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BATNAs in Negotiation: Common Errors and Three Kinds of ‘No’
April 3, 2017
The best alternative to a negotiated agreement (“BATNA”) concept in negotiation has proven to be immensely useful. In tandem with its value in practice, BATNA has become a wildly successful acronym (with more than14 million Google results). But the initial characterization of this concept in Getting to Yes (Fisher, Ury, and Patton 1991) as well as many later interpretations can be problematic, limiting, and even misleading in several ways, which this article analyzes and illustrates. First, early...
April 3, 2017
The best alternative to a negotiated agreement (“BATNA”) concept in negotiation has proven to be immensely useful. In tandem with its value in practice, BATNA has become a wildly successful acronym (with more than14 million Google results). But the initial characterization of this concept in Getting to Yes (Fisher, Ury, and Patton 1991) as well as many later interpretations can be problematic, limiting, and even misleading in several ways, which this article analyzes and illustrates. First, early...
An Arbitration Agreement That Attempts to Skew a Statutory Arbitration Scheme Is Void
April 3, 2017
Federal public policy favors arbitration and the broad interpretation and enforcement of arbitration agreements. So how can an arbitration agreement be held by a court to be void as against public policy? One answer from a state court (in circumstances where the Federal Arbitration Act did not apply) is that toying with a statutory arbitration scheme could do the trick. In Hernandez v. Crespo, No. SC15-67, 2016 Fla. LEXIS 2718 (Fla. Dec. 22, 2016), the Supreme Court of Florida held that a physician-patient...
April 3, 2017
Federal public policy favors arbitration and the broad interpretation and enforcement of arbitration agreements. So how can an arbitration agreement be held by a court to be void as against public policy? One answer from a state court (in circumstances where the Federal Arbitration Act did not apply) is that toying with a statutory arbitration scheme could do the trick. In Hernandez v. Crespo, No. SC15-67, 2016 Fla. LEXIS 2718 (Fla. Dec. 22, 2016), the Supreme Court of Florida held that a physician-patient...
Wolters Kluwer Real Rate Report Shows Law Firm Rates Rising at the Fastest Pace Since the 2008 Recession
April 2, 2017
Wolters Kluwer’s ELM Solutions has released its 2016 Real Rate Report. The report contains new information that the firm...
April 2, 2017
Wolters Kluwer’s ELM Solutions has released its 2016 Real Rate Report. The report contains new information that the firm...
The Robot Lawyers Are Coming (to Help, Not to Take Your Jobs)
April 2, 2017
There is no such thing as robot lawyers, and even if there were, they are not coming to take jobs away from human lawyers. Instead, lawyers should think about how best to work with and harness the potential of software and artificial intelligence to propel their practices forward while bridging the access-to-justice gap. Those were the main takeaways in a wide-ranging Friday morning panel discussion at ABA Techshow featuring Ross Intelligence CEO Andrew Arruda, IBM Global Chief Information...
April 2, 2017
There is no such thing as robot lawyers, and even if there were, they are not coming to take jobs away from human lawyers. Instead, lawyers should think about how best to work with and harness the potential of software and artificial intelligence to propel their practices forward while bridging the access-to-justice gap. Those were the main takeaways in a wide-ranging Friday morning panel discussion at ABA Techshow featuring Ross Intelligence CEO Andrew Arruda, IBM Global Chief Information...
Wolters Kluwer Brings Machine Learning to Legal Invoice Analysis
April 2, 2017
Corporate legal departments and insurance claims organizations that receive large numbers of outside-counsel invoices now have a new tool available to them to help review invoices and ensure that they accurately and consistently adhere to billing guidelines. Wolters Kluwer ELM Solutions today launched LegalVIEW BillAnalyzer, a service that combines machine learning and other advanced technologies with human expertise to help ensure compliance with billing guidelines and achieve savings in legal...
April 2, 2017
Corporate legal departments and insurance claims organizations that receive large numbers of outside-counsel invoices now have a new tool available to them to help review invoices and ensure that they accurately and consistently adhere to billing guidelines. Wolters Kluwer ELM Solutions today launched LegalVIEW BillAnalyzer, a service that combines machine learning and other advanced technologies with human expertise to help ensure compliance with billing guidelines and achieve savings in legal...
