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Developing Strategies for Asking Questions in Negotiation
October 15, 2013
Although negotiation writers often advise negotiators to have a strategy for asking their counterparts questions, the negotiation literature does not currently provide a detailed discussion of how to develop a strategy for asking questions in negotiation. This essay begins that discussion. In doing so, it draws from such disciplines as logic, linguistics, and cognitive psychology, in which the act of questioning has been examined with the goal of developing theory. This article also draws from such...
October 15, 2013
Although negotiation writers often advise negotiators to have a strategy for asking their counterparts questions, the negotiation literature does not currently provide a detailed discussion of how to develop a strategy for asking questions in negotiation. This essay begins that discussion. In doing so, it draws from such disciplines as logic, linguistics, and cognitive psychology, in which the act of questioning has been examined with the goal of developing theory. This article also draws from such...
The Role of the Internet in the Conduct of Litigation
October 15, 2013
Much has been written (in this column and elsewhere) regarding lawyers' adoption of social media and other Internet-enabled applications for such diverse purposes as discovery, advertising, client communication, research and the like. Indeed, due to the proliferation of portable devices, including laptops, smartphones and tablets, whether in their offices or not, lawyers now rely on ubiquitous and pervasive Internet access to perform a host of practice-related tasks. It has become such an integral...
October 15, 2013
Much has been written (in this column and elsewhere) regarding lawyers' adoption of social media and other Internet-enabled applications for such diverse purposes as discovery, advertising, client communication, research and the like. Indeed, due to the proliferation of portable devices, including laptops, smartphones and tablets, whether in their offices or not, lawyers now rely on ubiquitous and pervasive Internet access to perform a host of practice-related tasks. It has become such an integral...
NSA Collects Millions of E-mail Address Books Globally
October 15, 2013
The National Security Agency is harvesting hundreds of millions of contact lists from personal e-mail and instant messaging accounts around the world, many of them belonging to Americans, according to senior intelligence officials and top-secret documents provided by former NSA contractor Edward Snowden. The collection program, which has not been disclosed before, intercepts e-mail address books and “buddy lists” from instant messaging services as they move across global data links. Online...
October 15, 2013
The National Security Agency is harvesting hundreds of millions of contact lists from personal e-mail and instant messaging accounts around the world, many of them belonging to Americans, according to senior intelligence officials and top-secret documents provided by former NSA contractor Edward Snowden. The collection program, which has not been disclosed before, intercepts e-mail address books and “buddy lists” from instant messaging services as they move across global data links. Online...
Law Firm Associates’ Social Media Use Up, but Uneven
October 14, 2013
When Michael Visconti III, an associate in the intellectual property group at Boston’s Nutter McClennen & Fish, wants...
October 14, 2013
When Michael Visconti III, an associate in the intellectual property group at Boston’s Nutter McClennen & Fish, wants...
The Argument As A Persuasive Tool In Negotiation
October 14, 2013
There is a famous sketch by Monty Python in which the lead character (Michael Palin) is looking to buy a five-minute argument. He walks into an office where the receptionist offers him some options. One of the options involves a person who is too conciliatory. She decides that there is a good argument available and directs him to a private room where another character swears at him and basically terrorizes him with “abuse.” Palin complains, indicating he was looking for an argument. The abuser...
October 14, 2013
There is a famous sketch by Monty Python in which the lead character (Michael Palin) is looking to buy a five-minute argument. He walks into an office where the receptionist offers him some options. One of the options involves a person who is too conciliatory. She decides that there is a good argument available and directs him to a private room where another character swears at him and basically terrorizes him with “abuse.” Palin complains, indicating he was looking for an argument. The abuser...
How Not to Mediate
October 14, 2013
In the growing landscape of alternative dispute resolution, there is more leniency when it comes to evidentiary and civil procedures. But there are some soft skills that lawyers must learn before going into mediation. In a post on Maynard Cooper & Gale’s Employment Law Blog, Janell Ahnert outlines some key no-nos of mediation: MAKING AN AGGRESSIVE OPENING STATEMENT Ahnert suggests telling your client ahead of the mediation that he/she will have a better chance of success if you are not an overly...
