Blog Archives
Federal Case Filings by Selected Practice Areas During COVID-19
June 24, 2020
The COVID-19 situation affects practice areas in different ways. This chart compares filings of new federal district court cases by practice area.
June 24, 2020
The COVID-19 situation affects practice areas in different ways. This chart compares filings of new federal district court cases by practice area.
Lex Machina Launches the New Public-Facing COVID-19 Impact Analyzer App to Track the Impacts of COVID-19 on Federal Litigation
June 23, 2020
Lex Machina, a LexisNexis company, today announced a significant new addition to its product: The COVID-19 Impact Analyzer App (the “COVID App”). The COVID App provides data and analytics to understand the impact that COVID-19 has had and continues to have on federal district court litigation. In addition, a version of the COVID App will be made widely available to the public, in keeping with Lex Machina’s public interest origins. By launching the COVID App, Lex Machina allows individuals...
June 23, 2020
Lex Machina, a LexisNexis company, today announced a significant new addition to its product: The COVID-19 Impact Analyzer App (the “COVID App”). The COVID App provides data and analytics to understand the impact that COVID-19 has had and continues to have on federal district court litigation. In addition, a version of the COVID App will be made widely available to the public, in keeping with Lex Machina’s public interest origins. By launching the COVID App, Lex Machina allows individuals...
Post-Pandemic Drop in New Cases Sees Upturn
June 22, 2020
Last month, I reported on research into the impact of COVID-19 on law firms and clients, compiled by the practice management company Clio, based on anonymous data from its customers and from surveys of lawyers and consumers. While that research found that the pandemic had caused a sharp drop in new legal matters coming to law firms, new data out today from Clio shows signs that the legal market is recovering, with a spike of new matters through the first week of June...
June 22, 2020
Last month, I reported on research into the impact of COVID-19 on law firms and clients, compiled by the practice management company Clio, based on anonymous data from its customers and from surveys of lawyers and consumers. While that research found that the pandemic had caused a sharp drop in new legal matters coming to law firms, new data out today from Clio shows signs that the legal market is recovering, with a spike of new matters through the first week of June...
Rethinking Nudge: An Information-Costs Theory of Default Rules
June 21, 2020
Policymakers and scholars — both lawyers and economists — have long been pondering the optimal design of default rules. From the classic works on “mimicking” defaults for contracts and corporations to the modern rush to set “sticky” default rules to promote policies as diverse as organ donations, retirement savings, consumer protection, and data privacy, the optimal design of default rules has featured as a central regulatory challenge. The key element driving the design is opt-out costs...
June 21, 2020
Policymakers and scholars — both lawyers and economists — have long been pondering the optimal design of default rules. From the classic works on “mimicking” defaults for contracts and corporations to the modern rush to set “sticky” default rules to promote policies as diverse as organ donations, retirement savings, consumer protection, and data privacy, the optimal design of default rules has featured as a central regulatory challenge. The key element driving the design is opt-out costs...
Algorithmic Decision Making & the Legal Requirement to Explain a Decision
June 20, 2020
Henrik Palmer Olsen (University of Copenhagen - iCourts - Centre of Excellence for International Courts), Jacob Livingston Slosser (University of Copenhagen - iCourts - Centre of Excellence for International Courts), & Thomas Troels Hildebrandt (Software, Data, People & Society) have posted What’s in the Box? The Legal Requirement to Explain Computationally Aided Decision-Making in Public Administration (Constitutional Challenges in the Algorithmic Society. OUP, 2020) on SSRN. ...
June 20, 2020
Henrik Palmer Olsen (University of Copenhagen - iCourts - Centre of Excellence for International Courts), Jacob Livingston Slosser (University of Copenhagen - iCourts - Centre of Excellence for International Courts), & Thomas Troels Hildebrandt (Software, Data, People & Society) have posted What’s in the Box? The Legal Requirement to Explain Computationally Aided Decision-Making in Public Administration (Constitutional Challenges in the Algorithmic Society. OUP, 2020) on SSRN. ...
Agreements Not to Challenge Remote Arbitration Awards
June 19, 2020
Due to unprecedented health and safety risks, more clients and attorneys are turning to online dispute resolution (“ODR”) to resolve their disputes. The rapid shift toward remote proceedings creates uncertainty, as new legal issues will arise out of the unique circumstances. Potential uncertainty does not need to put disputes on hold, however, as there are ways to mitigate and avoid risk that allow disputes to confidently move forward. For remote arbitration proceedings, it is recommended...
