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Lex Machina at LegalTech New York
February 12, 2014
At LegalTech, one of the more interesting panels featured Dan Katz of ReInvent Law and Josh Becker of Lex Machina. I tweeted...
February 12, 2014
At LegalTech, one of the more interesting panels featured Dan Katz of ReInvent Law and Josh Becker of Lex Machina. I tweeted...
Nonappealability Clauses in Arbitration Agreement Held Not Enforceable in the Ninth Circuit
February 12, 2014
Faced with a question of first impression, the Ninth Circuit recently held that a clause in an arbitration agreement that eliminates any and all federal court review of arbitration awards, including review under § 10 of the Federal Arbitration Act, is unenforeceable. The Court reasoned that allowing parties to “contractually eliminate all judicial review of arbitration awards . . . run[s] counter to the text of the FAA,” and “would also frustrate Congress’s attempt to ensure a minimum level...
February 12, 2014
Faced with a question of first impression, the Ninth Circuit recently held that a clause in an arbitration agreement that eliminates any and all federal court review of arbitration awards, including review under § 10 of the Federal Arbitration Act, is unenforeceable. The Court reasoned that allowing parties to “contractually eliminate all judicial review of arbitration awards . . . run[s] counter to the text of the FAA,” and “would also frustrate Congress’s attempt to ensure a minimum level...
Limits of Procedural Choice of Law
February 12, 2014
S. I. Strong, Professor and Senior Fellow at the Center for the Study of Dispute Resolution at the University of Missouri School of Law has authored an interesting article entitled Limits of Procedural Choice of Law, 39 Brooklyn Journal of International Law 2014, Forthcoming; University of Missouri School of Law Legal Studies Research Paper No. 2014-03. In her publication, Professor Strong examines the role of procedural, as opposed to substantive, law using international commercial arbitration proceedings...
February 12, 2014
S. I. Strong, Professor and Senior Fellow at the Center for the Study of Dispute Resolution at the University of Missouri School of Law has authored an interesting article entitled Limits of Procedural Choice of Law, 39 Brooklyn Journal of International Law 2014, Forthcoming; University of Missouri School of Law Legal Studies Research Paper No. 2014-03. In her publication, Professor Strong examines the role of procedural, as opposed to substantive, law using international commercial arbitration proceedings...
Groups, Decision Rules, and Negotiation Outcomes: Simulating the Negotiator’s Dilemma
February 12, 2014
The negotiator's dilemma is a vexing problem (structurally similar to the prisoner's dilemma), but it is made more complicated by the fact that many negotiations involve teams of negotiators. Although it is widely recognized that the behavior of groups of people can deviate in important ways from the behavior of individuals, the implications of this for the negotiator's dilemma are unclear. For this article, I have used a computer simulation to explore the impact of different decision...
February 12, 2014
The negotiator's dilemma is a vexing problem (structurally similar to the prisoner's dilemma), but it is made more complicated by the fact that many negotiations involve teams of negotiators. Although it is widely recognized that the behavior of groups of people can deviate in important ways from the behavior of individuals, the implications of this for the negotiator's dilemma are unclear. For this article, I have used a computer simulation to explore the impact of different decision...
Don’t Overthink Your Credibility Assessments
February 11, 2014
When it comes to assessing someone's believability and deciding whether they're lying to you or not, which works best: your quick "gut" intuition or more sustained and careful thought about it? It turns out, the answer is "neither." Immediate choices, as well as decisions made after longer deliberation, are both less reliable than judgments rendered after turning our minds away to focus on another task. This finding of a recent study (Reinhard, Greifeneder, & Scharmach 2013) suggests that unconscious...
February 11, 2014
When it comes to assessing someone's believability and deciding whether they're lying to you or not, which works best: your quick "gut" intuition or more sustained and careful thought about it? It turns out, the answer is "neither." Immediate choices, as well as decisions made after longer deliberation, are both less reliable than judgments rendered after turning our minds away to focus on another task. This finding of a recent study (Reinhard, Greifeneder, & Scharmach 2013) suggests that unconscious...
