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Arbitration: Law, Policy, and Practice
July 6, 2018
Maureen A. Weston, Professor of Law at Pepperdine University School of Law and Director of the Entertainment, Media & Sports Dispute Resolution Project, Kristen M. Blankley, Associate Professor of Law at the University of Nebraska College of Law, Jill I. Gross, Associate Dean for Academic Affairs and Professor of Law at Elisabeth Haub School of Law at Pace University, and Stephen Huber, Emeritus Professor of Law at the University of Houston Law Center, recently published a new book...
July 6, 2018
Maureen A. Weston, Professor of Law at Pepperdine University School of Law and Director of the Entertainment, Media & Sports Dispute Resolution Project, Kristen M. Blankley, Associate Professor of Law at the University of Nebraska College of Law, Jill I. Gross, Associate Dean for Academic Affairs and Professor of Law at Elisabeth Haub School of Law at Pace University, and Stephen Huber, Emeritus Professor of Law at the University of Houston Law Center, recently published a new book...
In Survey, Judges Say Lawyers’ Incomplete Research Impacts Case Outcomes
July 5, 2018
Most judges in a survey say that they see lawyers miss relevant precedent in their legal research and that those missing cases have impacted the outcome of a motion or proceeding. The legal research company Casetext surveyed 66 federal and 43 state judges to learn whether missing precedent over affects the outcome of a matter.
July 5, 2018
Most judges in a survey say that they see lawyers miss relevant precedent in their legal research and that those missing cases have impacted the outcome of a motion or proceeding. The legal research company Casetext surveyed 66 federal and 43 state judges to learn whether missing precedent over affects the outcome of a matter.
Brexit and Beyond: Will London Still Wear its Arbitration Crown?
July 5, 2018
London has long been held in high regard as a seat for international arbitration. In both our 2010 and 2015 International Arbitration surveys, for example, London was the seat most favoured by respondents. Our 2018 survey now reveals that not only has London cemented its position as the top seat worldwide, but its popularity amongst users of international arbitration has increased even further in recent years: 47% of respondents cited London as a preferred seat in our 2015 survey, rising to 64% in our 2018...
July 5, 2018
London has long been held in high regard as a seat for international arbitration. In both our 2010 and 2015 International Arbitration surveys, for example, London was the seat most favoured by respondents. Our 2018 survey now reveals that not only has London cemented its position as the top seat worldwide, but its popularity amongst users of international arbitration has increased even further in recent years: 47% of respondents cited London as a preferred seat in our 2015 survey, rising to 64% in our 2018...
Your Next Desk Lamp: A Plant That Glows?
July 4, 2018
The glow emanating from the leaves of this watercress is the result of plant nanobionics, in which live plants are given unusual characteristics through the introduction of microscopic nanoparticles. It’s a new area of research pioneered by Michael Strano, the Carbon P. Dubbs Professor of Chemical Engineering at the Massachusetts Institute of Technology. To turn leaves into a light source, Strano uses luciferase, the enzyme responsible for a firefly’s glow. A total of three compounds (luciferase,...
July 4, 2018
The glow emanating from the leaves of this watercress is the result of plant nanobionics, in which live plants are given unusual characteristics through the introduction of microscopic nanoparticles. It’s a new area of research pioneered by Michael Strano, the Carbon P. Dubbs Professor of Chemical Engineering at the Massachusetts Institute of Technology. To turn leaves into a light source, Strano uses luciferase, the enzyme responsible for a firefly’s glow. A total of three compounds (luciferase,...
Update on “Blockbuster” Punitive Damages Awards
July 4, 2018
Punitive damages in general and "blockbuster" punitive damages in particular continue to exercise unusual influence in tort reform, especially given their relative and absolute scarcity. Empirical scarcity notwithstanding, punitive awards certainly warrant close and rigorous examination. Building on an earlier set of papers, Kip Viscusi (Vanderbilt) and Benjamin McMichael (Vanderbilt Business School) assess "blockbuster" awards on both empirical and normative fronts. Their paper, Taming Blockbuster...
