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Is “Class Arbitration” an Oxymoron? Examining Theoretical Bases for Class Arbitration
May 15, 2017
We recently began a series of articles in which we ask: Is “class arbitration” viable given the essential nature of arbitration,...
May 15, 2017
We recently began a series of articles in which we ask: Is “class arbitration” viable given the essential nature of arbitration,...
SCOTX Affirms Arbitration Award, Finds No Manifest Disregard of the Law in Oil & Gas Dispute
May 15, 2017
The Supreme Court of Texas has affirmed a court of appeals’ judgment regarding an arbitration panel’s damages award in an oil and gas exploration and production dispute. The background for Forest Oil Corp. v. El Rucio Land and Cattle Co., Inc., et al., No. 14-0979 (Tex., April 28, 2017), was previously published in a prior blog post: In Forest Oil Corp. v. El Rucio Land and Cattle Co., Inc., et al., No. 01-13-00040-CV (Tex. App. – Houston [1st Dist.], July 24, 2014), a property owner,...
May 15, 2017
The Supreme Court of Texas has affirmed a court of appeals’ judgment regarding an arbitration panel’s damages award in an oil and gas exploration and production dispute. The background for Forest Oil Corp. v. El Rucio Land and Cattle Co., Inc., et al., No. 14-0979 (Tex., April 28, 2017), was previously published in a prior blog post: In Forest Oil Corp. v. El Rucio Land and Cattle Co., Inc., et al., No. 01-13-00040-CV (Tex. App. – Houston [1st Dist.], July 24, 2014), a property owner,...
How to Master Your Emotions
May 14, 2017
In her new book How Emotions Are Made: The Secret Life of the Brain, renowned psychologist Lisa Feldman Barrett makes a compelling case about the constructed theory of emotions. Unlike the classical theory that posits that emotions are built-in reactions triggered by the environment, Barrett claims that emotions do not happen to us without our volition. Rather, we construct our emotions by making meaning of sensations, and making predictions using our past experiences and our collection of concepts....
May 14, 2017
In her new book How Emotions Are Made: The Secret Life of the Brain, renowned psychologist Lisa Feldman Barrett makes a compelling case about the constructed theory of emotions. Unlike the classical theory that posits that emotions are built-in reactions triggered by the environment, Barrett claims that emotions do not happen to us without our volition. Rather, we construct our emotions by making meaning of sensations, and making predictions using our past experiences and our collection of concepts....
The Biology of Our Best and Worst Selves
May 14, 2017
How can humans be so compassionate and altruistic — and also so brutal and violent? To understand why we do what we do, neuroscientist...
May 14, 2017
How can humans be so compassionate and altruistic — and also so brutal and violent? To understand why we do what we do, neuroscientist...
Judge Denies Bob Bennett’s Request For Mediation Before Sanction Hearing
May 14, 2017
Judge Craig Smith of Dallas on May 10 signed an order denying Houston trial lawyer Robert S. Bennett’s request for mediation before a hearing to decide what sanctions should be imposed on Bennett in his disciplinary suit. The Commission for Lawyer Discipline opposed the request, alleging Bennett asked for mediation simply to delay the sanction hearing. "By the time that a mediation is scheduled and held, and then a sanction hearing is scheduled and held, respondent will have been able to practice...
May 14, 2017
Judge Craig Smith of Dallas on May 10 signed an order denying Houston trial lawyer Robert S. Bennett’s request for mediation before a hearing to decide what sanctions should be imposed on Bennett in his disciplinary suit. The Commission for Lawyer Discipline opposed the request, alleging Bennett asked for mediation simply to delay the sanction hearing. "By the time that a mediation is scheduled and held, and then a sanction hearing is scheduled and held, respondent will have been able to practice...
How Machine Learning in G Suite Makes People More Productive
May 13, 2017
Email management, formatting documents, creating expense reports. These are just some of the time-sinks that can affect your productivity at work. At Google, this is referred to as “overhead”—time spent working on tasks that do not directly relate to creative output—and it happens a lot. According to a Google study in 2015, the average worker spends only about 5 percent of his or her time actually coming up with the next big idea. The rest of our time is caught in the quicksand of formatting,...
May 13, 2017
Email management, formatting documents, creating expense reports. These are just some of the time-sinks that can affect your productivity at work. At Google, this is referred to as “overhead”—time spent working on tasks that do not directly relate to creative output—and it happens a lot. According to a Google study in 2015, the average worker spends only about 5 percent of his or her time actually coming up with the next big idea. The rest of our time is caught in the quicksand of formatting,...
Let Me Introduce You to Three Robot Lawyers
May 13, 2017
The practice of law is going to look very different 15 years from now. The most routine legal work traditionally performed by human lawyers will likely be carried out by artificial intelligence (AI). In fact, some law firms have already employed robots to perform legal services and private companies are rapidly developing new artificial intelligence and data analytics tools for lawyers. I would like to introduce you to three examples. Do Not Fear the Robots Ross, Lex Machina and Kira are just...
May 13, 2017
The practice of law is going to look very different 15 years from now. The most routine legal work traditionally performed by human lawyers will likely be carried out by artificial intelligence (AI). In fact, some law firms have already employed robots to perform legal services and private companies are rapidly developing new artificial intelligence and data analytics tools for lawyers. I would like to introduce you to three examples. Do Not Fear the Robots Ross, Lex Machina and Kira are just...
Justice in the Age of Technology: ‘The Rise of Machines is Upon Us’
May 13, 2017
Changing and emerging technologies are reshaping the justice system. First, and at the most basic level, technology can assist to inform, support and advise people involved in the justice system ('supportive technology'). Second, technology can replace functions and activities that were previously carried out by humans ('replacement technologies'). Finally, at a third level, technology can change that way that judges work and provide for very different forms of justice ('disruptive technology') that...
May 13, 2017
Changing and emerging technologies are reshaping the justice system. First, and at the most basic level, technology can assist to inform, support and advise people involved in the justice system ('supportive technology'). Second, technology can replace functions and activities that were previously carried out by humans ('replacement technologies'). Finally, at a third level, technology can change that way that judges work and provide for very different forms of justice ('disruptive technology') that...
California Balcony Fall Victims Win Partial Settlement
May 12, 2017
The victims of a balcony collapse in Berkeley, California, that killed six college students have reached a settlement with some of the companies they sued in 2015. The settlements are confidential, said lawyers for the families of the students who died and seven others who were injured.
May 12, 2017
The victims of a balcony collapse in Berkeley, California, that killed six college students have reached a settlement with some of the companies they sued in 2015. The settlements are confidential, said lawyers for the families of the students who died and seven others who were injured.
Third Circuit: Arbitration Agreement Not Validly Formed Through An “Interactive Voice-Response Telephone System”
May 12, 2017
In Bobbie James v. Global TelLink Corp, No. 16-1555 (Mar. 29, 2017), the Third Circuit held that the defendant telecom company had failed to create a binding arbitration agreement (click here for a copy of the decision). As recognized by the Third Circuit, this case involves a unique fact pattern of “contract formation through an interactive voice-response telephone system.” The defendant provides telecom services to inmates at correctional facilities so that the inmates can call their...
May 12, 2017
In Bobbie James v. Global TelLink Corp, No. 16-1555 (Mar. 29, 2017), the Third Circuit held that the defendant telecom company had failed to create a binding arbitration agreement (click here for a copy of the decision). As recognized by the Third Circuit, this case involves a unique fact pattern of “contract formation through an interactive voice-response telephone system.” The defendant provides telecom services to inmates at correctional facilities so that the inmates can call their...
