News
The “Ikea Effect” is Mediation
August 27, 2013
They are calling it a new psychological phenomenon, “the Ikea Effect.” Three professors who have studied this phenomenon have found that people attach more value to things they build themselves, even if those things are imperfect, like a somewhat wobbly Ikea dresser. In a series of experiments, Professors Mochon, Norton and Ariely and found that people who create their own items such as an Ikea table, Legos or Build-A-Bear, have increased feelings of pride and confidence. The more effort...
August 27, 2013
They are calling it a new psychological phenomenon, “the Ikea Effect.” Three professors who have studied this phenomenon have found that people attach more value to things they build themselves, even if those things are imperfect, like a somewhat wobbly Ikea dresser. In a series of experiments, Professors Mochon, Norton and Ariely and found that people who create their own items such as an Ikea table, Legos or Build-A-Bear, have increased feelings of pride and confidence. The more effort...
What’s Better Than Pouting When You Don’t Get A Raise?
August 26, 2013
Take a look over at LinkedIn for Jacky Carter's Citibank Connect Professional Women's Network Blog post on what to do when the boss says "no." Here's a snippet of the advice I conveyed with a link to the entire post below. Negotiation expert Victoria Pynchon recently shared some insightful advice on what not to say when you're trying to get a raise. But what happens when your company stops offering annual raises or your employer denies your request? Here's more advice from Victoria for navigating...
August 26, 2013
Take a look over at LinkedIn for Jacky Carter's Citibank Connect Professional Women's Network Blog post on what to do when the boss says "no." Here's a snippet of the advice I conveyed with a link to the entire post below. Negotiation expert Victoria Pynchon recently shared some insightful advice on what not to say when you're trying to get a raise. But what happens when your company stops offering annual raises or your employer denies your request? Here's more advice from Victoria for navigating...
New Jersey Halts Litigating Mediated Settlements
August 26, 2013
Readers of this blog know that the author has a warm place in his heart for the cottage industry of Monday-Morning Quarterback-ing mediated settlement agreements. These are the motions or newly initiated suits contesting whether one party to a mediation is actually bound by the terms of an agreement they made (or perhaps did not make) in mediation. The grandpappy of them all was a New Jersey dispute in which the refusal by one party to honor an alleged mediated agreement was answered by a motion...
August 26, 2013
Readers of this blog know that the author has a warm place in his heart for the cottage industry of Monday-Morning Quarterback-ing mediated settlement agreements. These are the motions or newly initiated suits contesting whether one party to a mediation is actually bound by the terms of an agreement they made (or perhaps did not make) in mediation. The grandpappy of them all was a New Jersey dispute in which the refusal by one party to honor an alleged mediated agreement was answered by a motion...
First State Court Decision Is Reversed Under SCOTUS’ Amex Ruling
August 26, 2013
Put this post in the “I called it” category. On June 12, the Massachusetts Supreme Judicial Court declared in Feeney that class arbitration waivers are invalid under Massachusetts law if plaintiffs cannot effectively pursue their claims in individual arbitration. On June 20, the U.S. Supreme Court decided American Express, holding that arbitration agreements must be enforced according to their terms under the Federal Arbitration Act, even if it means that low-dollar claims will not be prosecuted. ...
August 26, 2013
Put this post in the “I called it” category. On June 12, the Massachusetts Supreme Judicial Court declared in Feeney that class arbitration waivers are invalid under Massachusetts law if plaintiffs cannot effectively pursue their claims in individual arbitration. On June 20, the U.S. Supreme Court decided American Express, holding that arbitration agreements must be enforced according to their terms under the Federal Arbitration Act, even if it means that low-dollar claims will not be prosecuted. ...
Arbitration Clauses That Avoid Arbitrability Disputes
August 26, 2013
It is very common to draft an arbitration clause to apply only to certain types of disputes—but usually a mistake to do so. If the parties want arbitration for certain issues, they would be well advised to consider arbitration for all of them. A typical “limited subject matter” arbitration clause might read: “Any controversy or claim arising out of or relating to this contract or the breach thereof that concerns [tax obligations, intellectual property rights, employment issues, purchase...
August 26, 2013
It is very common to draft an arbitration clause to apply only to certain types of disputes—but usually a mistake to do so. If the parties want arbitration for certain issues, they would be well advised to consider arbitration for all of them. A typical “limited subject matter” arbitration clause might read: “Any controversy or claim arising out of or relating to this contract or the breach thereof that concerns [tax obligations, intellectual property rights, employment issues, purchase...