October 14, 2013
In the growing landscape of alternative dispute resolution, there is more leniency when it comes to evidentiary and civil procedures. But there are some soft skills that lawyers must learn before going into mediation. In a post on Maynard Cooper & Gale’s Employment Law Blog, Janell Ahnert outlines some key no-nos of mediation: MAKING AN AGGRESSIVE OPENING STATEMENT Ahnert suggests telling your client ahead of the mediation that he/she will have a better chance of success if you are not an overly...
Google is Joining the Open edX Platform
October 13, 2013
A year ago, we released Course Builder, an experimental platform for online education at scale. Since then, individuals have created courses on everything from game theory to philanthropy, offered to curious people around the world. Universities and non-profit organizations have used the platform to experiment with MOOCs, while maintaining direct relationships with their participants. Google has published a number of courses including Introduction to Web Accessibility which opens for registration...
October 13, 2013
A year ago, we released Course Builder, an experimental platform for online education at scale. Since then, individuals have created courses on everything from game theory to philanthropy, offered to curious people around the world. Universities and non-profit organizations have used the platform to experiment with MOOCs, while maintaining direct relationships with their participants. Google has published a number of courses including Introduction to Web Accessibility which opens for registration...
Four Discovery Management Models for Corporate Counsel (Part 2)
October 13, 2013
For in-house counsel, litigation is not just about winning a case, but rather about managing risk and expenses associated with litigation. Forward-looking corporate legal departments are constantly exploring various discovery management methodologies to help prepare for litigation in a cost effective manner. In this second part of a two-part article, we look at two more options.
October 13, 2013
For in-house counsel, litigation is not just about winning a case, but rather about managing risk and expenses associated with litigation. Forward-looking corporate legal departments are constantly exploring various discovery management methodologies to help prepare for litigation in a cost effective manner. In this second part of a two-part article, we look at two more options.
Four Discovery Management Models for Corporate Counsel (Part 1)
October 13, 2013
A survey of in-house counsel reported that 92 percent of respondents anticipate either the same amount of litigation or an increase in litigation this year. The ninth annual “Litigation Trends Survey,” commissioned by Fulbright & Jaworski, found that 31 percent of respondents reported that their company was facing at least one lawsuit with more than $20 million at issue. For in-house counsel, litigation is not just about winning a case, rather it's about managing risk and expenses associated...
October 13, 2013
A survey of in-house counsel reported that 92 percent of respondents anticipate either the same amount of litigation or an increase in litigation this year. The ninth annual “Litigation Trends Survey,” commissioned by Fulbright & Jaworski, found that 31 percent of respondents reported that their company was facing at least one lawsuit with more than $20 million at issue. For in-house counsel, litigation is not just about winning a case, rather it's about managing risk and expenses associated...
AIG Overhauls Global Legal Operations
October 13, 2013
Legal operations at American International Group Inc. are undergoing a global makeover as the company looks for ways to cut outside counsel costs, increase quality, and achieve efficiencies in the 130 countries where it does business. “We are undertaking a review of our legal panels [law firms] for businesses,” confirmed Aaron Katzel, AIG associate general counsel and head of its global Legal Operations Center (LOC). Katzel told CorpCounsel.com on Friday that the LOC was created last year...
October 13, 2013
Legal operations at American International Group Inc. are undergoing a global makeover as the company looks for ways to cut outside counsel costs, increase quality, and achieve efficiencies in the 130 countries where it does business. “We are undertaking a review of our legal panels [law firms] for businesses,” confirmed Aaron Katzel, AIG associate general counsel and head of its global Legal Operations Center (LOC). Katzel told CorpCounsel.com on Friday that the LOC was created last year...
