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How to Control Your Emotions During a Difficult Conversation
December 7, 2017
It’s hard not to get worked up emotionally when you’re in a tense conversation. After all, a disagreement can feel like a threat. You’re afraid you’re going to have to give up something — your point of view, the way you’re used to doing something, the notion that you’re right, or maybe even power – and your body therefore ramps up for a fight by triggering the sympathetic nervous system. This is a natural response, but the problem is that our bodies and minds aren’t particularly...
December 7, 2017
It’s hard not to get worked up emotionally when you’re in a tense conversation. After all, a disagreement can feel like a threat. You’re afraid you’re going to have to give up something — your point of view, the way you’re used to doing something, the notion that you’re right, or maybe even power – and your body therefore ramps up for a fight by triggering the sympathetic nervous system. This is a natural response, but the problem is that our bodies and minds aren’t particularly...
Failing to Initiate Settlement Negotiations is Risky Business
December 7, 2017
Two recent cases have addressed insurance company extracontractual exposure for failing to initiate settlement negotiations. In Stalley v. Allstate Insurance Co., 2016 WL 1752764 (M.D. Fla. April 29, 2016) the court considered the so-called “Powell rule” where the insurance company has an affirmative duty to initiate settlement negotiations under Florida law when the liability of the insured has become clear and the injuries are so serious that a judgment in excess of the policy limits...
December 7, 2017
Two recent cases have addressed insurance company extracontractual exposure for failing to initiate settlement negotiations. In Stalley v. Allstate Insurance Co., 2016 WL 1752764 (M.D. Fla. April 29, 2016) the court considered the so-called “Powell rule” where the insurance company has an affirmative duty to initiate settlement negotiations under Florida law when the liability of the insured has become clear and the injuries are so serious that a judgment in excess of the policy limits...
34th Annual Texas Bar Litigation Update Institute
December 6, 2017
34th Annual Litigation Update Institute Cosponsored by the Litigation Section of the State Bar of Texas MCLE Credit: 14 hours (including 1 hour ethics). Applies to the Texas Bar College & Texas Board of Legal Specialization in Civil Appellate, Civil Trial, and Personal Injury Trial Law. Austin - Live Presentation January 11-12, 2018 Omni Austin Hotel Downtown Register by December 28 and save up to $100! Bring your new associates - attorneys licensed 5 years...
December 6, 2017
34th Annual Litigation Update Institute Cosponsored by the Litigation Section of the State Bar of Texas MCLE Credit: 14 hours (including 1 hour ethics). Applies to the Texas Bar College & Texas Board of Legal Specialization in Civil Appellate, Civil Trial, and Personal Injury Trial Law. Austin - Live Presentation January 11-12, 2018 Omni Austin Hotel Downtown Register by December 28 and save up to $100! Bring your new associates - attorneys licensed 5 years...
Anti-Suit Injunctions in Judicial and Arbitral Procedures in the United States
December 6, 2017
S.I. Strong, Manley O. Hudson Professor of Law at the University of Missouri School of Law, has published “Anti-Suit Injunctions in Judicial and Arbitral Procedures in the United States,” 66 American Journal of Comparative Law __ (Forthcoming); University of Missouri School of Law Legal Studies Research Paper No. 2017-25. In her journal article, Professor Strong analyzes when the exceptional remedy of anti-suit injunctions may be appropriate in the context of judicial and arbitration...
December 6, 2017
S.I. Strong, Manley O. Hudson Professor of Law at the University of Missouri School of Law, has published “Anti-Suit Injunctions in Judicial and Arbitral Procedures in the United States,” 66 American Journal of Comparative Law __ (Forthcoming); University of Missouri School of Law Legal Studies Research Paper No. 2017-25. In her journal article, Professor Strong analyzes when the exceptional remedy of anti-suit injunctions may be appropriate in the context of judicial and arbitration...
How Artificial Intelligence Will Affect The Practice of Law
December 5, 2017
Benjamin Alarie (Toronto), Anthony Niblett (Toronto) & Albert Yoon (Toronto), How Artificial Intelligence Will Affect the Practice of Law: Artificial intelligence is exerting an influence on all professions and industries. We have autonomous vehicles, instantaneous translation among the world’s leading languages, and search engines that rapidly locate information anywhere on the web in a way that is tailored to a user’s interests and past search history. Law is not immune from disruption...
