Menu
News
Researchers Use Electricity to Stimulate Troops’ Brains
March 27, 2014
Tired troops may get a jolt out of a late-night caffeine boost, but researchers at the Air Force Research Laboratory say they may have found a better way to fight fatigue. A mild electric stimulation has proven in a research study of about 175 volunteers to be more effective for longer times than caffeine, said R. Andy McKinley, a 711th Human Performance Wing biomedical engineer in the Human Effectiveness Directorate. “We found this really helps keep your attention on task,” McKinley said.
March 27, 2014
Tired troops may get a jolt out of a late-night caffeine boost, but researchers at the Air Force Research Laboratory say they may have found a better way to fight fatigue. A mild electric stimulation has proven in a research study of about 175 volunteers to be more effective for longer times than caffeine, said R. Andy McKinley, a 711th Human Performance Wing biomedical engineer in the Human Effectiveness Directorate. “We found this really helps keep your attention on task,” McKinley said.
Lande on Advancing Negotiation Theory
March 27, 2014
John Lande (Missouri) has posted “A Framework for Advancing Negotiation Theory: Implications from a Study of How Lawyers Reach Agreement in Pretrial Litigation” on SSRN. The abstract: The prevailing negotiation theory tries to fit lots of square pegs into just two round holes – adversarial or cooperative bargaining. In the real world, negotiation comes in many different shapes, not just circles and squares. Analyzing law school textbook definitions of the traditional models, this article...
March 27, 2014
John Lande (Missouri) has posted “A Framework for Advancing Negotiation Theory: Implications from a Study of How Lawyers Reach Agreement in Pretrial Litigation” on SSRN. The abstract: The prevailing negotiation theory tries to fit lots of square pegs into just two round holes – adversarial or cooperative bargaining. In the real world, negotiation comes in many different shapes, not just circles and squares. Analyzing law school textbook definitions of the traditional models, this article...
After Agreeing to Mediators’ Proposal, Party Bound by Silence on Settlement Agreement
March 27, 2014
A fee-splitting dispute among some fifty law firms was resolved at the end of a difficult mediation when all parties finally accepted the mediators’ proposal for dividing fees. When the settlement agreement was drafted, however, one lawyer tweaked the terms and then was silent as the agreement moved forward and was signed by all other parties. Applying Illinois law, the U.S. Court of Appeals for the Seventh Circuit affirmed the district court’s conclusion that based on the parties’ long course...
March 27, 2014
A fee-splitting dispute among some fifty law firms was resolved at the end of a difficult mediation when all parties finally accepted the mediators’ proposal for dividing fees. When the settlement agreement was drafted, however, one lawyer tweaked the terms and then was silent as the agreement moved forward and was signed by all other parties. Applying Illinois law, the U.S. Court of Appeals for the Seventh Circuit affirmed the district court’s conclusion that based on the parties’ long course...
Lag in IP Awards Pegged to Federal Circuit Ruling
March 27, 2014
For the first time in years, intellectual property cases contributed no billion-dollar jury verdicts in 2013. In fact, IP recoveries decreased significantly both in number and in dollar amount when compared with 2012. The decrease in IP verdicts could reflect judges' interpretation of recent rulings by the U.S. Court of Appeals for the Federal Circuit that make it harder to prove damages, according to plaintiff-side lawyers.
March 27, 2014
For the first time in years, intellectual property cases contributed no billion-dollar jury verdicts in 2013. In fact, IP recoveries decreased significantly both in number and in dollar amount when compared with 2012. The decrease in IP verdicts could reflect judges' interpretation of recent rulings by the U.S. Court of Appeals for the Federal Circuit that make it harder to prove damages, according to plaintiff-side lawyers.
Antitrust Topples IP For Largest Awards
March 27, 2014
The top verdict in the country came in antitrust law: A $1.2 billion award against The Dow Chemical Co. in a case involving...
March 27, 2014
The top verdict in the country came in antitrust law: A $1.2 billion award against The Dow Chemical Co. in a case involving...
Judge Bransten Weighs in on Litigation Financing in NY
March 26, 2014
Judge Eileen Bransten issued a recent decision in New York County Supreme court, weighing in on the long-standing and, as yet, unsettled question of how alternative litigation financing (ALF) should be treated in NY state. In Litigation Funding LLC v. Jeffrey Lessoff, No. 650757/2012. The defendants in the case argued that a cash advance secured by interests in contingent fees in specific cases would be an ethical violation of 5.4(a). In her decision, Judge Bransten speaks favorably of the ALF industry,...
