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Information about Arbitrators – An Empirical Assessment
August 29, 2018
There seems to be a general consensus in the arbitration community about the fact that users are in need for more—or, rather, for more easily accessible—information about arbitrators. What is more, this perceived lack of information seems to be on a lot of people’s minds as almost every other arbitration-related conference features a panel on the topic. As more than nine out of ten respondents to the Survey indicated that international arbitration continues to be the preferred method of resolving...
August 29, 2018
There seems to be a general consensus in the arbitration community about the fact that users are in need for more—or, rather, for more easily accessible—information about arbitrators. What is more, this perceived lack of information seems to be on a lot of people’s minds as almost every other arbitration-related conference features a panel on the topic. As more than nine out of ten respondents to the Survey indicated that international arbitration continues to be the preferred method of resolving...
Conflict-Averse Doesn’t Mean Negotiation-Averse
August 28, 2018
When I explained my struggles to Dr. Babcock, her immediate response was: “Why are you thinking of a negotiation as a conflict?” She added that a negotiation should be a conversation, not a confrontation. “If you see it as a conflict, and you’re conflict-averse and avoid it, that’s not going to serve you well,” she said. “Try seeing it as a conversation that needs to be managed.” Plus, unlike a true, every-person-for-themselves conflict, when done properly, both parties get what...
August 28, 2018
When I explained my struggles to Dr. Babcock, her immediate response was: “Why are you thinking of a negotiation as a conflict?” She added that a negotiation should be a conversation, not a confrontation. “If you see it as a conflict, and you’re conflict-averse and avoid it, that’s not going to serve you well,” she said. “Try seeing it as a conversation that needs to be managed.” Plus, unlike a true, every-person-for-themselves conflict, when done properly, both parties get what...
Why Litigation Risk Assessment is So Darn Important for Lawyers and Mediators
August 28, 2018
Building on their own and others’ research, they developed a simple but comprehensive framework for practitioners and parties to assess litigation risks. It involves identification of factors affecting possible outcomes at trial and probabilities of various events. It also includes careful assessments of both direct and indirect costs of going to trial, which is important because lawyers and litigants often do not carefully consider indirect costs such as litigation stress, damage to relationships...
August 28, 2018
Building on their own and others’ research, they developed a simple but comprehensive framework for practitioners and parties to assess litigation risks. It involves identification of factors affecting possible outcomes at trial and probabilities of various events. It also includes careful assessments of both direct and indirect costs of going to trial, which is important because lawyers and litigants often do not carefully consider indirect costs such as litigation stress, damage to relationships...
The Fourth Circuit: What Constitutes a Final Award and Who Makes the Call?
August 27, 2018
What constitutes a “final arbitration award” for purposes of the Federal Arbitration Act is important because it bears on whether an award can be confirmed, vacated, or modified under Sections 9, 10, or 11 of the Federal Arbitration Act (the “FAA”). We addressed the basics concerning final awards in a 2009 post, here. In Northfolk Southern Railway Co. v. Sprint Communications Co., L.P., 883 F.3d 417 (4th Cir. 2018), the U.S. Court of Appeals for the Fourth Circuit was faced with the question...
August 27, 2018
What constitutes a “final arbitration award” for purposes of the Federal Arbitration Act is important because it bears on whether an award can be confirmed, vacated, or modified under Sections 9, 10, or 11 of the Federal Arbitration Act (the “FAA”). We addressed the basics concerning final awards in a 2009 post, here. In Northfolk Southern Railway Co. v. Sprint Communications Co., L.P., 883 F.3d 417 (4th Cir. 2018), the U.S. Court of Appeals for the Fourth Circuit was faced with the question...
9th Circuit: ERISA Claim Non-Arbitrable
August 27, 2018
In Munro v. University of Southern California, No. 17-55550 (9th Cir. July 24, 2018) (click here for a copy of the decision), the Ninth Circuit held that claims for breach of fiduciary duty in the administration of ERISA plans are not covered by an arbitration agreement between an employee and employer. The court reasoned that such claims for breach of fiduciary duty are brought on behalf of the ERISA plan, not on behalf of the employees. By signing an arbitration agreement, an employee can waive...
