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Fifth Circuit Affirms Order Denying Motion to Compel Arbitration in Employee Pension Plan Dispute
February 2, 2017
The United States Court of Appeals for the Fifth Circuit has issued an unpublished opinion stating an accounting firm may not compel a group of hospital workers’ claims over an allegedly underfunded pension plan to arbitration. In Jones v. Singing River Health Servs. Found., et al., No. 16-60263 (5th Cir., January 5, 2017), an accounting firm, KPMG, performed a multiyear financial audit for an employee pension plan sponsored by a hospital, Singing River Health Services (“SRHS”). Prior to performing...
February 2, 2017
The United States Court of Appeals for the Fifth Circuit has issued an unpublished opinion stating an accounting firm may not compel a group of hospital workers’ claims over an allegedly underfunded pension plan to arbitration. In Jones v. Singing River Health Servs. Found., et al., No. 16-60263 (5th Cir., January 5, 2017), an accounting firm, KPMG, performed a multiyear financial audit for an employee pension plan sponsored by a hospital, Singing River Health Services (“SRHS”). Prior to performing...
The Future of Artificial Intelligence
February 1, 2017
In the 1960s, most research on computers centered on how to ease daily tasks, but RAND was also exploring how to develop...
February 1, 2017
In the 1960s, most research on computers centered on how to ease daily tasks, but RAND was also exploring how to develop...
Big Data Gets Bigger: 5 Ways to Employ Legal Analytics
February 1, 2017
Technology advances in both law and the wider world will mean greater reliance on analytics in legal technology. Big data is just getting, well, bigger. And while legal technology’s progress has been slow in relation to technology changes in the wider world, legal professionals are increasingly turning to one technique to handle emerging big data challenges of the day. That approach is data analytics—a practice in which data is extracted for categorization and analysis by a variety of techniques...
February 1, 2017
Technology advances in both law and the wider world will mean greater reliance on analytics in legal technology. Big data is just getting, well, bigger. And while legal technology’s progress has been slow in relation to technology changes in the wider world, legal professionals are increasingly turning to one technique to handle emerging big data challenges of the day. That approach is data analytics—a practice in which data is extracted for categorization and analysis by a variety of techniques...
How Service, Not Tech, Is Disrupting Legal
February 1, 2017
Service (getservice.com) is my favorite new company. In fact, my experience using Service was so positive that it has impacted the way I’m thinking about legal disruption — and Service isn’t even a legal tech company per se. But before I explain the broader implications, first a word on Service. So, as the annual Legaltech show in New York approaches (which, this year, has rebranded as Legalweek), some of the companies I’m following most closely are tech enabled service companies...
February 1, 2017
Service (getservice.com) is my favorite new company. In fact, my experience using Service was so positive that it has impacted the way I’m thinking about legal disruption — and Service isn’t even a legal tech company per se. But before I explain the broader implications, first a word on Service. So, as the annual Legaltech show in New York approaches (which, this year, has rebranded as Legalweek), some of the companies I’m following most closely are tech enabled service companies...
Why Do We Respond to a Concession with Another Concession? Reciprocity and Compromise
January 31, 2017
All negotiation processes involve an exchange of concessions, and compromise is an agreement based on mutual concessions. Hence the questions investigated in this article: Why are concessions in negotiations always reciprocal? Why do negotiators follow this rule? And why do negotiators achieve these concessions through a process that we call compromise? Is there a connection between conceding and promising? In this article, I examine the structure of concession making and compromise through sociological,...
January 31, 2017
All negotiation processes involve an exchange of concessions, and compromise is an agreement based on mutual concessions. Hence the questions investigated in this article: Why are concessions in negotiations always reciprocal? Why do negotiators follow this rule? And why do negotiators achieve these concessions through a process that we call compromise? Is there a connection between conceding and promising? In this article, I examine the structure of concession making and compromise through sociological,...
Medical Malpractice Arbitration: Not Business As Usual
January 31, 2017
There is an interesting exception to businesses’, employers’, and service providers’ seemingly universal embrace of arbitration processes, particularly mandatory pre-dispute arbitration. Although it may be difficult to believe given arbitration’s current popularity, not everyone requires his or her clients to sign mandatory pre-dispute arbitration agreements. In fact, some service providers prefer to avoid arbitration regardless of whether it is arranged pre- or post-dispute. So which merchants...