Do Rule 45 Amendments Impact The Arbitral Subpoena Power?
February 11, 2014
Certain amendments to Rule 45 of the Federal Rules of Civil Procedure became effective December 1, 2013. This is the Rule governing all aspects of obtaining evidence from non-parties by subpoena in federal civil proceedings. The amendments have potential relevance to arbitral practice for arbitrations that have their seat in the United States, as Section 7 of the Federal Arbitration Act (”FAA”) in certain respects equates arbitral subpoena power with judicial subpoena power, and in certain...
February 11, 2014
Certain amendments to Rule 45 of the Federal Rules of Civil Procedure became effective December 1, 2013. This is the Rule governing all aspects of obtaining evidence from non-parties by subpoena in federal civil proceedings. The amendments have potential relevance to arbitral practice for arbitrations that have their seat in the United States, as Section 7 of the Federal Arbitration Act (”FAA”) in certain respects equates arbitral subpoena power with judicial subpoena power, and in certain...
A Touch of Grey
February 11, 2014
Litigators are constantly faced with the decision of what stylistic methods to use in settlement negotiations to maximize value for the client and achieve overall objectives. Usually a strict black and white approach to each case will miss out on the shades of grey that are needed to navigate the settlement waters. Litigators must operate in a world of uncertainty, where ambiguous communications are woven between demands and counter offers, all leading to the goal of achieving a fair outcome. The negotiation...
February 11, 2014
Litigators are constantly faced with the decision of what stylistic methods to use in settlement negotiations to maximize value for the client and achieve overall objectives. Usually a strict black and white approach to each case will miss out on the shades of grey that are needed to navigate the settlement waters. Litigators must operate in a world of uncertainty, where ambiguous communications are woven between demands and counter offers, all leading to the goal of achieving a fair outcome. The negotiation...
Tech Circuit: Old, New, Borrowed and Blue at ReInvent Law
February 11, 2014
LegalTech New York, for all intents and purposes, has become a no-less-than-five day event. With the Tuesday-Thursday schedule, parties and briefings kick into high gear on Monday; pushing travel days to Sunday (or Saturday, if you are paranoid wise about typical winter weather). Arguably, it was a bit risky—or flat-out brilliant— to schedule ReInvent Law NYC for Friday, Feb. 7. The upside: Capitalize on the hordes of technology leaders who will already be in New York. The downside: Will...
February 11, 2014
LegalTech New York, for all intents and purposes, has become a no-less-than-five day event. With the Tuesday-Thursday schedule, parties and briefings kick into high gear on Monday; pushing travel days to Sunday (or Saturday, if you are paranoid wise about typical winter weather). Arguably, it was a bit risky—or flat-out brilliant— to schedule ReInvent Law NYC for Friday, Feb. 7. The upside: Capitalize on the hordes of technology leaders who will already be in New York. The downside: Will...
A Case Study in Legal Annotation
February 11, 2014
This is an ongoing project with Adam Wyner (Dept. of Computer Science @ University of Aberdeen) and Wim Peters (Dept. of Computer Science + NLP Group @ University of Sheffield) … our very initial pilot project was presented at the 2013 Jurix Conference. Slides are located here and the case study paper for the pilot project is located here. Hoping for more to come on this project in 2014!
February 11, 2014
This is an ongoing project with Adam Wyner (Dept. of Computer Science @ University of Aberdeen) and Wim Peters (Dept. of Computer Science + NLP Group @ University of Sheffield) … our very initial pilot project was presented at the 2013 Jurix Conference. Slides are located here and the case study paper for the pilot project is located here. Hoping for more to come on this project in 2014!
Gelernter on In re Wal-Mart Wage and Hour Litigation FAA Case
February 10, 2014
Thanks to Lise Gelernter (Teaching Faculty and Director, Externship Programs at SUNY Buffalo Law School) for bringing to my attention...
February 10, 2014
Thanks to Lise Gelernter (Teaching Faculty and Director, Externship Programs at SUNY Buffalo Law School) for bringing to my attention...
