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Historical Basis of Securities Arbitration as an Investor Protection Mechanism
April 15, 2016
Jill Gross, Professor of Law at Pace Law School, has published “The Historical Basis of Securities Arbitration as an Investor Protection Mechanism,” Journal of Dispute Resolution, Forthcoming. In her scholarly work,Professor Gross examines securities arbitration from an historical perspective. Here is the abstract: This article explores the history of arbitration in the securities industry, focusing on the right of customers to demand arbitration of broker-dealer disputes. The article argues...
April 15, 2016
Jill Gross, Professor of Law at Pace Law School, has published “The Historical Basis of Securities Arbitration as an Investor Protection Mechanism,” Journal of Dispute Resolution, Forthcoming. In her scholarly work,Professor Gross examines securities arbitration from an historical perspective. Here is the abstract: This article explores the history of arbitration in the securities industry, focusing on the right of customers to demand arbitration of broker-dealer disputes. The article argues...
Science Explains Why Even The Best Athletes Mess Up
April 14, 2016
How does Steph Curry, the NBA’s most dominant point guard, still miss a three-pointer? A recent study in the journal NEURON may shed some light on how individuals make errors even after thousands of reps. A study by Duke University neurobiologist Stephen Lisberger analyzed electrical activity in monkeys’ brain cells while the subjects watched a dot move across a computer screen. The study found that when a monkey’s neuron misfired while tracking, neighboring neurons also misfired. Sometimes...
April 14, 2016
How does Steph Curry, the NBA’s most dominant point guard, still miss a three-pointer? A recent study in the journal NEURON may shed some light on how individuals make errors even after thousands of reps. A study by Duke University neurobiologist Stephen Lisberger analyzed electrical activity in monkeys’ brain cells while the subjects watched a dot move across a computer screen. The study found that when a monkey’s neuron misfired while tracking, neighboring neurons also misfired. Sometimes...
Financial Incentive for Arbitrators to Make Timely Decisions
April 14, 2016
A party’s selection of arbitrator is a critical, strategic decision in international arbitration. Presumably, this new policy...
April 14, 2016
A party’s selection of arbitrator is a critical, strategic decision in international arbitration. Presumably, this new policy...
Patent Litigation Bounced Back, Migrated to Texas in 2015
April 14, 2016
The number of patent cases filed in federal court jumped up in 2015, and the Eastern District of Texas emerged as the single...
April 14, 2016
The number of patent cases filed in federal court jumped up in 2015, and the Eastern District of Texas emerged as the single...
Information Avoidance
April 13, 2016
We commonly think of information as a means to an end. However, a growing theoretical and experimental literature suggests that information may directly enter the agent’s utility function. This can create an incentive to avoid information, even when it is useful, free, and independent of strategic considerations. We review research documenting the occurrence of information avoidance as well as theoretical and empirical research on reasons for why people avoid information, drawing from economics,...
April 13, 2016
We commonly think of information as a means to an end. However, a growing theoretical and experimental literature suggests that information may directly enter the agent’s utility function. This can create an incentive to avoid information, even when it is useful, free, and independent of strategic considerations. We review research documenting the occurrence of information avoidance as well as theoretical and empirical research on reasons for why people avoid information, drawing from economics,...
NLRB, Fifth Circuit Continue Disagreement Regarding Class Arbitration Waivers
April 13, 2016
In early February, the National Labor Relations Board (“NLRB”) once again ruled that a class action waiver included in a mandatory arbitration agreement workers were required to sign as a condition of employment violated federal law. In Waffle House, Inc. and Carrie Harris, No. 10–CA–121178, a divided three-member panel found that the arbitral provision at issue violated the National Labor Relations Act. According to the Board, By maintaining a mandatory arbitration agreement that requires...
April 13, 2016
In early February, the National Labor Relations Board (“NLRB”) once again ruled that a class action waiver included in a mandatory arbitration agreement workers were required to sign as a condition of employment violated federal law. In Waffle House, Inc. and Carrie Harris, No. 10–CA–121178, a divided three-member panel found that the arbitral provision at issue violated the National Labor Relations Act. According to the Board, By maintaining a mandatory arbitration agreement that requires...
2015 Reports on Federal Courts Caseload and AO Activities Released
April 13, 2016
Caseload Highlights U.S. Courts of Appeals In the regional courts of appeals, filings dropped 4 percent to 52,698. Appeals...
April 13, 2016
Caseload Highlights U.S. Courts of Appeals In the regional courts of appeals, filings dropped 4 percent to 52,698. Appeals...
Is Competition Really the Opposite of Cooperation?
April 12, 2016
In any negotiation training class, the concepts of “distributive “bargaining and “integrative” bargaining are invariably...
April 12, 2016
In any negotiation training class, the concepts of “distributive “bargaining and “integrative” bargaining are invariably...
42 Essential iPad Apps for Trial Lawyers
April 12, 2016
Settlement Apps Picture It Settled (free). Most cases never make it to trial, of course. If you are trying to reach a settlement but unable to come to terms, this app might help. The app helps litigants analyze their positions and develop a successful negotiation strategy. Using data harvested from thousands of cases, it predicts when you will be able to settle and for what amount.
April 12, 2016
Settlement Apps Picture It Settled (free). Most cases never make it to trial, of course. If you are trying to reach a settlement but unable to come to terms, this app might help. The app helps litigants analyze their positions and develop a successful negotiation strategy. Using data harvested from thousands of cases, it predicts when you will be able to settle and for what amount.
42 Essential iPad Apps for Trial Lawyers
April 12, 2016
For many trial lawyers, the iPad has become an essential accoutrement. It is used in discovery, depositions, research, jury...
April 12, 2016
For many trial lawyers, the iPad has become an essential accoutrement. It is used in discovery, depositions, research, jury...