Jordan Furlong on Why Lawyers Don’t Innovate
August 25, 2013
Doing business in today's world is about innovation and improving efficiency. Sometimes this is a challenge for law firms as they are steeped in precedent, history and tradition. But Jordan Furlong has given us some other reasons in his post "Why lawyers don’t innovate." Hard work and talent will, hopefully, continue to be rewarded. But innovation in the legal profession may also determine real success in the future. I think Jordan has some valuable insights and he also draws liberally from a...
August 25, 2013
Doing business in today's world is about innovation and improving efficiency. Sometimes this is a challenge for law firms as they are steeped in precedent, history and tradition. But Jordan Furlong has given us some other reasons in his post "Why lawyers don’t innovate." Hard work and talent will, hopefully, continue to be rewarded. But innovation in the legal profession may also determine real success in the future. I think Jordan has some valuable insights and he also draws liberally from a...
IBM Scientists Show Blueprints for Brainlike Computing
August 25, 2013
IBM researchers unveil TrueNorth, a new computer architecture that imitates how a brain works. To create a computer as powerful as the human brain, perhaps we first need to build one that works more like a brain. Today, at the International Joint Conference on Neural Networks in Dallas, IBM researchers will unveil a radically new computer architecture designed to bring that goal within reach. Using simulations of enormous complexity, they show that the architecture, named TrueNorth, could lead...
August 25, 2013
IBM researchers unveil TrueNorth, a new computer architecture that imitates how a brain works. To create a computer as powerful as the human brain, perhaps we first need to build one that works more like a brain. Today, at the International Joint Conference on Neural Networks in Dallas, IBM researchers will unveil a radically new computer architecture designed to bring that goal within reach. Using simulations of enormous complexity, they show that the architecture, named TrueNorth, could lead...
Surge of Brain Activity May Explain Near-Death Experience
August 25, 2013
It’s called a near-death experience, but the emphasis is on “near.” The heart stops, you feel yourself float up and out of your body. You glide toward the entrance of a tunnel, and a searing bright light envelops your field of vision.It could be the afterlife, as many people who have come close to dying have asserted. But a new study says it might well be a show created by the brain, which is still very much alive. When the heart stops, neurons in the brain appeared to communicate at an even...
August 25, 2013
It’s called a near-death experience, but the emphasis is on “near.” The heart stops, you feel yourself float up and out of your body. You glide toward the entrance of a tunnel, and a searing bright light envelops your field of vision.It could be the afterlife, as many people who have come close to dying have asserted. But a new study says it might well be a show created by the brain, which is still very much alive. When the heart stops, neurons in the brain appeared to communicate at an even...
App Of The Week: Rocket Matter Android App – Law Practice Management On The Go
August 24, 2013
The new Rocket Matter Android app allows attorneys to manage their law practice – time, billing, calendar appointments, and more – on the go. Armed with the experience of perfecting the native iPhone app, Rocket Matter designed the Android app to complement the web-based application and help busy, mobile attorneys. What Does the Rocket Matter Legal Android App Do? The app is free and available to everyone with a Rocket Matter account and an Android 4.0 or higher. Designed in the native...
August 24, 2013
The new Rocket Matter Android app allows attorneys to manage their law practice – time, billing, calendar appointments, and more – on the go. Armed with the experience of perfecting the native iPhone app, Rocket Matter designed the Android app to complement the web-based application and help busy, mobile attorneys. What Does the Rocket Matter Legal Android App Do? The app is free and available to everyone with a Rocket Matter account and an Android 4.0 or higher. Designed in the native...
Creating And Perfecting Security Interests In A Claim: Part I, Purpose And Creation
August 23, 2013
Introduction Many lawsuit funding deals involve the plaintiff assigning a portion of his or her future recovery to a funder in exchange for an upfront investment. Investors who bet on the outcome of litigation make money by collecting from the proceeds of any settlement or judgment. This seems simple in concept, but ensuring that those proceeds will be available for collection can be a challenge. With the majority of transactions occurring when all parties are strangers to one another, the practicalities...
August 23, 2013
Introduction Many lawsuit funding deals involve the plaintiff assigning a portion of his or her future recovery to a funder in exchange for an upfront investment. Investors who bet on the outcome of litigation make money by collecting from the proceeds of any settlement or judgment. This seems simple in concept, but ensuring that those proceeds will be available for collection can be a challenge. With the majority of transactions occurring when all parties are strangers to one another, the practicalities...
