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Settlement Is Not Success, Impasse Is Not Failure: It Is The Perseverance To Mediate That Counts
March 7, 2018
Readers who are experts on the wartime British Prime Minister or have recently watched “The Darkest Hour” may find the above caption familiar. Yes, it has been inspired by Winston Churchill’s famous quote “Success is not final, failure is not fatal: it is the courage to continue that counts.” If you like the caption, feel free to use it as your mediation motto or share it with your colleagues and students in mediation training. As a mediator, I always encourage the parties...
March 7, 2018
Readers who are experts on the wartime British Prime Minister or have recently watched “The Darkest Hour” may find the above caption familiar. Yes, it has been inspired by Winston Churchill’s famous quote “Success is not final, failure is not fatal: it is the courage to continue that counts.” If you like the caption, feel free to use it as your mediation motto or share it with your colleagues and students in mediation training. As a mediator, I always encourage the parties...
Issuing A Subpoena For Documents Under 28 U.S.C. § 1782 Also Requires Personal Jurisdiction Over The Subpoena Target
March 7, 2018
Under 28 U.S.C. § 1782, “[t]he district court of the district in which a person resides or is found may order him to . . . produce a document for use in a proceeding in a foreign or international tribunal . . . .” Courts in the Second Circuit appear to be coming around to accepting that a commercial arbitration can be “a foreign or international tribunal” for these purposes. Swell. But there is one more thing: they are also likely to treat a subpoena under that statute like a subpoena under...
March 7, 2018
Under 28 U.S.C. § 1782, “[t]he district court of the district in which a person resides or is found may order him to . . . produce a document for use in a proceeding in a foreign or international tribunal . . . .” Courts in the Second Circuit appear to be coming around to accepting that a commercial arbitration can be “a foreign or international tribunal” for these purposes. Swell. But there is one more thing: they are also likely to treat a subpoena under that statute like a subpoena under...
3 Things The 2017 Patent Litigation Statistics Show Us
March 6, 2018
Because of the tendency for clients and lawyers to overestimate the likely return from the cases they are involved with,...
March 6, 2018
Because of the tendency for clients and lawyers to overestimate the likely return from the cases they are involved with,...
Federal Courts Do Not Appreciate Defendants Obtaining Arbitration Agreement From Active Plaintiff
March 6, 2018
In today’s post, we pick up where the 4th Circuit left off a few weeks ago — with federal circuit courts finding ways to avoid enforcing arbitration agreements that are obtained years after litigation has commenced. In Dasher v. RBC Bank (USA), __ F3d. ___, 2018 WL 832855 (11th Cir. Feb. 13, 2018), the plaintiffs alleged the bank had processed debit card transactions in such a way that it would increase overdraft charges. Although the date is not listed, the case appears to have begun...
March 6, 2018
In today’s post, we pick up where the 4th Circuit left off a few weeks ago — with federal circuit courts finding ways to avoid enforcing arbitration agreements that are obtained years after litigation has commenced. In Dasher v. RBC Bank (USA), __ F3d. ___, 2018 WL 832855 (11th Cir. Feb. 13, 2018), the plaintiffs alleged the bank had processed debit card transactions in such a way that it would increase overdraft charges. Although the date is not listed, the case appears to have begun...
The Law Firm Disrupted: How Predictable Can Litigation Get and How Fast?
March 5, 2018
The leaders in litigation analytics want to move from amassing statistics to predicting outcomes. When that day comes, it's going to change everything. BLM, an insurance-focused firm in the U.K., announced this week a partnership with the London School of Economics that will advance its goals of becoming a leader in advanced data analytics. Three professors, including experts on decision-mapping, machine learning and an actuary, will work with the firm’s proprietary data to better understand...
March 5, 2018
The leaders in litigation analytics want to move from amassing statistics to predicting outcomes. When that day comes, it's going to change everything. BLM, an insurance-focused firm in the U.K., announced this week a partnership with the London School of Economics that will advance its goals of becoming a leader in advanced data analytics. Three professors, including experts on decision-mapping, machine learning and an actuary, will work with the firm’s proprietary data to better understand...