December 5, 2017
Benjamin Alarie (Toronto), Anthony Niblett (Toronto) & Albert Yoon (Toronto), How Artificial Intelligence Will Affect the Practice of Law: Artificial intelligence is exerting an influence on all professions and industries. We have autonomous vehicles, instantaneous translation among the world’s leading languages, and search engines that rapidly locate information anywhere on the web in a way that is tailored to a user’s interests and past search history. Law is not immune from disruption...
Kentucky Supreme Court Revisits Nursing Home Arbitration Case Overturned by SCOTUS
December 5, 2017
In May, the United States Supreme Court overturned the Supreme Court of Kentucky’s decision in Kindred Nursing Centers Limited Partnership v. Clark, No. 16-32, (May 15, 2017). As described in another Disputing blog post, the lawsuit: …initially consisted of three separate cases where a family member who held the power of attorney for an individual who was being admitted to a Kentucky nursing home signed a pre-dispute binding arbitration agreement as part of the admission documents. ...
December 5, 2017
In May, the United States Supreme Court overturned the Supreme Court of Kentucky’s decision in Kindred Nursing Centers Limited Partnership v. Clark, No. 16-32, (May 15, 2017). As described in another Disputing blog post, the lawsuit: …initially consisted of three separate cases where a family member who held the power of attorney for an individual who was being admitted to a Kentucky nursing home signed a pre-dispute binding arbitration agreement as part of the admission documents. ...
Hylton on Deterrence and Aggregate Litigation
December 4, 2017
Keith Hylton has posted to SSRN Deterrence and Aggregate Litigation. The abstract provides: This paper examines the deterrence...
December 4, 2017
Keith Hylton has posted to SSRN Deterrence and Aggregate Litigation. The abstract provides: This paper examines the deterrence...
First Impressions: Drafting Effective Mediation Statements
December 4, 2017
Donna Erez-Navot, Visiting Assistant Clinical Professor at Cardozo School of Law and Interim Director of the Cardozo Mediation Clinic, and Brian Farkas, Attorney at Goetz Fitzpatrick LLP and Adjunct Professor of Law at Cardozo School of Law, have published a useful journal article titled “First Impressions: Drafting Effective Mediation Statements,” Lewis & Clark Law Review, Vol. 22, Forthcoming; Cardozo Legal Studies Research Paper No. 529. In their paper, the authors offer guidance...
December 4, 2017
Donna Erez-Navot, Visiting Assistant Clinical Professor at Cardozo School of Law and Interim Director of the Cardozo Mediation Clinic, and Brian Farkas, Attorney at Goetz Fitzpatrick LLP and Adjunct Professor of Law at Cardozo School of Law, have published a useful journal article titled “First Impressions: Drafting Effective Mediation Statements,” Lewis & Clark Law Review, Vol. 22, Forthcoming; Cardozo Legal Studies Research Paper No. 529. In their paper, the authors offer guidance...
More realtime data on Google Trends
December 3, 2017
Google Trends can be window into the world, giving us a peek into what people are searching for—whether it’s elections, music, sports or games. Now you can see the world in realtime through more lenses: News, Shopping, Images and YouTube. We’re opening up more data to show what people in the world are looking for, as they’re looking for it—whether it’s just out of curiosity, to write a story or something else. And it’s really easy to do: say you’re curious about search interest...
December 3, 2017
Google Trends can be window into the world, giving us a peek into what people are searching for—whether it’s elections, music, sports or games. Now you can see the world in realtime through more lenses: News, Shopping, Images and YouTube. We’re opening up more data to show what people in the world are looking for, as they’re looking for it—whether it’s just out of curiosity, to write a story or something else. And it’s really easy to do: say you’re curious about search interest...
Vote Now For The Legal Tech Companies That Get To Be In Startup Alley at ABA Techshow
December 3, 2017
A bit delayed in posting this, but voting opened Monday to pick your favorite legal technology startup. Fifteen companies will be selected to participate in the ABA Techshow Startup Alley. They’ll get to go to ABA Techshow, where they’ll exhibit their products in a special portion of the exhibition hall and also participate in an opening night pitch competition. We’ve posted descriptions of the 25 semifinalists and links to product videos when available. Check them out and then vote for your...
December 3, 2017
A bit delayed in posting this, but voting opened Monday to pick your favorite legal technology startup. Fifteen companies will be selected to participate in the ABA Techshow Startup Alley. They’ll get to go to ABA Techshow, where they’ll exhibit their products in a special portion of the exhibition hall and also participate in an opening night pitch competition. We’ve posted descriptions of the 25 semifinalists and links to product videos when available. Check them out and then vote for your...
