Blog Archives
Samsung Shut Out Of Arbitration In Recent Consumer Class Actions
April 17, 2017
Two federal circuit courts of appeals have recently found that documents Samsung included in boxes with consumer products did not effectively create an arbitration agreement. In both cases, the documents had titles indicating they related to safety and warranty information, and therefore were ruled insufficient to put consumers on notice of any obligation to arbitrate. In Noble v. Samsung Electronics America, Inc., 2017 WL 838269 (3d Cir. March 3, 2017), the putative class action complained...
April 17, 2017
Two federal circuit courts of appeals have recently found that documents Samsung included in boxes with consumer products did not effectively create an arbitration agreement. In both cases, the documents had titles indicating they related to safety and warranty information, and therefore were ruled insufficient to put consumers on notice of any obligation to arbitrate. In Noble v. Samsung Electronics America, Inc., 2017 WL 838269 (3d Cir. March 3, 2017), the putative class action complained...
Are You a Bad Communicator or is the Other Person a Bad Listener? Or Both?
April 17, 2017
Not everyone absorbs information the same way and some of us are better at it than others. You may need to adjust your communication style to best fit how your clients learn and process information. Different people have different learning styles and it doesn’t help that your clients are involved in the stress of litigating a case. You may become frustrated with someone who doesn’t appear to learn or understand what you’re saying. The other person may also...
April 17, 2017
Not everyone absorbs information the same way and some of us are better at it than others. You may need to adjust your communication style to best fit how your clients learn and process information. Different people have different learning styles and it doesn’t help that your clients are involved in the stress of litigating a case. You may become frustrated with someone who doesn’t appear to learn or understand what you’re saying. The other person may also...
How Uber Uses Psychological Tricks to Push Its Drivers’ Buttons
April 16, 2017
To keep drivers on the road, the company has exploited some people’s tendency to set earnings goals — alerting them that they are ever so close to hitting a precious target when they try to log off. It has even concocted an algorithm similar to a Netflix feature that automatically loads the next program, which many experts believe encourages binge-watching. In Uber’s case, this means sending drivers their next fare opportunity before their current ride is even over. And most of this happens...
April 16, 2017
To keep drivers on the road, the company has exploited some people’s tendency to set earnings goals — alerting them that they are ever so close to hitting a precious target when they try to log off. It has even concocted an algorithm similar to a Netflix feature that automatically loads the next program, which many experts believe encourages binge-watching. In Uber’s case, this means sending drivers their next fare opportunity before their current ride is even over. And most of this happens...
Self-Driving Cars Raise Questions About Who Carries Insurance
April 15, 2017
Billionaire investor Warren Buffett, whose company, Berkshire Hathaway, owns the insurance giant Geico, told CNBC in a February interview: "If the day comes when a significant portion of the cars on the road are autonomous, it will hurt Geico's business very significantly." That would seem to make sense. If humans aren't driving the cars, who needs a car insurance policy? "It's certainly a topic of heavy conversation right now," says Rick Gorvett, staff actuary for the Casualty Actuarial Society,...
April 15, 2017
Billionaire investor Warren Buffett, whose company, Berkshire Hathaway, owns the insurance giant Geico, told CNBC in a February interview: "If the day comes when a significant portion of the cars on the road are autonomous, it will hurt Geico's business very significantly." That would seem to make sense. If humans aren't driving the cars, who needs a car insurance policy? "It's certainly a topic of heavy conversation right now," says Rick Gorvett, staff actuary for the Casualty Actuarial Society,...
Three Habits You Can Use to Keep Yourself Healthy Physically and Mentally
April 15, 2017
You probably lead a very busy life. You work many hours and you may have family obligations and outside interests that fill your time. What you might not be doing is exercising. Not doing that may actually be harming you in the short and long term. You may feel you can’t afford the time to exercise but the reality is you can’t afford not to exercise. Maybe you should prioritize you in your schedule. Exercise is an investment in your body, health and life, not a cost...
April 15, 2017
You probably lead a very busy life. You work many hours and you may have family obligations and outside interests that fill your time. What you might not be doing is exercising. Not doing that may actually be harming you in the short and long term. You may feel you can’t afford the time to exercise but the reality is you can’t afford not to exercise. Maybe you should prioritize you in your schedule. Exercise is an investment in your body, health and life, not a cost...