June 19, 2020
Due to unprecedented health and safety risks, more clients and attorneys are turning to online dispute resolution (“ODR”) to resolve their disputes. The rapid shift toward remote proceedings creates uncertainty, as new legal issues will arise out of the unique circumstances. Potential uncertainty does not need to put disputes on hold, however, as there are ways to mitigate and avoid risk that allow disputes to confidently move forward. For remote arbitration proceedings, it is recommended...
Korobkin on Behavioral Ethics & Negotiation
June 18, 2020
Russell B. Korobkin (UCLA School of Law) has posted Behavioral Ethics, Deception, and Legal Negotiation on SSRN. Here is the abstract: Research in the field of behavioral ethics finds that much unethical behavior is not the result of conscious amorality. Rather, cognitive and motivational biases enable and even encourage people who consider themselves to be pro-social to act badly without ever recognizing the shortcomings of their behavior. This Article, delivered as the annual...
June 18, 2020
Russell B. Korobkin (UCLA School of Law) has posted Behavioral Ethics, Deception, and Legal Negotiation on SSRN. Here is the abstract: Research in the field of behavioral ethics finds that much unethical behavior is not the result of conscious amorality. Rather, cognitive and motivational biases enable and even encourage people who consider themselves to be pro-social to act badly without ever recognizing the shortcomings of their behavior. This Article, delivered as the annual...
How Video Mediation Can Help Us Serve Clients Better
June 17, 2020
That's because online video mediation has taken on a life of its own — and because it's here to stay. It is a different organism than in-person mediation. It no longer makes sense to evaluate one by the standards of the other. Online mediation needs to be evaluated on its own merits. We've faced technological transitions before — and benefited each time. A phone call is different from an in-person conversation; a TV show is different from a radio show; a movie is different from a play. We cannot...
June 17, 2020
That's because online video mediation has taken on a life of its own — and because it's here to stay. It is a different organism than in-person mediation. It no longer makes sense to evaluate one by the standards of the other. Online mediation needs to be evaluated on its own merits. We've faced technological transitions before — and benefited each time. A phone call is different from an in-person conversation; a TV show is different from a radio show; a movie is different from a play. We cannot...
TexasBar: Advanced Intellectual Property Litigation (Mediation Panel)
June 16, 2020
Help Us Help You: Resolving IP Casesin Mediation 1 hr (.25 ethics) COVID forced this course online, but what a joy and honor to work with this great panel - we recorded it yesterday. Our outstanding faculty of speakers have been chosen to bring you the latest trends and issues in intellectual property law. ModeratorMegan Hoyt, DallasRegional Outreach OfficerUnited States Patent & Trademark Office PanelistsHon. Jeff Kaplan, DallasMagistrate Judge (Ret.), U.S. DistrictCourt, Northern...
June 16, 2020
Help Us Help You: Resolving IP Casesin Mediation 1 hr (.25 ethics) COVID forced this course online, but what a joy and honor to work with this great panel - we recorded it yesterday. Our outstanding faculty of speakers have been chosen to bring you the latest trends and issues in intellectual property law. ModeratorMegan Hoyt, DallasRegional Outreach OfficerUnited States Patent & Trademark Office PanelistsHon. Jeff Kaplan, DallasMagistrate Judge (Ret.), U.S. DistrictCourt, Northern...
Virtual Meetings Don’t Have to Be a Bore
June 15, 2020
Typically, when we look at a screen, we do so passively, sinking into the couch to watch our favorite TV show or listen to a webinar or how-to video. But when you’re facilitating an online meeting, you have to adopt an engaged, active persona in an environment that doesn’t necessarily lend itself to that. There are a number of little things you can do to create warmth virtually. For starters, make “eye contact” with your participants by looking directly into the camera as often as possible....
June 15, 2020
Typically, when we look at a screen, we do so passively, sinking into the couch to watch our favorite TV show or listen to a webinar or how-to video. But when you’re facilitating an online meeting, you have to adopt an engaged, active persona in an environment that doesn’t necessarily lend itself to that. There are a number of little things you can do to create warmth virtually. For starters, make “eye contact” with your participants by looking directly into the camera as often as possible....