March 26, 2014
Judge Eileen Bransten issued a recent decision in New York County Supreme court, weighing in on the long-standing and, as yet, unsettled question of how alternative litigation financing (ALF) should be treated in NY state. In Litigation Funding LLC v. Jeffrey Lessoff, No. 650757/2012. The defendants in the case argued that a cash advance secured by interests in contingent fees in specific cases would be an ethical violation of 5.4(a). In her decision, Judge Bransten speaks favorably of the ALF industry,...
Neota Logic and SeyfarthLean Introduce Crowdfunding Software
March 26, 2014
Neota Logic Inc., the legal process application platform provider, has teamed up with SeyfarthLean Consulting, a subsidiary of Seyfarth Shaw, to launch Disclosure Dragon software for crowdfunding, according to a statement. The software has been developed on the Neota Logic Server to assist companies and crowdfunding portals with the legal and financial disclosure required for offerings under the Jumpstart Our Business Startups Act of 2012. In September, the JOBS Act changed a rule to allow private...
March 26, 2014
Neota Logic Inc., the legal process application platform provider, has teamed up with SeyfarthLean Consulting, a subsidiary of Seyfarth Shaw, to launch Disclosure Dragon software for crowdfunding, according to a statement. The software has been developed on the Neota Logic Server to assist companies and crowdfunding portals with the legal and financial disclosure required for offerings under the Jumpstart Our Business Startups Act of 2012. In September, the JOBS Act changed a rule to allow private...
At Harvard Law, Talk of Disruptive Innovation
March 26, 2014
"What if every lawyer worked at the same level of best practices? If technology could capture those best practices and help lawyers understand all this information, you would have fundamental change," he said. "This won't replace humans, it will augment them." Suh similarly characterized his company as a disruptive innovator. "Did we simplify a complex problem? Absolutely." Before LegalZoom, 70 percent of Americans did not have a will, he noted. Now, it is down to 50 percent. "More Americans are being...
March 26, 2014
"What if every lawyer worked at the same level of best practices? If technology could capture those best practices and help lawyers understand all this information, you would have fundamental change," he said. "This won't replace humans, it will augment them." Suh similarly characterized his company as a disruptive innovator. "Did we simplify a complex problem? Absolutely." Before LegalZoom, 70 percent of Americans did not have a will, he noted. Now, it is down to 50 percent. "More Americans are being...
Mental Illness Rejected as Basis for Undoing Mediated Settlement Agreement
March 26, 2014
A party who settled in mediation later claimed that he was mentally ill and should not be bound by the settlement agreement, but a Wisconsin appellate court upheld the agreement based on the trial court’s determination that the mental illness was a personality disorder and did not impact the party’s cognitive abilities, the fact that he was represented by counsel in the mediation, and the legal presumption that everyone is fully competent until proven otherwise. In re Estate of Jackowski,...
March 26, 2014
A party who settled in mediation later claimed that he was mentally ill and should not be bound by the settlement agreement, but a Wisconsin appellate court upheld the agreement based on the trial court’s determination that the mental illness was a personality disorder and did not impact the party’s cognitive abilities, the fact that he was represented by counsel in the mediation, and the legal presumption that everyone is fully competent until proven otherwise. In re Estate of Jackowski,...
Court Removes Arbitrator Over LinkedIn Disclosure Raising Doubt About Impartiality
March 26, 2014
The district court granted a motion to remove an arbitrator from presiding over an ongoing arbitration because of his failure timely to disclose a business pursuit that was likely to give rise to doubt regarding his impartiality. Sussex v. Turnberry/MGM Grand Towers, LLC, No. 08-cv-00773 (D. Nev. Dec. 31, 2013). Two years after his appointment, the arbitrator updated his LinkedIn profile to announce that he had recently refocused his practice to concentrate on the field of Litigation Finance...
March 26, 2014
The district court granted a motion to remove an arbitrator from presiding over an ongoing arbitration because of his failure timely to disclose a business pursuit that was likely to give rise to doubt regarding his impartiality. Sussex v. Turnberry/MGM Grand Towers, LLC, No. 08-cv-00773 (D. Nev. Dec. 31, 2013). Two years after his appointment, the arbitrator updated his LinkedIn profile to announce that he had recently refocused his practice to concentrate on the field of Litigation Finance...
