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Building Rapport for Better Negotiation Outcomes
June 6, 2015
Emotional Intelligence (EI) has become an increasingly important topic in the workplace, as it is critical in interpersonal relationships and social interactions. By definition, EI is a person’s ability to identify, understand, and manage their own emotions, but it also encompasses the ability to understand others’ emotions and empathize with them. It should come as no surprise that EI has the potential to be a beneficial skill in negotiation and mediation. Past research has suggested that...
June 6, 2015
Emotional Intelligence (EI) has become an increasingly important topic in the workplace, as it is critical in interpersonal relationships and social interactions. By definition, EI is a person’s ability to identify, understand, and manage their own emotions, but it also encompasses the ability to understand others’ emotions and empathize with them. It should come as no surprise that EI has the potential to be a beneficial skill in negotiation and mediation. Past research has suggested that...
World Bank Hiring Behavioral Economist and Behavioral Scientist
June 5, 2015
As part of a broader World Bank Group effort to incorporate recent advances in the social and behavioral sciences into its projects and programs, and following upon the well-received World Development Report 2015: Mind, Society, and Behavior, the World Bank is recruiting an exceptional behavioral economist to work in its new Behavioral Innovations Lab (BIL) as well as an exceptional behavioral scientist.
June 5, 2015
As part of a broader World Bank Group effort to incorporate recent advances in the social and behavioral sciences into its projects and programs, and following upon the well-received World Development Report 2015: Mind, Society, and Behavior, the World Bank is recruiting an exceptional behavioral economist to work in its new Behavioral Innovations Lab (BIL) as well as an exceptional behavioral scientist.
Fifth Circuit Finds Parties Can Authorize Arbitrators By Their Conduct
June 5, 2015
The Fifth Circuit un-vacated an arbitration award last week, holding the district court had wrongly concluded that the court was the proper decision-maker on contract formation. Although courts are presumptively authorized to decide whether an arbitration agreement exists, the Fifth Circuit found the parties altered that presumption by “submitting, briefing, and generally disputing that issue throughout the arbitration proceedings.” OMG, L.P. v. Heritage Auctions, Inc., 2015 WL 2151779 (5th...
June 5, 2015
The Fifth Circuit un-vacated an arbitration award last week, holding the district court had wrongly concluded that the court was the proper decision-maker on contract formation. Although courts are presumptively authorized to decide whether an arbitration agreement exists, the Fifth Circuit found the parties altered that presumption by “submitting, briefing, and generally disputing that issue throughout the arbitration proceedings.” OMG, L.P. v. Heritage Auctions, Inc., 2015 WL 2151779 (5th...
Texas: Trial Court Committed No Error Confirming Arbitration Award When Party Did Not Appear
June 5, 2015
In KNJ Enterprises, Inc. v. Wilbanks & Wilbanks, PC, the Fourteenth Court of Appeals held that a trial court did not err when it confirmed an arbitration award when one of the parties did not appear at the arbitration. Wilbanks initiated an arbitration proceeding against KNJ. According to the opinion, despite receiving notice of the proceeding, KNJ did not appear. KNJ initiated its own arbitration proceeding against Wilbanks, which was enjoined from proceeding by the trial court because of Wilbanks'...
June 5, 2015
In KNJ Enterprises, Inc. v. Wilbanks & Wilbanks, PC, the Fourteenth Court of Appeals held that a trial court did not err when it confirmed an arbitration award when one of the parties did not appear at the arbitration. Wilbanks initiated an arbitration proceeding against KNJ. According to the opinion, despite receiving notice of the proceeding, KNJ did not appear. KNJ initiated its own arbitration proceeding against Wilbanks, which was enjoined from proceeding by the trial court because of Wilbanks'...
When Can A Party Recover Attorneys’ Fees Incurred Confirming An Arbitration Award?
June 4, 2015
If you won your arbitration, it is vexing to have to spend many thousands more in attorneys’ fees opposing a motion to vacate...
June 4, 2015
If you won your arbitration, it is vexing to have to spend many thousands more in attorneys’ fees opposing a motion to vacate...