Review: AT&T Umlimited Data
April 1, 2017
For many years, my iPhone had been on an AT&T data plan where I got 4GB of data a month, and my wife had 2GB/month. Most of the time, that was sufficient for us. But for the last few months, there have been times when we have gone over, especially when traveling and away from Wi-Fi. Every additional 1GB cost another $10, and I got tired of paying that. Thus, I recently switched to one of AT&T's brand new unlimited data plans. The price of the new plan was not much more than my old plan,...
April 1, 2017
For many years, my iPhone had been on an AT&T data plan where I got 4GB of data a month, and my wife had 2GB/month. Most of the time, that was sufficient for us. But for the last few months, there have been times when we have gone over, especially when traveling and away from Wi-Fi. Every additional 1GB cost another $10, and I got tired of paying that. Thus, I recently switched to one of AT&T's brand new unlimited data plans. The price of the new plan was not much more than my old plan,...
ABA Committee Says Civil Justice System is Broken
April 1, 2017
The civil courts, according to Texas Supreme Court Chief Justice Wallace B. Jefferson, have been “taken over by institutional interests — the debt collectors and the landlords — and that has had a profound effect. It has taken over the docket and there is no room for the kinds of disputes that common people have.” That sentiment was echoed by Hannah Lieberman, an associate dean for the David A. Clarke School of Law at the University of the District of Columbia, who said the system is in dire...
April 1, 2017
The civil courts, according to Texas Supreme Court Chief Justice Wallace B. Jefferson, have been “taken over by institutional interests — the debt collectors and the landlords — and that has had a profound effect. It has taken over the docket and there is no room for the kinds of disputes that common people have.” That sentiment was echoed by Hannah Lieberman, an associate dean for the David A. Clarke School of Law at the University of the District of Columbia, who said the system is in dire...
Google’s DeepMind AI Learns Like a Human
April 1, 2017
Taking inspiration from neuroscience-based theories, Google’s DeepMind researchers have developed an AI that learns like a human. Deep neural networks, computer systems modelled on the human brain and nervous system, forget skills and knowledge they have learnt in the past when presented with a new task, known as ‘catastrophic forgetting’.
April 1, 2017
Taking inspiration from neuroscience-based theories, Google’s DeepMind researchers have developed an AI that learns like a human. Deep neural networks, computer systems modelled on the human brain and nervous system, forget skills and knowledge they have learnt in the past when presented with a new task, known as ‘catastrophic forgetting’.
Send and Request Money In Gmail App
March 31, 2017
You can already reliably and safely share photos and files on the go with Gmail. Starting today, you can share money, too. Whether you’re splitting a dinner bill or planning a group trip, you now have a fee-free way to work out the details and settle up without ever leaving the Gmail app on Android, just like you can already do on the web. Plus, you can exchange money with anyone—not just people with Gmail addresses. Sending money in Gmail is as easy as sending any other attachment. Just...
March 31, 2017
You can already reliably and safely share photos and files on the go with Gmail. Starting today, you can share money, too. Whether you’re splitting a dinner bill or planning a group trip, you now have a fee-free way to work out the details and settle up without ever leaving the Gmail app on Android, just like you can already do on the web. Plus, you can exchange money with anyone—not just people with Gmail addresses. Sending money in Gmail is as easy as sending any other attachment. Just...
Pepperdine Is #1 In ADR, #5 In Practical Training
March 31, 2017
For the twelfth time in thirteen years, Pepperdine Law School's Straus Institute has been ranked the #1 dispute resolution program in the country by U.S. News & World Report. Congratulations to Tom Stipanowich and his faculty and staff colleagues for this well deserved recognition of the amazing academic programs and training and conferences they offer. Congratulations to Jeff Baker, Tom Stipanowich and their faculty and staff colleagues for delivering such a wide array of experiential...
March 31, 2017
For the twelfth time in thirteen years, Pepperdine Law School's Straus Institute has been ranked the #1 dispute resolution program in the country by U.S. News & World Report. Congratulations to Tom Stipanowich and his faculty and staff colleagues for this well deserved recognition of the amazing academic programs and training and conferences they offer. Congratulations to Jeff Baker, Tom Stipanowich and their faculty and staff colleagues for delivering such a wide array of experiential...
