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Highly Accurate Predictive Analytics Used to Help Settle Longshot Mediation
February 18, 2014
According to reports, Mary Brennan Stich, Vice-President and Associate General Counsel of Rackspace Hosting, recently used...
February 18, 2014
According to reports, Mary Brennan Stich, Vice-President and Associate General Counsel of Rackspace Hosting, recently used...
The Influence of Emotional Intelligence on Negotiation Outcomes and the Mediating Effect of Rapport
February 18, 2014
Although early research on negotiation focused on cognition and decision-making processes, recently, negotiation scholars have started to pay attention to the importance of emotion in negotiation and have suggested that emotional intelligence is likely to improve negotiation performance. Few studies, however, have tested the relationship between emotional intelligence and negotiation outcomes. This study contributes by empirically testing the influence of emotional intelligence on specific negotiation...
February 18, 2014
Although early research on negotiation focused on cognition and decision-making processes, recently, negotiation scholars have started to pay attention to the importance of emotion in negotiation and have suggested that emotional intelligence is likely to improve negotiation performance. Few studies, however, have tested the relationship between emotional intelligence and negotiation outcomes. This study contributes by empirically testing the influence of emotional intelligence on specific negotiation...
Surden on Technological Cost & IP Governance
February 17, 2014
Harry Surden (University of Colorado Law School) has postedTechnological Cost as Law in Intellectual Property (Harvard Journal of Law and Technology, Vol. 27, No. 1, 2013) on SSRN. Here is the abstract: Changes in the scope of IP legal rights are generally thought to be linked to changes in positive law. This Article argues that shifts in the scope of IP laws are often driven by changes in technological feasibility and not by changes in positive law. Diminishing technological constraint is an under-acknowledged...
February 17, 2014
Harry Surden (University of Colorado Law School) has postedTechnological Cost as Law in Intellectual Property (Harvard Journal of Law and Technology, Vol. 27, No. 1, 2013) on SSRN. Here is the abstract: Changes in the scope of IP legal rights are generally thought to be linked to changes in positive law. This Article argues that shifts in the scope of IP laws are often driven by changes in technological feasibility and not by changes in positive law. Diminishing technological constraint is an under-acknowledged...
D&O Insurance: Settlement of Antitrust Claim for Underpaid Wages Not Excluded “Disgorgement”
February 17, 2014
A settlement of an antitrust lawsuit alleging that a group of hospitals conspired to underpay their nurses did not represent excluded “disgorgement” and therefore was not excluded from coverage under William Beaumont Hospital’s management liability insurance policy, according to a January 16, 2014 Sixth Circuit decision. The opinion will likely be of particular interest to policyholder advocates disputing insurers’ position that an amount for which insurance coverage is sought represents...
February 17, 2014
A settlement of an antitrust lawsuit alleging that a group of hospitals conspired to underpay their nurses did not represent excluded “disgorgement” and therefore was not excluded from coverage under William Beaumont Hospital’s management liability insurance policy, according to a January 16, 2014 Sixth Circuit decision. The opinion will likely be of particular interest to policyholder advocates disputing insurers’ position that an amount for which insurance coverage is sought represents...
Court Approves Arbitrator’s Allowance of Class Arbitration by Estoppel
February 17, 2014
In Hill v. Wackenhut Services International, an employment-related dispute involving alleged unpaid compensation for employees’ work on American military bases overseas, the U.S. District Court for the District of Columbia upheld an arbitral award authorizing class arbitration, basing its decision on the extremely limited availability of judicial review of arbitral awards and two Supreme Court cases. Stolt-Nielsen S.A. v. Animal Feeds International Corp. (2010) held that a court may not uphold...
February 17, 2014
In Hill v. Wackenhut Services International, an employment-related dispute involving alleged unpaid compensation for employees’ work on American military bases overseas, the U.S. District Court for the District of Columbia upheld an arbitral award authorizing class arbitration, basing its decision on the extremely limited availability of judicial review of arbitral awards and two Supreme Court cases. Stolt-Nielsen S.A. v. Animal Feeds International Corp. (2010) held that a court may not uphold...
