Menu
News
Ninth Circuit Cool to Privacy Claims Against Facebook, Zynga
February 28, 2014
Two privacy class actions with the potential for millions in statutory damages against Facebook and Zynga sounded destined to fail Friday at the U.S. Court of Appeals for the Ninth Circuit. But Facebook may not be completely off the hook, because a three-judge panel sounded willing to entertain breach-of-contract and other state law claims against the social network for revealing user IDs to third parties. Facebook attorney Aaron Panner of Kellogg, Huber, Hansen, Todd, Evans & Figel argued...
February 28, 2014
Two privacy class actions with the potential for millions in statutory damages against Facebook and Zynga sounded destined to fail Friday at the U.S. Court of Appeals for the Ninth Circuit. But Facebook may not be completely off the hook, because a three-judge panel sounded willing to entertain breach-of-contract and other state law claims against the social network for revealing user IDs to third parties. Facebook attorney Aaron Panner of Kellogg, Huber, Hansen, Todd, Evans & Figel argued...
Big Data and Analytics: Opportunities and Challenges
February 27, 2014
Big Data and Big Analytics can be used for a wide array of purposes, including increasing sales, improving competitive intelligence and managing workforces, by all sorts of entities. McKinsey reports that retailers adopting Big Data can increase operating margins by more than 60 percent. During the past holiday season, for example, Macy’s and J.C. Penney partnered with a shopping app provider to reward customers with discounts, or song downloads, for trying on clothes and making purchases. Best...
February 27, 2014
Big Data and Big Analytics can be used for a wide array of purposes, including increasing sales, improving competitive intelligence and managing workforces, by all sorts of entities. McKinsey reports that retailers adopting Big Data can increase operating margins by more than 60 percent. During the past holiday season, for example, Macy’s and J.C. Penney partnered with a shopping app provider to reward customers with discounts, or song downloads, for trying on clothes and making purchases. Best...
Towards the Development of Generic Computer Assisted Dispute Resolution, Based on Conflict Theory
February 27, 2014
Online dispute resolution (ODR) may be described as an attempt to use the internet to mainstream alternative dispute resolution (ADR). The question how conflict resolution and information technology interact at a fundamental level has received little attention. Improving information exchange about the substantive issues in a conflict prevents escalation of conflict and assists in resolution. Dispute resolution always involves separation of substantive and emotional issues. This is achieved by means...
February 27, 2014
Online dispute resolution (ODR) may be described as an attempt to use the internet to mainstream alternative dispute resolution (ADR). The question how conflict resolution and information technology interact at a fundamental level has received little attention. Improving information exchange about the substantive issues in a conflict prevents escalation of conflict and assists in resolution. Dispute resolution always involves separation of substantive and emotional issues. This is achieved by means...
New Book: A Short & Happy Guide to Mediation
February 27, 2014
I am pleased and proud to have authored a book unlike any other in the mediation field. I hope you will buy it and read it. And then...
February 27, 2014
I am pleased and proud to have authored a book unlike any other in the mediation field. I hope you will buy it and read it. And then...
“Rebooting” the Mediation Directive in the EU
February 27, 2014
Five and a half years since its adoption, the Mediation Directive (2008/52/EC) has not yet solved the ‘EU Mediation Paradox’....
February 27, 2014
Five and a half years since its adoption, the Mediation Directive (2008/52/EC) has not yet solved the ‘EU Mediation Paradox’....
Which Arbitration Agreement Clauses Will Texas Courts Find Unconscionable?
February 27, 2014
In recent years, courts have consistently supported employers’ use of arbitration agreements in employment settings. During the last few terms, the Supreme Court of the United States has issued several decisions, such as American Express Company v. Italian Colors Restaurant (2013) and AT&T Mobility, LLC v. Concepion (2011), upholding the use of arbitration agreements. Texas courts have also issued decisions, such as In re Halliburton Co. (2002), upholding the use of such agreements. While...
February 27, 2014
In recent years, courts have consistently supported employers’ use of arbitration agreements in employment settings. During the last few terms, the Supreme Court of the United States has issued several decisions, such as American Express Company v. Italian Colors Restaurant (2013) and AT&T Mobility, LLC v. Concepion (2011), upholding the use of arbitration agreements. Texas courts have also issued decisions, such as In re Halliburton Co. (2002), upholding the use of such agreements. While...
The Mediator Confronts Fear
February 26, 2014
A recent telephone conversation, with a woman who called to discuss divorce mediation despite her basic fears, prompts this...
February 26, 2014
A recent telephone conversation, with a woman who called to discuss divorce mediation despite her basic fears, prompts this...
Can Neuroscience Really Help Us Understand the Nuclear Negotiations With Iran?
February 26, 2014
A few days ago, Iran began multilateral talks in Vienna in search of a compromise about its nuclear ambitions. I’m no expert on international politics, but I’m sure that these vital negotiations will be influenced by the history of the relationships between the countries involved, the state of nuclear proliferation around the world, as well as by local political factors in Iran and its region. Psychology will also come into play in terms of the negotiation partners’ perceptions about what’s...
February 26, 2014
A few days ago, Iran began multilateral talks in Vienna in search of a compromise about its nuclear ambitions. I’m no expert on international politics, but I’m sure that these vital negotiations will be influenced by the history of the relationships between the countries involved, the state of nuclear proliferation around the world, as well as by local political factors in Iran and its region. Psychology will also come into play in terms of the negotiation partners’ perceptions about what’s...
The Neuroscience Guide to Negotiations With Iran
February 26, 2014
“Imagine being told that you cannot do what everyone else is doing,” appealed Iranian Foreign Minister Javad Zarif in a somber YouTube message defending the country’s nuclear program in November. “Would you back down? Would you relent? Or would you stand your ground?” While only 14 nations, including Iran, enrich uranium (e.g. “what everyone else is doing”), Zarif’s message raises a question at the heart of ongoing talks to implement a final nuclear settlement with Tehran:...
February 26, 2014
“Imagine being told that you cannot do what everyone else is doing,” appealed Iranian Foreign Minister Javad Zarif in a somber YouTube message defending the country’s nuclear program in November. “Would you back down? Would you relent? Or would you stand your ground?” While only 14 nations, including Iran, enrich uranium (e.g. “what everyone else is doing”), Zarif’s message raises a question at the heart of ongoing talks to implement a final nuclear settlement with Tehran:...
Jury Trials in Patent Cases
February 26, 2014
In his recent work-in-progress article, Professor Mark Lemley focuses on the question of whether the Seventh Amendment protects...
February 26, 2014
In his recent work-in-progress article, Professor Mark Lemley focuses on the question of whether the Seventh Amendment protects...