A Belated Judicial Determination Regarding Whether a Party Is Bound By An Arbitration Agreement Requires a “De Novo” Proceeding
March 5, 2018
Typically, the issue of whether a party is bound by an arbitration agreement is raised in a judicial motion to compel under Section 4 of the Federal Arbitration Act (9 U.S.C. § 4). The issue also may be raised in a judicial application to stay an arbitration, as to which the Section 4 procedure applies as well. Occasionally, however, the issue is decided by an arbitrator in the first instance. When the matter eventually reaches a court — e.g., in the context of a post-arbitration motion to confirm...
March 5, 2018
Typically, the issue of whether a party is bound by an arbitration agreement is raised in a judicial motion to compel under Section 4 of the Federal Arbitration Act (9 U.S.C. § 4). The issue also may be raised in a judicial application to stay an arbitration, as to which the Section 4 procedure applies as well. Occasionally, however, the issue is decided by an arbitrator in the first instance. When the matter eventually reaches a court — e.g., in the context of a post-arbitration motion to confirm...
How Your Smartphone Camera Is Affecting Your Life
March 4, 2018
Because people take a lot of pictures. According to the Times, roughly 1.3 trillion photos were taken in 2017, the vast majority of them with our smartphones. 350 million of these pictures are uploaded to Facebook every day. Since Instagram launched in 2010, over 40 billion photos have been shared on the site. A recent paper in JPSP by the psychologists Kristin Diehl, Gal Zuberman and Alixandra Barasch provides some useful answers. The scientists began by taking over...
March 4, 2018
Because people take a lot of pictures. According to the Times, roughly 1.3 trillion photos were taken in 2017, the vast majority of them with our smartphones. 350 million of these pictures are uploaded to Facebook every day. Since Instagram launched in 2010, over 40 billion photos have been shared on the site. A recent paper in JPSP by the psychologists Kristin Diehl, Gal Zuberman and Alixandra Barasch provides some useful answers. The scientists began by taking over...
Case.one Announces Its Own Alexa Integration for Voice Controls
March 3, 2018
Now comes another Alexa integration for lawyers. Today, the practice management application Case.one announced its new integration with Amazon’s Alexa. The integration enables lawyers to make entries and call up information within Case.one’s practice management application. The functionality includes the ability to enter billing details, authorize users, find a case by name, add and search tasks, add and search events, and add and search notes, all using Alexa voice commands.
March 3, 2018
Now comes another Alexa integration for lawyers. Today, the practice management application Case.one announced its new integration with Amazon’s Alexa. The integration enables lawyers to make entries and call up information within Case.one’s practice management application. The functionality includes the ability to enter billing details, authorize users, find a case by name, add and search tasks, add and search events, and add and search notes, all using Alexa voice commands.
Self-Driving Cars Are Already on Our Roads
March 3, 2018
Self-driving cars are starting to hit the roads in Texas, and their numbers will only increase. While many people argue that autonomous vehicles will improve road safety, they will not eliminate car accidents. In fact, when a self-driving car accident occurs, you might face complicated insurance claims and a higher likelihood of litigation. Below, we explain how to protect yourself after a self-driving car accident. While it seemed unlikely a decade ago, self-driving cars are now a reality....
March 3, 2018
Self-driving cars are starting to hit the roads in Texas, and their numbers will only increase. While many people argue that autonomous vehicles will improve road safety, they will not eliminate car accidents. In fact, when a self-driving car accident occurs, you might face complicated insurance claims and a higher likelihood of litigation. Below, we explain how to protect yourself after a self-driving car accident. While it seemed unlikely a decade ago, self-driving cars are now a reality....
Ravel Law’s Integration with Lexis Advance
March 2, 2018
Daniel Lewis was just in his second year at Stanford Law School when he had an idea for a different way to do legal research, as I recounted in this 2014 ABA Journal article. His idea was to display search results visually, along a cluster map that shows the relationships among cases and their relative importance to each other. Shortly after he graduated in 2012, he and classmate Nicholas Reed had launched the legal research platform derived from his idea, Ravel Law. Last June, five years after...
March 2, 2018
Daniel Lewis was just in his second year at Stanford Law School when he had an idea for a different way to do legal research, as I recounted in this 2014 ABA Journal article. His idea was to display search results visually, along a cluster map that shows the relationships among cases and their relative importance to each other. Shortly after he graduated in 2012, he and classmate Nicholas Reed had launched the legal research platform derived from his idea, Ravel Law. Last June, five years after...
