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5 Things to Do the Moment a Loved One Passes Away
May 13, 2018
Generally, the only silver lining associated with the death of a loved one is the passage of their estate to beneficiaries. But starting the process to distribute the decedent’s assets is not always easy. Banks dislike the liability associated with transferring money from one account to another, creditors recognize this as a last opportunity to collect debts, thieves lurk in the shadows waiting to take advantage of grieving loved ones, and disbursed family members must be brought together. If you are named...
May 13, 2018
Generally, the only silver lining associated with the death of a loved one is the passage of their estate to beneficiaries. But starting the process to distribute the decedent’s assets is not always easy. Banks dislike the liability associated with transferring money from one account to another, creditors recognize this as a last opportunity to collect debts, thieves lurk in the shadows waiting to take advantage of grieving loved ones, and disbursed family members must be brought together. If you are named...
AI-Powered Contract Review Platform LawGeex Raises $12 Million in New Funding
May 12, 2018
LawGeex, a company whose product uses artificial intelligence to help in-house legal teams automate the review and approval of everyday contracts, is today announcing the closing of a $12 million Series B funding round led by venture capital fund Aleph. This investment brings the total funding for LawGeex to $21.5 million. In March 2017, LawGeex raised $7 million. Previous investors, including Lool Ventures, also participated in this round. This news follows several recent...
May 12, 2018
LawGeex, a company whose product uses artificial intelligence to help in-house legal teams automate the review and approval of everyday contracts, is today announcing the closing of a $12 million Series B funding round led by venture capital fund Aleph. This investment brings the total funding for LawGeex to $21.5 million. In March 2017, LawGeex raised $7 million. Previous investors, including Lool Ventures, also participated in this round. This news follows several recent...
How Legal Technology Algorithms Might Lead to Attorney “Skills Fade”
May 12, 2018
There's an interesting article by Professor Brian Sheppard (Seton Hall) in the March issue of Thomson Reuters' Practice Innovations newsletter that discusses the phenomenon of "skill fade" which occurs when workplace technologies replace human decision-making. By way of example, Professor Sheppard notes that several studies have shown that the use of autopilot technology for commercial flights can lead to a decline in pilot skill. Professor Sheppard then hypothesizes about whether the same could...
May 12, 2018
There's an interesting article by Professor Brian Sheppard (Seton Hall) in the March issue of Thomson Reuters' Practice Innovations newsletter that discusses the phenomenon of "skill fade" which occurs when workplace technologies replace human decision-making. By way of example, Professor Sheppard notes that several studies have shown that the use of autopilot technology for commercial flights can lead to a decline in pilot skill. Professor Sheppard then hypothesizes about whether the same could...
Stockmeyer on Confusion & Contract
May 11, 2018
Norman Otto Stockmeyer (Western Michigan University Cooley Law School) has posted The Law of Confusion: An Examination of Misunderstanding, Mistake, and Ignorance in Contract Law on SSRN. Here is the abstract: Courts have distinguished between several forms of confusion on the part of parties to a contract. This paper examines the leading cases defining these related states of mind and their differing legal effects. It offers a fresh look at old chestnuts familiar to generations of law students:...
May 11, 2018
Norman Otto Stockmeyer (Western Michigan University Cooley Law School) has posted The Law of Confusion: An Examination of Misunderstanding, Mistake, and Ignorance in Contract Law on SSRN. Here is the abstract: Courts have distinguished between several forms of confusion on the part of parties to a contract. This paper examines the leading cases defining these related states of mind and their differing legal effects. It offers a fresh look at old chestnuts familiar to generations of law students:...
A Convention on the enforcement of iMSAs …. AND a new Model Law
May 11, 2018
So the mediation community is now very close to getting its own “New York Convention” in addition to a Model Law (amending...
May 11, 2018
So the mediation community is now very close to getting its own “New York Convention” in addition to a Model Law (amending...
