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Motion Practice in Arbitrations
September 17, 2013
Perhaps stalwarts of arbitration would prefer the issue put as a question: Should motion practice be part of arbitrations? Certainly, some would argue that the answer to the question should be “no,” fearing that allowing some type of motion practice in arbitrations would be yet another sign that arbitrations have morphed into litigation. But the reality is that discovery motions and dispositive motions are becoming a staple in more complex arbitrations; and they are being filed in even less complex...
September 17, 2013
Perhaps stalwarts of arbitration would prefer the issue put as a question: Should motion practice be part of arbitrations? Certainly, some would argue that the answer to the question should be “no,” fearing that allowing some type of motion practice in arbitrations would be yet another sign that arbitrations have morphed into litigation. But the reality is that discovery motions and dispositive motions are becoming a staple in more complex arbitrations; and they are being filed in even less complex...
How Nate Silver Brought Analytics to the Masses
September 17, 2013
Statisticians rarely make the news. This is no surprise as their work tends to focus on complex research at universities, think tanks and large corporations. That’s what makes the story of FiveThirtyEight blogger (and SAP TechEd Las Vegas keynote speaker) Nate Silver so fascinating and insightful. Silver’s rise from baseball geek to acclaimed author/journalist at The New York Times and ESPN is a wonderful example of how one person can change how the world thinks. He brought...
September 17, 2013
Statisticians rarely make the news. This is no surprise as their work tends to focus on complex research at universities, think tanks and large corporations. That’s what makes the story of FiveThirtyEight blogger (and SAP TechEd Las Vegas keynote speaker) Nate Silver so fascinating and insightful. Silver’s rise from baseball geek to acclaimed author/journalist at The New York Times and ESPN is a wonderful example of how one person can change how the world thinks. He brought...
Why Clients Hire and Fire Law Firms
September 16, 2013
The findings of a new Acritas survey of in-house counsel are both reassuring and maddening for firms.
September 16, 2013
The findings of a new Acritas survey of in-house counsel are both reassuring and maddening for firms.
Facebook Messages Admissible under Traditional Evidence Rules
September 16, 2013
A witness may authenticate Facebook messages through testimony alone that the messages are what they purport to be, the Mississippi Court of Appeals held in a recent decision [PDF]. The court also found that the Facebook messages that are automatically generated are not hearsay because they are not statements made by a person. The ruling continues the trend toward subjecting social media posts to traditional evidentiary principles. Three Messages at Issue In Smith v. State, a capital murder...
September 16, 2013
A witness may authenticate Facebook messages through testimony alone that the messages are what they purport to be, the Mississippi Court of Appeals held in a recent decision [PDF]. The court also found that the Facebook messages that are automatically generated are not hearsay because they are not statements made by a person. The ruling continues the trend toward subjecting social media posts to traditional evidentiary principles. Three Messages at Issue In Smith v. State, a capital murder...
Understanding Mediation Styles Is Important to the Field of Mediation
September 16, 2013
An analysis of mediation by the International Center for Cooperation and Conflict Resolution (ICCCR) Lab has developed a new framework for understanding effective mediation. The study concludes that there are four basic aspects of mediations and four mediation dimensions, resulting in 16 different types of mediation situations with distinct orientations and strategies by mediators. Other studies based on self-reported mediation styles and observed styles show a lack of clarity. Some believe the many...
September 16, 2013
An analysis of mediation by the International Center for Cooperation and Conflict Resolution (ICCCR) Lab has developed a new framework for understanding effective mediation. The study concludes that there are four basic aspects of mediations and four mediation dimensions, resulting in 16 different types of mediation situations with distinct orientations and strategies by mediators. Other studies based on self-reported mediation styles and observed styles show a lack of clarity. Some believe the many...
Survey of Mediators About Mediation Participants’ Preparedness
September 16, 2013
Dear Member of the Section of Dispute Resolution: You are invited to participate in a survey of mediators about mediation participants' preparedness, conducted by Dr. Timothy Hedeen and colleagues at Kennesaw State University. The survey link is https://www.surveymonkey.com/s/MediationPreparation While the existing literature on mediation and negotiation advises disputants to come to the table prepared, we are unaware of research documenting the views of knowledgeable dispute resolution...
September 16, 2013
Dear Member of the Section of Dispute Resolution: You are invited to participate in a survey of mediators about mediation participants' preparedness, conducted by Dr. Timothy Hedeen and colleagues at Kennesaw State University. The survey link is https://www.surveymonkey.com/s/MediationPreparation While the existing literature on mediation and negotiation advises disputants to come to the table prepared, we are unaware of research documenting the views of knowledgeable dispute resolution...
Companies Expect More Litigation, Less Spending in 2014
September 16, 2013
Corporate counsel expect to see a surge in litigation in 2014, but the implementation of more aggressive cost containment measures means they will not be spending more money on legal fees, according to “Litigation Outlook 2014” from The BTI consulting Group. One exception is in IP litigation, which is poised for the highest growth of any corporate litigation segment and remains one of the fastest-growing practices in the legal market, the study found. Overall, 60.7 percent of in-house...
September 16, 2013
Corporate counsel expect to see a surge in litigation in 2014, but the implementation of more aggressive cost containment measures means they will not be spending more money on legal fees, according to “Litigation Outlook 2014” from The BTI consulting Group. One exception is in IP litigation, which is poised for the highest growth of any corporate litigation segment and remains one of the fastest-growing practices in the legal market, the study found. Overall, 60.7 percent of in-house...
Is a Receiver Bound to Arbitration Agreement if Suing on Behalf of Creditors?
September 16, 2013
The 5th Circuit rarely lets parties out of contracts that mandate that their disputes be settled through binding arbitration. That could turn out to be true even for the federally appointed receiver who's seeking to recover the allegedly fraudulently transferred assets of convicted financier R. Allen Stanford and his related companies.
September 16, 2013
The 5th Circuit rarely lets parties out of contracts that mandate that their disputes be settled through binding arbitration. That could turn out to be true even for the federally appointed receiver who's seeking to recover the allegedly fraudulently transferred assets of convicted financier R. Allen Stanford and his related companies.
Massive, Free Online Classes Catch on With Law Schools
September 15, 2013
Massive open online courses—or MOOCs—are all the rage in higher education. But law schools are only starting to test the waters with these free, Internet-based classes that can reach thousands of students around the globe.
September 15, 2013
Massive open online courses—or MOOCs—are all the rage in higher education. But law schools are only starting to test the waters with these free, Internet-based classes that can reach thousands of students around the globe.
How Facebook Makes Us Unhappy
September 15, 2013
No one joins Facebook to be sad and lonely. But a new study from the University of Michigan psychologist Ethan Kross argues...
September 15, 2013
No one joins Facebook to be sad and lonely. But a new study from the University of Michigan psychologist Ethan Kross argues...
