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California Study Examines Litigant Preferences for Resolving Civil Lawsuits: Mediation
February 14, 2014
University of California, Davis Professor Donna Shestowsky has authored a new study, “The Psychology of Procedural Preference: How Litigants Evaluate Legal Procedures Ex Ante,” on the legal procedures preferred by people involved in civil lawsuits at the start of their cases. The study, recently published in Iowa Law Review, finds that people involved in civil lawsuits prefer mediation to nonbinding arbitration and like judge trials more than jury trials. “The clear overall preference...
February 14, 2014
University of California, Davis Professor Donna Shestowsky has authored a new study, “The Psychology of Procedural Preference: How Litigants Evaluate Legal Procedures Ex Ante,” on the legal procedures preferred by people involved in civil lawsuits at the start of their cases. The study, recently published in Iowa Law Review, finds that people involved in civil lawsuits prefer mediation to nonbinding arbitration and like judge trials more than jury trials. “The clear overall preference...
Employment Agency Is Not Employer
February 13, 2014
Matter of John Lack Associates (Commissioner of Labor), ___A.D. 3d___ (3rd Dep't. Dec. 5, 2013), is an interesting decision. In applying the Right to Control test, the court concludes that an agency that hired waitresses is not their employer, reasoning: John Lack provides its clients with individuals fitting the client's requirements for each particular event. The agency neither interviews nor screens the workers, other than to ensure that they have the necessary uniform and equipment. However,...
February 13, 2014
Matter of John Lack Associates (Commissioner of Labor), ___A.D. 3d___ (3rd Dep't. Dec. 5, 2013), is an interesting decision. In applying the Right to Control test, the court concludes that an agency that hired waitresses is not their employer, reasoning: John Lack provides its clients with individuals fitting the client's requirements for each particular event. The agency neither interviews nor screens the workers, other than to ensure that they have the necessary uniform and equipment. However,...
Expect Jurors to Apply Their Own Standard of Proof
February 13, 2014
The Study: Do Jurors Rule Based on Standard of Proof? No, they don't. Not really, or at least not when it matters most. That is the conclusion of Florida State University behavioral economist Brent Davis in this recent study. The results do conflict with some research showing very small differences in the right directions (for example Glöckner & Engel, 2013). But Davis' method was unique in several respects. Most importantly, his study represents the first true incentivized simulation...
February 13, 2014
The Study: Do Jurors Rule Based on Standard of Proof? No, they don't. Not really, or at least not when it matters most. That is the conclusion of Florida State University behavioral economist Brent Davis in this recent study. The results do conflict with some research showing very small differences in the right directions (for example Glöckner & Engel, 2013). But Davis' method was unique in several respects. Most importantly, his study represents the first true incentivized simulation...
Can an Arbitrator Be Sued for Failing to Disclose Gifts From a Lawyer?
February 13, 2014
"If lawyers are allowed to wine and dine arbitrators [and not disclose that information], some pressure comes to bear," Susan Hays, an Austin solo who represents the plaintiffs in Patten, told the court.
February 13, 2014
"If lawyers are allowed to wine and dine arbitrators [and not disclose that information], some pressure comes to bear," Susan Hays, an Austin solo who represents the plaintiffs in Patten, told the court.
ABA Lit GC Conf Tomorrow: Leveraging Tech in Mediation
February 13, 2014
Learn how "big data" and other technologies can be used to predict mediation outcomes and leave, or put, more money in your...
February 13, 2014
Learn how "big data" and other technologies can be used to predict mediation outcomes and leave, or put, more money in your...
Increasing Legalism in Global Commercial Arbitration
February 13, 2014
University of Missouri School of Law Professor S. I. Strong has published Increasing Legalism in International Commercial Arbitration: A New Theory of Causes, a New Approach to Cures, 7 World Arbitration and Mediation Review 117 (2013); University of Missouri School of Law Legal Studies Research Paper No. 2013-26. In her paper, Professor Strong discusses several possible explanations for an increased use of legalistic procedures in the realm of international commercial arbitration as well as potential...