Whiplash: When a Court Finds That the Parties’ Claims Are Within the Scope of a Valid Arbitration Agreement, But It Will Not Compel Arbitration
May 10, 2018
Is there such a thing as an arbitration joke? Here is a test. Two plaintiffs walk into a court, claiming that each was wrongfully terminated by a bank (UBS). The bank moves to compel arbitration by plaintiff one; and it moves to dismiss the judicial claim of plaintiff two because that plaintiff had already brought his claim in an arbitration that he commenced. The Court finds that both plaintiffs are bound by arbitration agreements with UBS and that their claims are within the scope of the arbitration...
May 10, 2018
Is there such a thing as an arbitration joke? Here is a test. Two plaintiffs walk into a court, claiming that each was wrongfully terminated by a bank (UBS). The bank moves to compel arbitration by plaintiff one; and it moves to dismiss the judicial claim of plaintiff two because that plaintiff had already brought his claim in an arbitration that he commenced. The Court finds that both plaintiffs are bound by arbitration agreements with UBS and that their claims are within the scope of the arbitration...
The Medium Makes the Difference!
May 10, 2018
Recently I came upon an older article written by Tammy Lenski entitled, “Face to Face negotiation better than e-mail.” (“Lenski”) While the article was originally published in December 2003, its points are probably truer today than fifteen years ago. The last decade and a half has seen an explosion in communication by every means imaginable other than face to face. For this reason, I believe its points are worth revisiting. Ms. Lenski begins by noting that research in 2000 revealed that...
May 10, 2018
Recently I came upon an older article written by Tammy Lenski entitled, “Face to Face negotiation better than e-mail.” (“Lenski”) While the article was originally published in December 2003, its points are probably truer today than fifteen years ago. The last decade and a half has seen an explosion in communication by every means imaginable other than face to face. For this reason, I believe its points are worth revisiting. Ms. Lenski begins by noting that research in 2000 revealed that...
The Evil Eye: Eye Gaze and Competitiveness in Social Decision Making
May 9, 2018
We demonstrate that a person’s eye gaze and his/her competitiveness are closely intertwined in social decision making....
May 9, 2018
We demonstrate that a person’s eye gaze and his/her competitiveness are closely intertwined in social decision making....
Settlement Agreements Don’t Release Claims Related to Fraud Around the Settlement Itself
May 9, 2018
A recent decision out of the Eastern District of Louisiana, In re Chinese-Manufactured Drywall Products Liability Litigation, MDL No. 09-2047 (behind paywall), stems from a multi-district litigation over the sale of Chinese drywall in the Southeast during rebuilding efforts after Hurricanes Rita and Katrina. Eventually, five individual class settlements were approved by the court. Later, the Burns realized that their house contained Chinese drywall that was causing a variety of problems. They...
May 9, 2018
A recent decision out of the Eastern District of Louisiana, In re Chinese-Manufactured Drywall Products Liability Litigation, MDL No. 09-2047 (behind paywall), stems from a multi-district litigation over the sale of Chinese drywall in the Southeast during rebuilding efforts after Hurricanes Rita and Katrina. Eventually, five individual class settlements were approved by the court. Later, the Burns realized that their house contained Chinese drywall that was causing a variety of problems. They...
3 Moves made by Masterful Mediators & Street Fighters
May 8, 2018
This then, is the first move – preparation. Whenever I observe my mentor and friend, Associate Professor Joel Lee, teach or train mediation at the National University of Singapore, or in his capacity as an Affiliate Partner with CMPartners, I will always remember his emphasis on preparation. Good preparation is about knowing one’s strengths and weaknesses; where likely points of conflict will arise and how we plan ahead what moves we will make to deal with them. The second move is framing. It...
May 8, 2018
This then, is the first move – preparation. Whenever I observe my mentor and friend, Associate Professor Joel Lee, teach or train mediation at the National University of Singapore, or in his capacity as an Affiliate Partner with CMPartners, I will always remember his emphasis on preparation. Good preparation is about knowing one’s strengths and weaknesses; where likely points of conflict will arise and how we plan ahead what moves we will make to deal with them. The second move is framing. It...