Beyond International Commercial Arbitration? the Promise of International Commercial Mediation
February 17, 2014
Professor S.I. Strong, Associate Professor at the University of Missouri School of Law (and a friend of this blog) has published “Beyond International Commercial Arbitration? the Promise of International Commercial Mediation,” 42 Washington University Journal of Law and Policy, 2014, Forthcoming; University of Missouri School of Law Legal Studies Research Paper No. 2013-21. In her article, Professor Strong examines the role of mediation in international business disputes. Here is the abstract: Although...
February 17, 2014
Professor S.I. Strong, Associate Professor at the University of Missouri School of Law (and a friend of this blog) has published “Beyond International Commercial Arbitration? the Promise of International Commercial Mediation,” 42 Washington University Journal of Law and Policy, 2014, Forthcoming; University of Missouri School of Law Legal Studies Research Paper No. 2013-21. In her article, Professor Strong examines the role of mediation in international business disputes. Here is the abstract: Although...
Procedural Issues Resulting From a Fraud Claim in International Commercial Arbitration
February 17, 2014
Allegations of fraud and corruption are increasingly encountered in international arbitrations but there is at times a perception that international arbitration, which is by nature a private and consensual dispute resolution mechanism, is ill-equipped to handle the challenges thrown up by such allegations. This is particularly so when looking at arbitral procedure. Is this perception justified or is international arbitration flexible enough a tool to overcome these challenges? Is a dispute concerning...
February 17, 2014
Allegations of fraud and corruption are increasingly encountered in international arbitrations but there is at times a perception that international arbitration, which is by nature a private and consensual dispute resolution mechanism, is ill-equipped to handle the challenges thrown up by such allegations. This is particularly so when looking at arbitral procedure. Is this perception justified or is international arbitration flexible enough a tool to overcome these challenges? Is a dispute concerning...
The Economist on the Affect of Technology on Employment – Including Law
February 16, 2014
This article from The Economist surveys the opinions of several economists on the impact of technology on employment in the near and long term, including white collar occupations like the legal services industry. An excerpt: For much of the 20th century, those arguing that technology brought ever more jobs and prosperity looked to have the better of the debate. Real incomes in Britain scarcely doubled between the beginning of the common era and 1570. They then tripled from 1570 to 1875. And they...
February 16, 2014
This article from The Economist surveys the opinions of several economists on the impact of technology on employment in the near and long term, including white collar occupations like the legal services industry. An excerpt: For much of the 20th century, those arguing that technology brought ever more jobs and prosperity looked to have the better of the debate. Real incomes in Britain scarcely doubled between the beginning of the common era and 1570. They then tripled from 1570 to 1875. And they...
As Work Gets More Complex, Six Rules to Simplify
February 16, 2014
Why do people feel so miserable and disengaged at work? Because today's businesses are increasingly and dizzyingly complex...
February 16, 2014
Why do people feel so miserable and disengaged at work? Because today's businesses are increasingly and dizzyingly complex...
Sperm Carry Memory Across Generations of Mice
February 16, 2014
On December 7th, I wrote a blog post about a published study in which scientists, Brian Dias and Kerry Ressler, demonstrated mice could transfer an experiential threat memory across three generations. As the spotlight shines heavy, debates among scientists heated up after it’s print debut in last week’s issue of Nature Neuroscience. The novel, comprehensive and meticulously produced findings wowed most researchers. Still, others criticized such a bold claim as being without an identified...
February 16, 2014
On December 7th, I wrote a blog post about a published study in which scientists, Brian Dias and Kerry Ressler, demonstrated mice could transfer an experiential threat memory across three generations. As the spotlight shines heavy, debates among scientists heated up after it’s print debut in last week’s issue of Nature Neuroscience. The novel, comprehensive and meticulously produced findings wowed most researchers. Still, others criticized such a bold claim as being without an identified...