January 31, 2017
There is an interesting exception to businesses’, employers’, and service providers’ seemingly universal embrace of arbitration processes, particularly mandatory pre-dispute arbitration. Although it may be difficult to believe given arbitration’s current popularity, not everyone requires his or her clients to sign mandatory pre-dispute arbitration agreements. In fact, some service providers prefer to avoid arbitration regardless of whether it is arranged pre- or post-dispute. So which merchants...
Artificial Intelligence: The APEX Technology of the Information Age
January 31, 2017
Artificial intelligence – the science of teaching computers to think like humans – could reshape the global economy by making both capital investments and labor costs more efficient. That would provide a meaningful boost to productivity growth, which has stagnated since the internet boom of the 1990s. Heath Terry of Goldman Sachs Research discusses the technology’s most promising uses, the industries set to take advantage and how widespread adoption might impact the labor market.
January 31, 2017
Artificial intelligence – the science of teaching computers to think like humans – could reshape the global economy by making both capital investments and labor costs more efficient. That would provide a meaningful boost to productivity growth, which has stagnated since the internet boom of the 1990s. Heath Terry of Goldman Sachs Research discusses the technology’s most promising uses, the industries set to take advantage and how widespread adoption might impact the labor market.
Managing Litigation and Benchmarking Through Big Data
January 30, 2017
Predictive Modeling—the Next Frontier All of the approaches above are important and possible based on technology and services currently available, but legal departments also need to be looking to what's next: Using data to make predictions about how a matter is going to progress and its eventual outcome. Predictive modeling can provide significant benefits for assessing the likely length, costs and outcome of lawsuits filed against a company, as well as what to expect in the deposition and discovery...
January 30, 2017
Predictive Modeling—the Next Frontier All of the approaches above are important and possible based on technology and services currently available, but legal departments also need to be looking to what's next: Using data to make predictions about how a matter is going to progress and its eventual outcome. Predictive modeling can provide significant benefits for assessing the likely length, costs and outcome of lawsuits filed against a company, as well as what to expect in the deposition and discovery...
The Defining Tech Trends of the Next Decade
January 30, 2017
As innovation and capital converge, technologies with life-changing potential can emerge over time. In this video, we asked some of the attendees of Goldman Sachs’ sixth annual Private Internet Company Conference about the technology trends that will define the way we live and work in the next decade. The video features: Jennifer Tejada, CEO, PagerDuty Rob Solomon, Chairman and CEO, GoFundMe Chris Altchek, Co-Founder and CEO, Mic Lise Buyer, Founder, Class V Group Ryan Nolan, Investment...
January 30, 2017
As innovation and capital converge, technologies with life-changing potential can emerge over time. In this video, we asked some of the attendees of Goldman Sachs’ sixth annual Private Internet Company Conference about the technology trends that will define the way we live and work in the next decade. The video features: Jennifer Tejada, CEO, PagerDuty Rob Solomon, Chairman and CEO, GoFundMe Chris Altchek, Co-Founder and CEO, Mic Lise Buyer, Founder, Class V Group Ryan Nolan, Investment...
The Past and Future Challenges of Negotiation Theory
January 30, 2017
As part of a symposium looking back on thirty years in the field of dispute resolution, this essay examines the past and future challenges of negotiation theory. The last thirty years in particular provide an important lens on the explosion of dispute resolution and negotiation in law and business school curricula. Furthermore, this analysis will help situate us for the challenges of the next thirty years. If negotiation is to continue to expand its reach, becoming both more useful and insightful,...
January 30, 2017
As part of a symposium looking back on thirty years in the field of dispute resolution, this essay examines the past and future challenges of negotiation theory. The last thirty years in particular provide an important lens on the explosion of dispute resolution and negotiation in law and business school curricula. Furthermore, this analysis will help situate us for the challenges of the next thirty years. If negotiation is to continue to expand its reach, becoming both more useful and insightful,...
