Blog Archives
Zoom Courts Will Stick Around as Virus Forces Seismic Change
August 4, 2020
Courts forced to accelerate years of innovation into weeks may never go back to how they did business before the pandemic, according to interviews with more than 30 state and federal judges, lawyers and court staff in 16 U.S. states and the District of Columbia. The embrace of technology is a revolution for many courts that have historically resisted it. “We’re going to be doing court business remotely forever,” said Nathan Hecht, chief justice of the Texas Supreme Court and co-chair of the National...
August 4, 2020
Courts forced to accelerate years of innovation into weeks may never go back to how they did business before the pandemic, according to interviews with more than 30 state and federal judges, lawyers and court staff in 16 U.S. states and the District of Columbia. The embrace of technology is a revolution for many courts that have historically resisted it. “We’re going to be doing court business remotely forever,” said Nathan Hecht, chief justice of the Texas Supreme Court and co-chair of the National...
Essential Steps to Tackle Backlog and Prepare for a Surge in New Cases
August 3, 2020
A recent webinar conducted by the National Center for State Courts (“NCSC”) titled “Essential Steps to Tackle Backlog and Prepare for a Surge in New Cases” is now available for viewing online. The webinar features useful advice for court officials provided by Jennifer Bailey, Administrative Judge of the Civil Division of the 11th Judicial Circuit Court of Florida in Miami, and Gregory Sakall, Presiding Judge of the Family Division of the Superior Court in Pima County,...
August 3, 2020
A recent webinar conducted by the National Center for State Courts (“NCSC”) titled “Essential Steps to Tackle Backlog and Prepare for a Surge in New Cases” is now available for viewing online. The webinar features useful advice for court officials provided by Jennifer Bailey, Administrative Judge of the Civil Division of the 11th Judicial Circuit Court of Florida in Miami, and Gregory Sakall, Presiding Judge of the Family Division of the Superior Court in Pima County,...
Is The Pandemic Ushering In A New Normal For The Legal Profession?
August 2, 2020
For example, videoconferencing is widely believed to be one of the COVID-19 trends that will be most likely to stick once the pandemic is over. Lawyers have adopted to Zoom like fish take to water, in part because the convenience and cost savings of videoconferencing are highly appealing. That’s why, according to Texas Supreme Court Chief Justice Nathan L. Hecht, videoconferencing is here to stay: Hecht, who is also president of the Conference of Chief Justices, expresses confidence videostreaming...
August 2, 2020
For example, videoconferencing is widely believed to be one of the COVID-19 trends that will be most likely to stick once the pandemic is over. Lawyers have adopted to Zoom like fish take to water, in part because the convenience and cost savings of videoconferencing are highly appealing. That’s why, according to Texas Supreme Court Chief Justice Nathan L. Hecht, videoconferencing is here to stay: Hecht, who is also president of the Conference of Chief Justices, expresses confidence videostreaming...
The London Chamber of Arbitration and Mediation
August 1, 2020
On 26 May 2020, the London Chamber of Commerce and Industry (LCCI), a networking and business support organisation that caters to the London business community, launched the London Chamber of Arbitration and Mediation (LCAM). The LCAM is a new organisation offering arbitration, expedited arbitration and mediation services. This post will explore selected features of the LCAM’s Arbitration Rules and Expedited Arbitration Rules. It will also examine the LCAM...
August 1, 2020
On 26 May 2020, the London Chamber of Commerce and Industry (LCCI), a networking and business support organisation that caters to the London business community, launched the London Chamber of Arbitration and Mediation (LCAM). The LCAM is a new organisation offering arbitration, expedited arbitration and mediation services. This post will explore selected features of the LCAM’s Arbitration Rules and Expedited Arbitration Rules. It will also examine the LCAM...
Use and Abuse of Bargaining Models in Antitrust
July 31, 2020
Bargaining is all around us. Bargaining is how prices are set across a range of economic activities such as between licensors and licensees of intellectual property, employees and employers, content providers and distributors, health insurers and hospitals, and in many intermediate product markets. Recently, bargaining has played a central role in a number of high-profile antitrust matters. In 2018, the U.S. Department of Justice challenged AT&T’s acquisition of Time Warner — largely on the basis...