July 4, 2018
Punitive damages in general and "blockbuster" punitive damages in particular continue to exercise unusual influence in tort reform, especially given their relative and absolute scarcity. Empirical scarcity notwithstanding, punitive awards certainly warrant close and rigorous examination. Building on an earlier set of papers, Kip Viscusi (Vanderbilt) and Benjamin McMichael (Vanderbilt Business School) assess "blockbuster" awards on both empirical and normative fronts. Their paper, Taming Blockbuster...
Valuing a Closely Held Business in Divorce
July 3, 2018
From McNees Law: Valuing a closely held business can be a complex endeavor, requiring a through analysis of assets, financial statements, financial claims, earning potential and inherent risks. A host of other factors can also influence the determination. Valuations are especially tricky in the context of contentious divorces involving businesses. In such cases, each spouse should not only have his or her own lawyer, but also a forensic business evaluator to ensure the thoroughness and accuracy...
July 3, 2018
From McNees Law: Valuing a closely held business can be a complex endeavor, requiring a through analysis of assets, financial statements, financial claims, earning potential and inherent risks. A host of other factors can also influence the determination. Valuations are especially tricky in the context of contentious divorces involving businesses. In such cases, each spouse should not only have his or her own lawyer, but also a forensic business evaluator to ensure the thoroughness and accuracy...
Do Arbitration Users Really Value Finality?
July 3, 2018
Two recent pieces of recent research raise the question of whether arbitration users really value finality in arbitration or take it for granted. Is it time (again) to discuss whether s69 Arbitration Act 1996 is meeting users’ needs? Do users want a route of appeal? The recent Queen Mary/White & Case 2018 International Arbitration Survey: The Evolution of International Arbitration showed that only 16% of respondents viewed finality as one of the three most important characteristics...
July 3, 2018
Two recent pieces of recent research raise the question of whether arbitration users really value finality in arbitration or take it for granted. Is it time (again) to discuss whether s69 Arbitration Act 1996 is meeting users’ needs? Do users want a route of appeal? The recent Queen Mary/White & Case 2018 International Arbitration Survey: The Evolution of International Arbitration showed that only 16% of respondents viewed finality as one of the three most important characteristics...
SCOTUS Throws a Haymaker at “Class Arbitration”
July 2, 2018
The majority of a divided (5-4) SCOTUS recently held that a waiver of “class arbitration” in agreed terms of employment...
July 2, 2018
The majority of a divided (5-4) SCOTUS recently held that a waiver of “class arbitration” in agreed terms of employment...
Data-Driven Decision-Making: From Fine Wine to Fine Arbitrators
July 2, 2018
Arbitrator Intelligence Reports AI Reports are still in the development phase, and the nature and scope of AI Reports will inevitably evolve over time, particularly as AI’s base of data expands. Nevertheless, it is already easy to see from some preliminary mock-ups how AI Reports will help promote more data-driven decisions about arbitrator appointments. By way of preview, consider the following chart regarding a (hypothetical) arbitrator’s approach to document production: Figure A (based...
July 2, 2018
Arbitrator Intelligence Reports AI Reports are still in the development phase, and the nature and scope of AI Reports will inevitably evolve over time, particularly as AI’s base of data expands. Nevertheless, it is already easy to see from some preliminary mock-ups how AI Reports will help promote more data-driven decisions about arbitrator appointments. By way of preview, consider the following chart regarding a (hypothetical) arbitrator’s approach to document production: Figure A (based...
4 GCs, 4 Different Strategies for Reducing Cost Through Legal Operations
July 1, 2018
Combating this required a culture change, something that Harris said she tackled directly with increased transparency. Using...
July 1, 2018
Combating this required a culture change, something that Harris said she tackled directly with increased transparency. Using...