August 27, 2018
In Munro v. University of Southern California, No. 17-55550 (9th Cir. July 24, 2018) (click here for a copy of the decision), the Ninth Circuit held that claims for breach of fiduciary duty in the administration of ERISA plans are not covered by an arbitration agreement between an employee and employer. The court reasoned that such claims for breach of fiduciary duty are brought on behalf of the ERISA plan, not on behalf of the employees. By signing an arbitration agreement, an employee can waive...
Machine Learning in Google BigQuery
August 26, 2018
Google BiqQuery allows interactive analysis of large datasets, making it easy for businesses to share meaningful insights and develop solutions based on customer analytics. However, many of the businesses that are using BigQuery aren’t using machine learning to help better understand the data they are generating. This is because data analysts, proficient in SQL, may not have the traditional data science background needed to apply machine learning techniques. Today we’re announcing BigQuery...
August 26, 2018
Google BiqQuery allows interactive analysis of large datasets, making it easy for businesses to share meaningful insights and develop solutions based on customer analytics. However, many of the businesses that are using BigQuery aren’t using machine learning to help better understand the data they are generating. This is because data analysts, proficient in SQL, may not have the traditional data science background needed to apply machine learning techniques. Today we’re announcing BigQuery...
Buzz Aldrin Sues His Family
August 26, 2018
From Florida Today: Buzz Aldrin's children, Andy Aldrin and Jan Aldrin, on June 23 released the following statement about their father's lawsuit: "We are deeply disappointed and saddened by the unjustified lawsuit that has been brought against us individually and against the foundation that we have built together as a family to carry on Dad’s legacy for generations to come. When we established the current structure several years ago, it was done so at Buzz’s request and with his full support....
August 26, 2018
From Florida Today: Buzz Aldrin's children, Andy Aldrin and Jan Aldrin, on June 23 released the following statement about their father's lawsuit: "We are deeply disappointed and saddened by the unjustified lawsuit that has been brought against us individually and against the foundation that we have built together as a family to carry on Dad’s legacy for generations to come. When we established the current structure several years ago, it was done so at Buzz’s request and with his full support....
The Best Ways to Fight Robocalls
August 25, 2018
Sign Up for Your Carrier’s Robocall Alert Service Many companies, including Verizon, AT&T, T-Mobile, Sprint, and U.S. Cellular, have introduced services that alert you that an incoming robocall may be from a scammer or spammer. In some cases, such services are free, but for a few dollars more per month you can get a more robust version that can block the robocalls from ringing on your phone. Download a Call-Blocking App Instead of simply being alerted to incoming robocalls,...
August 25, 2018
Sign Up for Your Carrier’s Robocall Alert Service Many companies, including Verizon, AT&T, T-Mobile, Sprint, and U.S. Cellular, have introduced services that alert you that an incoming robocall may be from a scammer or spammer. In some cases, such services are free, but for a few dollars more per month you can get a more robust version that can block the robocalls from ringing on your phone. Download a Call-Blocking App Instead of simply being alerted to incoming robocalls,...
How AI is Making it Easier to Diagnose Disease
August 25, 2018
Today's AI algorithms require tens of thousands of expensive medical images to detect a patient's disease. What if we could drastically reduce the amount of data needed to train an AI, making diagnoses low-cost and more effective? TED Fellow Pratik Shah is working on a clever system to do just that. Using an unorthodox AI approach, Shah has developed a technology that requires as few as 50 images to develop a working algorithm -- and can even use photos taken on doctors' cell phones to provide a diagnosis....
August 25, 2018
Today's AI algorithms require tens of thousands of expensive medical images to detect a patient's disease. What if we could drastically reduce the amount of data needed to train an AI, making diagnoses low-cost and more effective? TED Fellow Pratik Shah is working on a clever system to do just that. Using an unorthodox AI approach, Shah has developed a technology that requires as few as 50 images to develop a working algorithm -- and can even use photos taken on doctors' cell phones to provide a diagnosis....
Data Analytics And The Importance Of Loser Law
August 25, 2018
In a fascinating presentation entitled The Malpractice of Hunches at the CALIcon 2018 conference, Fastcase founder...
August 25, 2018
In a fascinating presentation entitled The Malpractice of Hunches at the CALIcon 2018 conference, Fastcase founder...