July 31, 2020
Bargaining is all around us. Bargaining is how prices are set across a range of economic activities such as between licensors and licensees of intellectual property, employees and employers, content providers and distributors, health insurers and hospitals, and in many intermediate product markets. Recently, bargaining has played a central role in a number of high-profile antitrust matters. In 2018, the U.S. Department of Justice challenged AT&T’s acquisition of Time Warner — largely on the basis...
In Search of Master Negotiators: A Negotiation Competency Model
July 30, 2020
Over the last four decades, the field of negotiation has become a fully recognized academic discipline around the world and negotiation courses and competitions have become increasingly popular. Although it is believed that negotiators may be trained and that negotiation is a skill that can be taught and evaluated, the question of how to assess negotiation performance systematically and comprehensively remains largely unanswered. This article proposes a negotiation competency model for evaluating...
July 30, 2020
Over the last four decades, the field of negotiation has become a fully recognized academic discipline around the world and negotiation courses and competitions have become increasingly popular. Although it is believed that negotiators may be trained and that negotiation is a skill that can be taught and evaluated, the question of how to assess negotiation performance systematically and comprehensively remains largely unanswered. This article proposes a negotiation competency model for evaluating...
The Meaning of Intuition for the Negotiation Process and Outcome
July 28, 2020
Intuition is a useful tool for negotiators, as negotiations are often highly complex endeavors in which people make holistic judgments with incomplete information and no time for deliberation. Therefore, one might expect that intuition greatly influences negotiations and their outcomes and that negotiators would use intuition to their advantage. However, there is almost no systematic research into the meaning of intuition for negotiation. In this conceptual paper, drawing on five interviews of experienced...
July 28, 2020
Intuition is a useful tool for negotiators, as negotiations are often highly complex endeavors in which people make holistic judgments with incomplete information and no time for deliberation. Therefore, one might expect that intuition greatly influences negotiations and their outcomes and that negotiators would use intuition to their advantage. However, there is almost no systematic research into the meaning of intuition for negotiation. In this conceptual paper, drawing on five interviews of experienced...
Does A Texas Estate Need To Be Represented By A Licensed Attorney?
July 27, 2020
A Texas estate is required to be represented by a licensed attorney, because an estate executor represents the interests of third parties, not just personal interests. Rule 7 of the Texas Rules of Civil Procedure allows a pray the right to self-representation and states: "Any party to a suit may appear and prosecute or defend his rights therein, either in person or by an attorney of the court." In Kankonde v. Mankan, the Court of Appeals of Texas, Eighth District, confirmed that...
July 27, 2020
A Texas estate is required to be represented by a licensed attorney, because an estate executor represents the interests of third parties, not just personal interests. Rule 7 of the Texas Rules of Civil Procedure allows a pray the right to self-representation and states: "Any party to a suit may appear and prosecute or defend his rights therein, either in person or by an attorney of the court." In Kankonde v. Mankan, the Court of Appeals of Texas, Eighth District, confirmed that...
Less Certainty, More Inquiry
July 26, 2020
On its face, “The Biggest Bluff” is a book that seeks to answer this question by focusing on the author’s own unusual quest to succeed in the world of high-stakes poker — specifically, No Limit Texas Hold‘em — a game Konnikova argues is the perfect distillation of our probabilistic universe, with all its combination of knowns and unknowns. Two “hole” cards are placed face down before each player, five cards are seen by everyone as the game progresses. What follows are four “streets,”...
July 26, 2020
On its face, “The Biggest Bluff” is a book that seeks to answer this question by focusing on the author’s own unusual quest to succeed in the world of high-stakes poker — specifically, No Limit Texas Hold‘em — a game Konnikova argues is the perfect distillation of our probabilistic universe, with all its combination of knowns and unknowns. Two “hole” cards are placed face down before each player, five cards are seen by everyone as the game progresses. What follows are four “streets,”...
Am Law 100 Firm Launches ‘Work-From-Anywhere’ Virtual Office
July 25, 2020
We don’t see this as work-from-home. We see this as work-from-anywhere. It’s very liberating. You don’t have to live near a physical office location or in a city where there is a physical office location. You have the freedom to live where you want to be. We are enabling people to organize their work around their life rather than their life around their work. And at the end of the day, those people are going to be more happy and more successful.
July 25, 2020
We don’t see this as work-from-home. We see this as work-from-anywhere. It’s very liberating. You don’t have to live near a physical office location or in a city where there is a physical office location. You have the freedom to live where you want to be. We are enabling people to organize their work around their life rather than their life around their work. And at the end of the day, those people are going to be more happy and more successful.
