 hour session will include three separate panels — one of which I will moderate — that will collectively take a deep dive into the current state and future course of litigation analytics. The panels are composed of a who’s who of people...
July 14, 2019
If you are attending the annual meeting of the American Association of Law Libraries starting Saturday in Washington, D.C., then consider attending Monday’s “super session” on the use of litigation analytics in federal and state courts. The 2.5 hour session will include three separate panels — one of which I will moderate — that will collectively take a deep dive into the current state and future course of litigation analytics. The panels are composed of a who’s who of people...
Entrepreneurs’ Legal Status Choices and the C Corporation Survival Penalty
July 13, 2019
Foundational to the American Dream is the ability to easily and rapidly start a new business. Over the past quarter‐century, the limited liability company (LLC) dramatically shifted the choice of legal status calculus for entrepreneurs, and in its wake a consensus against the use of traditional C corporations by closely‐held firms emerged. The C corporation, scholars argued, had fatal drawbacks despite its simplicity: tax disadvantages as well as governance inflexibility. Due to historically...
July 13, 2019
Foundational to the American Dream is the ability to easily and rapidly start a new business. Over the past quarter‐century, the limited liability company (LLC) dramatically shifted the choice of legal status calculus for entrepreneurs, and in its wake a consensus against the use of traditional C corporations by closely‐held firms emerged. The C corporation, scholars argued, had fatal drawbacks despite its simplicity: tax disadvantages as well as governance inflexibility. Due to historically...
An Empirical Study of Dispute Resolution Clauses in International Supply Contracts
July 10, 2019
International transactions present unique legal risks. When a contract touches several different nations, a party may not know where it will be called upon to defend a lawsuit or, alternatively, which nation’s law will be applied to resolve that dispute. To mitigate these risks, parties will often write dispute resolution provisions into their contracts. Arbitration clauses and forum selection clauses help to reduce uncertainty relating to forum. Choice-of-law clauses help to reduce uncertainty...
July 10, 2019
International transactions present unique legal risks. When a contract touches several different nations, a party may not know where it will be called upon to defend a lawsuit or, alternatively, which nation’s law will be applied to resolve that dispute. To mitigate these risks, parties will often write dispute resolution provisions into their contracts. Arbitration clauses and forum selection clauses help to reduce uncertainty relating to forum. Choice-of-law clauses help to reduce uncertainty...
DeepMind Can Now Beat Us at Multiplayer Games, Too
July 6, 2019
Chess and Go were child’s play. Now A.I. is winning at capture the flag. Will such skills translate to the real world? In a paper published on Thursday in Science (and previously available on the website arXiv before peer review), the researchers reported that they had designed automated “agents” that exhibited humanlike behavior when playing the capture the flag “game mode” inside Quake III. These agents were able to team up against human players or play alongside them,...
July 6, 2019
Chess and Go were child’s play. Now A.I. is winning at capture the flag. Will such skills translate to the real world? In a paper published on Thursday in Science (and previously available on the website arXiv before peer review), the researchers reported that they had designed automated “agents” that exhibited humanlike behavior when playing the capture the flag “game mode” inside Quake III. These agents were able to team up against human players or play alongside them,...
Lex Machina Antitrust Litigation Report Shows Decline in New Case Filings and Strong Influence of Multidistrict Litigation
July 3, 2019
Cases against pharmaceutical and chemical companies dominated new case filings The federal government was the top plaintiff...
July 3, 2019
Cases against pharmaceutical and chemical companies dominated new case filings The federal government was the top plaintiff...