Texas: Arbitration, Collateral Estoppel, and Collective Bargaining Agreements
June 4, 2015
In City of San Antonio v. Cortes, the San Antonio Court of Appeals held that the trial court should have compelled arbitration...
June 4, 2015
In City of San Antonio v. Cortes, the San Antonio Court of Appeals held that the trial court should have compelled arbitration...
Class Actions Ten Years after the Enactment of CAFA
June 3, 2015
On February 27, 2015, the Committee on the Judiciary, Subcommittee on the Constitution and Civil Justice, held a hearing on the state of class actions post-CAFA. The witnesses' lack of ideological diversity (with Professor Moore as a single exception) is extremely troubling. The committee heard testimony from: Andrew Pincus (Partner, Mayer Brown, U.S. Chamber Institute for Legal Reform), John Parker Sweeney (President, DRI - the Voice of the Defense Bar), Jessica D. Miller (Partner, Skadden Arps),...
June 3, 2015
On February 27, 2015, the Committee on the Judiciary, Subcommittee on the Constitution and Civil Justice, held a hearing on the state of class actions post-CAFA. The witnesses' lack of ideological diversity (with Professor Moore as a single exception) is extremely troubling. The committee heard testimony from: Andrew Pincus (Partner, Mayer Brown, U.S. Chamber Institute for Legal Reform), John Parker Sweeney (President, DRI - the Voice of the Defense Bar), Jessica D. Miller (Partner, Skadden Arps),...
Nondisclosure Agreements in Med Mal Settlements
June 3, 2015
William Sage is lead author on a study of nondisclosure agreements in med mal settlements. Using the Texas closed-claim database, the authors determined nondisclosure clauses were included in 88.7% of settlements. This is not surprising to me, but the authors also concluded the clauses were broader than necessary to protect the doctors and hospital, and even broader than needed to avoid attracting other claimants. Monthly Prescribing Reference has a story, with links to the study.
June 3, 2015
William Sage is lead author on a study of nondisclosure agreements in med mal settlements. Using the Texas closed-claim database, the authors determined nondisclosure clauses were included in 88.7% of settlements. This is not surprising to me, but the authors also concluded the clauses were broader than necessary to protect the doctors and hospital, and even broader than needed to avoid attracting other claimants. Monthly Prescribing Reference has a story, with links to the study.
Don’t Call It a Trial
June 3, 2015
Gary McGowan is a noted arbitrator and mediator based in Houston, but with a national and international presence. Gary is scheduled to join the State Bar of Texas ADR Section Council as a councilmember this summer. Gary's written an article, "Don't Call It a Trial: What Litigators Should Know about Arbitration" which was published in The Houston Lawyer. The article describes itself as a primer on arbitration, providing definitions of terms, the importance of the arbitration contract, and outlining...
June 3, 2015
Gary McGowan is a noted arbitrator and mediator based in Houston, but with a national and international presence. Gary is scheduled to join the State Bar of Texas ADR Section Council as a councilmember this summer. Gary's written an article, "Don't Call It a Trial: What Litigators Should Know about Arbitration" which was published in The Houston Lawyer. The article describes itself as a primer on arbitration, providing definitions of terms, the importance of the arbitration contract, and outlining...
Kmart Cannot Enforce Arbitration Agreement with Class of Infant (Minor) Plaintiffs
June 2, 2015
In 2013, Kmart hired Adrian Lopez, then age 16, as a cashier. Before beginning work, Lopez received online training, and in order to do so, he had to acknowledge receipt of various Kmart forms, including an arbitration agreement. One month after turning 18, Lopez filed a putative class action lawsuit against his employer for breaches of California's wage and hours laws. Kmart sought to compel arbitration. Under California Family Code § 6710, minors (under the age of 18) may enter into contracts,...
June 2, 2015
In 2013, Kmart hired Adrian Lopez, then age 16, as a cashier. Before beginning work, Lopez received online training, and in order to do so, he had to acknowledge receipt of various Kmart forms, including an arbitration agreement. One month after turning 18, Lopez filed a putative class action lawsuit against his employer for breaches of California's wage and hours laws. Kmart sought to compel arbitration. Under California Family Code § 6710, minors (under the age of 18) may enter into contracts,...