The Artistic Side of Artificial Intelligence
April 15, 2017
Meet Patrick Tresset, a London-based artist. His art practice follows two main paths. On one hand, Tresset presents theatrical installations in which robotic agents are actors. He also crafts the computational systems driving the robots so that their behavior can be perceived as artistic, expressive and even obsessive. These systems are influenced by research into actual human behavior—more specifically, how humans make marks or draw, how humans depict other humans, how humans perceive artwork, and...
April 15, 2017
Meet Patrick Tresset, a London-based artist. His art practice follows two main paths. On one hand, Tresset presents theatrical installations in which robotic agents are actors. He also crafts the computational systems driving the robots so that their behavior can be perceived as artistic, expressive and even obsessive. These systems are influenced by research into actual human behavior—more specifically, how humans make marks or draw, how humans depict other humans, how humans perceive artwork, and...
2018 US News Dispute Resolution Rankings
April 14, 2017
As always, we post the USNews dispute resolution program specialty rankings here once they’re released, and this year is no different. This year Pepperdine reclaims the top spot from Ohio State. Pepperdine has been ranked number 1 for 12 of the last 13 years !!! 1 Pepperdine 2 Ohio State 3 Harvard and Missouri (tie) 5 Mitchell Hamline 6 Oregon 7 Marquette 8 Yeshiva (Cardozo) 9 UNLV 10 Arizona State 11 Northwestern 12 UC Hastings 13 Texas A&M 14 ...
April 14, 2017
As always, we post the USNews dispute resolution program specialty rankings here once they’re released, and this year is no different. This year Pepperdine reclaims the top spot from Ohio State. Pepperdine has been ranked number 1 for 12 of the last 13 years !!! 1 Pepperdine 2 Ohio State 3 Harvard and Missouri (tie) 5 Mitchell Hamline 6 Oregon 7 Marquette 8 Yeshiva (Cardozo) 9 UNLV 10 Arizona State 11 Northwestern 12 UC Hastings 13 Texas A&M 14 ...
U.S. DOJ’s Report on ADR Success
April 14, 2017
The United States Department of Justice, Office of Legal Policy's Office of Dispute Resolution released its "Fiscal Year 2016 Annual Report." The report shows the effects of alternative dispute resolution processes as reported by DOJ attorneys. Among the findings: DOJ attorneys estimate they avoided litigation expenses of more than $70 million; Settlements were better than the expected value of trial in 72% of settled cases; Additional benefits--such as the resolution of discovery...
April 14, 2017
The United States Department of Justice, Office of Legal Policy's Office of Dispute Resolution released its "Fiscal Year 2016 Annual Report." The report shows the effects of alternative dispute resolution processes as reported by DOJ attorneys. Among the findings: DOJ attorneys estimate they avoided litigation expenses of more than $70 million; Settlements were better than the expected value of trial in 72% of settled cases; Additional benefits--such as the resolution of discovery...
The Impact of Mandatory Arbitration on the Common Law Regulation of Standard Terms in Consumer Contracts
April 14, 2017
James P. Nehf, Professor of Law and Cleon H. Foust Fellow at Indiana University’s Robert H. McKinney School of Law, has published “The Impact of Mandatory Arbitration on the Common Law Regulation of Standard Terms in Consumer Contracts,” 85 Geo. Wash. Law Review (2017). In his research paper, Professor Nehf examines how mandatory arbitration provisions may affect the common law regulation of standard terms in consumer contracts in the future. Here is the abstract: The focus of this paper...
April 14, 2017
James P. Nehf, Professor of Law and Cleon H. Foust Fellow at Indiana University’s Robert H. McKinney School of Law, has published “The Impact of Mandatory Arbitration on the Common Law Regulation of Standard Terms in Consumer Contracts,” 85 Geo. Wash. Law Review (2017). In his research paper, Professor Nehf examines how mandatory arbitration provisions may affect the common law regulation of standard terms in consumer contracts in the future. Here is the abstract: The focus of this paper...
Too Much Information May Be Bad
April 13, 2017
Often in negotiating, a party may make a monetary demand without providing any reasoning behind it. I have often found that such a tactic does not work well because the other party will ask me “why”. She wants to know the reasoning behind the monetary demand. So- I return to the first party to learn the rationale behind the monetary demand and with permission, convey it to the requesting party. In short, it seems that people cannot negotiate in a vacuum. They want supporting information....
April 13, 2017
Often in negotiating, a party may make a monetary demand without providing any reasoning behind it. I have often found that such a tactic does not work well because the other party will ask me “why”. She wants to know the reasoning behind the monetary demand. So- I return to the first party to learn the rationale behind the monetary demand and with permission, convey it to the requesting party. In short, it seems that people cannot negotiate in a vacuum. They want supporting information....
