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Important Employment Arbitration Cases in the Supreme Court
November 2, 2017
Stanford Law Professor David Freeman Engstrom wrote a useful op-ed in the New York Times explaining why three cases argued in the Supreme Court today are so important for workers. In brief, he notes that there are various mechanisms to protect workers including unions, government regulation, and litigation and argues that the first two of these have become less effective in recent decades. So litigation has become much more important. Others can explain the specific legal issues and nuances...
November 2, 2017
Stanford Law Professor David Freeman Engstrom wrote a useful op-ed in the New York Times explaining why three cases argued in the Supreme Court today are so important for workers. In brief, he notes that there are various mechanisms to protect workers including unions, government regulation, and litigation and argues that the first two of these have become less effective in recent decades. So litigation has become much more important. Others can explain the specific legal issues and nuances...
Negotiation Journal Issue Dedicated to Howard Raiffa
November 2, 2017
We dedicate this issue of the Negotiation Journal to the accomplishments, wisdom, sprit, and memory of Howard Raiffa. It has been curated by guest editors James Sebenius and Max Bazerman, who have assembled an exceptional collection of reflections, commentaries, and testimonials – instructive as well as appreciative. Howard Raiffa was among the founding architects of decision science, game theory, and negotiation analysis as fields, as well as one of the founders of the Program on Negotiation...
November 2, 2017
We dedicate this issue of the Negotiation Journal to the accomplishments, wisdom, sprit, and memory of Howard Raiffa. It has been curated by guest editors James Sebenius and Max Bazerman, who have assembled an exceptional collection of reflections, commentaries, and testimonials – instructive as well as appreciative. Howard Raiffa was among the founding architects of decision science, game theory, and negotiation analysis as fields, as well as one of the founders of the Program on Negotiation...
Agreeing to Collaborate in Advance?
November 1, 2017
Collaborative law is steadily gaining popularity and acceptance as a way to solve legal disputes without the intervention of the court system. Under collaborative law, the attorneys are litigation-only counsel, and counsel and the parties agree to forego traditional litigation processes, such as discovery and motion practice, in favor of collaboration, free exchange of information, and settlement. An unexplored question exists regarding whether parties can agree in advance to use collaborative law in the event...
November 1, 2017
Collaborative law is steadily gaining popularity and acceptance as a way to solve legal disputes without the intervention of the court system. Under collaborative law, the attorneys are litigation-only counsel, and counsel and the parties agree to forego traditional litigation processes, such as discovery and motion practice, in favor of collaboration, free exchange of information, and settlement. An unexplored question exists regarding whether parties can agree in advance to use collaborative law in the event...
Giving the People What They Want: Mediating in an Online, Big Data, Artificial Intelligence World
November 1, 2017
“GIVING THE PEOPLE WHAT THEY WANT: MEDIATING IN AN ON-LINE, BIG DATA, ARTIFICIAL INTELLIGENCE WORLD” Karl Bayer, IAM Distinguished Fellow, Austin, TX Brian Kuhn, IBM Watson Legal Team Colin Rule, Tyler Technologies Don Philbin, IAM Distinguished Fellow, San Antonio, TX
November 1, 2017
“GIVING THE PEOPLE WHAT THEY WANT: MEDIATING IN AN ON-LINE, BIG DATA, ARTIFICIAL INTELLIGENCE WORLD” Karl Bayer, IAM Distinguished Fellow, Austin, TX Brian Kuhn, IBM Watson Legal Team Colin Rule, Tyler Technologies Don Philbin, IAM Distinguished Fellow, San Antonio, TX
An Empirical Study of Admissions in SEC Settlements
October 31, 2017
Transparency and accountability were the announced aims of the Securities and Exchange Commission (SEC) as it unveiled a new policy...
October 31, 2017
Transparency and accountability were the announced aims of the Securities and Exchange Commission (SEC) as it unveiled a new policy...