February 13, 2014
University of Missouri School of Law Professor S. I. Strong has published Increasing Legalism in International Commercial Arbitration: A New Theory of Causes, a New Approach to Cures, 7 World Arbitration and Mediation Review 117 (2013); University of Missouri School of Law Legal Studies Research Paper No. 2013-26. In her paper, Professor Strong discusses several possible explanations for an increased use of legalistic procedures in the realm of international commercial arbitration as well as potential...
6 Ways for GCs to Do More With Less
February 13, 2014
5. Develop Litigation Strategies Early Litigation can only be cost-effective where there is a big-picture strategy developed at the outset, when the facts are fresh and the relevant players are still available. It is important to set aside time to do this, as soon as the complaint comes in, rather than allowing the case to lapse into the myriad legal activities that can feel like progress but don’t genuinely advance the case. The most important issue to be addressed at the outset is whether...
February 13, 2014
5. Develop Litigation Strategies Early Litigation can only be cost-effective where there is a big-picture strategy developed at the outset, when the facts are fresh and the relevant players are still available. It is important to set aside time to do this, as soon as the complaint comes in, rather than allowing the case to lapse into the myriad legal activities that can feel like progress but don’t genuinely advance the case. The most important issue to be addressed at the outset is whether...
Neutralizing Unethical Negotiating Tactics: An Empirical Investigation of Approach Selection and Effectiveness
February 13, 2014
Negotiation is integral to business success, and information is the lifeblood of the negotiation process. When invalid information is disseminated via manipulation or deceit, one or more parties can suffer. Nonetheless, many studies have shown that the use of questionable or unethical tactics is commonplace. This article reports on a study of twelve behaviors that can neutralize a counterpart's tendencies to employ questionable or unethical tactics, improving the chances for an integrative (win–win)...
February 13, 2014
Negotiation is integral to business success, and information is the lifeblood of the negotiation process. When invalid information is disseminated via manipulation or deceit, one or more parties can suffer. Nonetheless, many studies have shown that the use of questionable or unethical tactics is commonplace. This article reports on a study of twelve behaviors that can neutralize a counterpart's tendencies to employ questionable or unethical tactics, improving the chances for an integrative (win–win)...
LegalTech New York Reviews Are In
February 12, 2014
Observations from the biggest technology show in the legal industry: "no new stuff." It’s been about a week since LegalTech New York attendees packed their bags and headed home. Now it’s time to reminisce, and in the case of bloggers, offer up reviews of the massive event. First up is attorney Robert Ambrogi, who runs LawSites. He says in a Feb. 10 post that there were few innovations this year, adding if there were any to be found they were “at best incremental.” However,...
February 12, 2014
Observations from the biggest technology show in the legal industry: "no new stuff." It’s been about a week since LegalTech New York attendees packed their bags and headed home. Now it’s time to reminisce, and in the case of bloggers, offer up reviews of the massive event. First up is attorney Robert Ambrogi, who runs LawSites. He says in a Feb. 10 post that there were few innovations this year, adding if there were any to be found they were “at best incremental.” However,...
12 on 12: Favorite Moments at LegalTech New York [Big Data]
February 12, 2014
12. Big Big Data: In contrast to the last few years, bringing up Big Data to the LTNY crowd (vendors, firms, consultants, etc.) did not invoke blank stares or disinterested yawns. Folks were willing and able to talk Big Data shop—mostly about ongoing analytics initiatives (primarily around legal spending and pricing) and e-discovery vendor-driven data mining and enterprise search efforts. Of the 10 or so Big Data technology/service vendors we spotted, many of them are also adding information governance ...
February 12, 2014
12. Big Big Data: In contrast to the last few years, bringing up Big Data to the LTNY crowd (vendors, firms, consultants, etc.) did not invoke blank stares or disinterested yawns. Folks were willing and able to talk Big Data shop—mostly about ongoing analytics initiatives (primarily around legal spending and pricing) and e-discovery vendor-driven data mining and enterprise search efforts. Of the 10 or so Big Data technology/service vendors we spotted, many of them are also adding information governance ...
