Some of the most arduous productivity challenges are found in the legal profession, amidst the masses of data and documents juggled by lawyers, paralegals and other legal professionals—but more attorneys are turning to automation technology to improve efficiencies and collaboration, according to a new study by Workshare Inc., a provider of enterprise and law firm secure file sharing and collaboration applications.
In fact, a majority of respondents (59 percent) said projects were mainly held...
I recently got around to reading a whopper of an old law review article that I had been wanting to read for awhile entitled, “Inside the Judicial Mind.” It’s an overview and research study on the cognitive biases that we all face, but in the context of how judges — theoretically some of the most neutral people — fare with them when they are the subject matter of the study. Are judges really able to do better than everyone else and minimize their biases?
From the introduction:
[W]e...
Last July, after a five-year legal battle, a small Chicago software company, Business Logic, won a $61 million breach-of-contract lawsuit against investment research house Morningstar Inc. Bankrolling Business Logic's case was a New York City outfit, Lake Whillans Capital Partners, which helps small and medium-size businesses sue other businesses they believe have wronged them.
A year before that, an Indiana roofing contractor, Joseph Radcliff, scored $17 million in a defamation suit against State...
Recently, the Kluwer Mediation Blog posted an interesting discussion about the cognitive biases at play during a dispute. What caught my interest is that the author- Charlie Irvine- used the example of driving to make his point. In his blog entitled, “What Mediators Know (Or Can’t Help Noticing) about Conflict” he discusses the cognitive bias known as the “fundamental attribution error”. This bias means that when we want to give a reason for another person’s behavior, we tend to claim...
As we turn the page on a new year, below are some tips to consider for more effective mediation.
Know Your File
First, and most important, know your file. If you are uncertain whether the claim was denied for a coverage reason or allegedly underpaid, the insurance company representative will become less inclined to reward you or pay your client for your laziness.
Too busy to remember the date or the cause of the loss? Don’t expect an insured to believe you’re prepared and ready to try the case.
Read...
In Sussex v. U.S. Dist. Ct. for the Dt. of Nevada, Las Vegas, Petitioners filed a writ of mandamus seeking to overturn the District Court's disqualification of an arbitrator for "evident partiality." The underlying arbitration involved several civil actions against Turnberry/MGM Grand Towers, LLC, the developer and seller of a condominium project. Turnberry sought removal of the arbitrator, who had become involved in business ventures, which he characterized as "completely dormant," through which...
Just as Uber and Lyft disrupt the taxi business, legal tech 2.0 frightens incumbent providers and cheers consumers. Desired or not, however, it is still embedded within the existing system. The current web of natural language laws, courts and the regulatory state remain largely intact. Our system of justice evolves but does not radically shift.
We are, however, fast approaching 3.0, where the power of computational technology for communication, modeling and execution permit a radical redesign,...
From Forbes:
Getting divorced? You have a lot going on. In fact, when you divorce, nearly every vertical of your life changes — including your taxes.
If your marriage is ending, address these tax concerns now. Below are the nuts and bolts of divorce and tax law. But if you are currently negotiating your split, or have a open dialogue with your ex, sit down with a tax professional to explore arrangements that could reduce the tax burden for both of you.
Read more here.