Strategic Negotiations: The Right Number at the Wrong Time is the Wrong Number
October 31, 2017
Decisional errors are costly. Drawing on law, behavioral economics, psychology, and historical data, including a one-of-a-kind offer pattern database, we will explore ways to reduce impasse. We’ll graph specific negotiations and watch as the parties fall into predictable patterns – including the cognitive biases that make negotiations interesting. That data will provide the grist for group discussion and forming tools mediators can use to reduce impasse immediately. SABA Brown...
October 31, 2017
Decisional errors are costly. Drawing on law, behavioral economics, psychology, and historical data, including a one-of-a-kind offer pattern database, we will explore ways to reduce impasse. We’ll graph specific negotiations and watch as the parties fall into predictable patterns – including the cognitive biases that make negotiations interesting. That data will provide the grist for group discussion and forming tools mediators can use to reduce impasse immediately. SABA Brown...
The Psychology and Neurobiology of Mediation
October 30, 2017
This article discusses the neurobiology of what is perhaps the most common problem in mediation: people take the conflict personally and the outcome of the mediation as a reflection of who they are. Learning to let go of this identification of the self with outcome -- with “face” or “ego” issues -- has psychological and spiritual dimensions. To define the problem first in psychological terms: the process through which parties, counsel, and even the mediator, learn to let go of their ego-based...
October 30, 2017
This article discusses the neurobiology of what is perhaps the most common problem in mediation: people take the conflict personally and the outcome of the mediation as a reflection of who they are. Learning to let go of this identification of the self with outcome -- with “face” or “ego” issues -- has psychological and spiritual dimensions. To define the problem first in psychological terms: the process through which parties, counsel, and even the mediator, learn to let go of their ego-based...
Patent Venue? It Is A-Changin’
October 30, 2017
Back in May, I wrote about the Supreme Court’s TC Heartland decision on patent venue, where the permissive, long-standing Federal Circuit approach to the issue was rejected in favor of a much more restrictive approach. In that column, I made the point that the decision could mean “we are also likely to see an uptick in patent cases filed where the defendant is incorporated” as patent owners sought to avoid venue-based disruptions to their cases in light of TC Heartland making patent venue...
October 30, 2017
Back in May, I wrote about the Supreme Court’s TC Heartland decision on patent venue, where the permissive, long-standing Federal Circuit approach to the issue was rejected in favor of a much more restrictive approach. In that column, I made the point that the decision could mean “we are also likely to see an uptick in patent cases filed where the defendant is incorporated” as patent owners sought to avoid venue-based disruptions to their cases in light of TC Heartland making patent venue...
PwC Launches On-Demand Flexible Lawyering Service for Clients
October 29, 2017
PwC has launched a new flexible lawyering service as part of its ‘New Law’ offering for large in-house legal teams. The new service, dubbed Flexible Legal Resources, will help clients with their staffing needs by providing temporary lawyers for in-house teams during abnormal spikes in workload. Flexible Legal Resources is part of PwC’s New Law offering, which aims to help large in-house legal teams work more efficiently, with a particular focus on effective use of technology.
October 29, 2017
PwC has launched a new flexible lawyering service as part of its ‘New Law’ offering for large in-house legal teams. The new service, dubbed Flexible Legal Resources, will help clients with their staffing needs by providing temporary lawyers for in-house teams during abnormal spikes in workload. Flexible Legal Resources is part of PwC’s New Law offering, which aims to help large in-house legal teams work more efficiently, with a particular focus on effective use of technology.
Taking on the World: The Big Four in the Global Legal Market
October 29, 2017
To see the threat posed by accounting firms, just look at the number of countries where these newly re-energized players are offering legal services. Many falsely believe the Big Four were kicked out of the legal industry in the early 2000s. The Economist even went so far as to state, after the Enron scandal drove regulators to limit the range of legal services audit firms could provide, that “accountancy firms’ drive in the legal arena is dead.” Such reports—as Mark Twain once famously...
October 29, 2017
To see the threat posed by accounting firms, just look at the number of countries where these newly re-energized players are offering legal services. Many falsely believe the Big Four were kicked out of the legal industry in the early 2000s. The Economist even went so far as to state, after the Enron scandal drove regulators to limit the range of legal services audit firms could provide, that “accountancy firms’ drive in the legal arena is dead.” Such reports—as Mark Twain once famously...
