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7 Ways to Make Your Next Mediation Successful
December 16, 2014
On 24th September Kluwer and the International Academy of Mediators (IAM) hosted their inaugural mediation webinar – ‘7 Ways to Make Your Next Mediation Successful’. Attendees joined from all over the world. Don’t worry if you couldn’t attend on the day – we’ve posted the webinar on YouTube, and it can be viewed here. 1. PRE-QUALIFY CASE 2. IMPEDIMENTS/BARRIERS 3. INFORMATION OVERLOAD 4. EARLY EXCHANGE OF WRITTEN SETTLEMENT AGREEMENT 5. CHANGES IN DYNAMICS/ANALYSIS BEFORE...
December 16, 2014
On 24th September Kluwer and the International Academy of Mediators (IAM) hosted their inaugural mediation webinar – ‘7 Ways to Make Your Next Mediation Successful’. Attendees joined from all over the world. Don’t worry if you couldn’t attend on the day – we’ve posted the webinar on YouTube, and it can be viewed here. 1. PRE-QUALIFY CASE 2. IMPEDIMENTS/BARRIERS 3. INFORMATION OVERLOAD 4. EARLY EXCHANGE OF WRITTEN SETTLEMENT AGREEMENT 5. CHANGES IN DYNAMICS/ANALYSIS BEFORE...
Part Two: Arbitration in Evolution
December 16, 2014
In Part One of this series, Disputing highlighted the survey group profile described in “Arbitration in Evolution: Current Practices and Perspectives of Experienced Arbitrators,” authored by Pepperdine University School of Law Professor Thomas Stipanowich and Straus Institute for Dispute Resolution Research Fellow Zachary Ulrich. The article examines data obtained in a unique 2013 survey of 134 members of the College of Commercial Arbitrators (“CCA”). The information collected from survey...
December 16, 2014
In Part One of this series, Disputing highlighted the survey group profile described in “Arbitration in Evolution: Current Practices and Perspectives of Experienced Arbitrators,” authored by Pepperdine University School of Law Professor Thomas Stipanowich and Straus Institute for Dispute Resolution Research Fellow Zachary Ulrich. The article examines data obtained in a unique 2013 survey of 134 members of the College of Commercial Arbitrators (“CCA”). The information collected from survey...
Allocation Methodology
December 16, 2014
This article will focus on the due process aspect of allocation methodologies in mass tort class actions and multidistrict litigations. This typically involves the substantive right to allocation and procedurally how the process is structured. Let’s assume you have settled a mass tort and it is now time to allocate the settlement proceeds among the claimants. There is a variety of settlement models. For example, the settlement can involve all or almost all of the claims, e.g., Vioxx, ASR Hips...
December 16, 2014
This article will focus on the due process aspect of allocation methodologies in mass tort class actions and multidistrict litigations. This typically involves the substantive right to allocation and procedurally how the process is structured. Let’s assume you have settled a mass tort and it is now time to allocate the settlement proceeds among the claimants. There is a variety of settlement models. For example, the settlement can involve all or almost all of the claims, e.g., Vioxx, ASR Hips...
Part One: Arbitration in Evolution
December 15, 2014
Professor Thomas Stipanowich, Pepperdine University School of Law, and Straus Institute for Dispute Resolution Research Fellow Zachary Ulrich, have published “Arbitration in Evolution: Current Practices and Perspectives of Experienced Arbitrators,” Columbia American Review of International Arbitration, Forthcoming ; Pepperdine University Legal Studies Research Paper No. 2014/30. The paper fully analyzes the data obtained in a groundbreaking 2013 survey regarding commercial arbitration practice...
December 15, 2014
Professor Thomas Stipanowich, Pepperdine University School of Law, and Straus Institute for Dispute Resolution Research Fellow Zachary Ulrich, have published “Arbitration in Evolution: Current Practices and Perspectives of Experienced Arbitrators,” Columbia American Review of International Arbitration, Forthcoming ; Pepperdine University Legal Studies Research Paper No. 2014/30. The paper fully analyzes the data obtained in a groundbreaking 2013 survey regarding commercial arbitration practice...
First Circuit Finds Plaintiff Waived Right to Arbitrate by Litigating for 9 Months
December 15, 2014
We haven’t had a good waiver case in a while. The First Circuit served one up last week with a flourish, teaching me multiple new words in the process (not for the first time, either). It found that a plaintiff had waived its right to arbitrate, not by bringing its claims to court in the first place, but by waiting nine months to compel arbitration, thereby seeming to “use [] an arbitration clause as a parachute when judicial winds blow unfavorably.” In Joca-Roca Real Estate, LLC v. Brennan,...
December 15, 2014
We haven’t had a good waiver case in a while. The First Circuit served one up last week with a flourish, teaching me multiple new words in the process (not for the first time, either). It found that a plaintiff had waived its right to arbitrate, not by bringing its claims to court in the first place, but by waiting nine months to compel arbitration, thereby seeming to “use [] an arbitration clause as a parachute when judicial winds blow unfavorably.” In Joca-Roca Real Estate, LLC v. Brennan,...
Coming to your Computer Soon? Ransonware which Locks your Files and Demands Payment
December 15, 2014
Alarms are going off around the Internet with an apparent increase of ransomware which “immediately makes its presence known by encrypting files and demanding payment for the keys to unlock them.” The Department of Homeland Security (DHS) issued an Alert on October 22, 2014 that included this description: Ransomware is a type of malware that infects a computer and restricts a user’s access to the infected computer. This type of malware, which has now been observed for several years, attempts...
December 15, 2014
Alarms are going off around the Internet with an apparent increase of ransomware which “immediately makes its presence known by encrypting files and demanding payment for the keys to unlock them.” The Department of Homeland Security (DHS) issued an Alert on October 22, 2014 that included this description: Ransomware is a type of malware that infects a computer and restricts a user’s access to the infected computer. This type of malware, which has now been observed for several years, attempts...
Top Legal Presentations of 2014 on SlideShare
December 14, 2014
Missed the presentation? Check out the slides. Here are some of the top legal presentation of 2014 on SlideShare. Five Observations Regarding Technology and the Legal Industry – Presented by Professor Daniel Martin Katz (6430 views) Technology to Practice Law – Presented by Stephanie Kimbro (4751 views) Legal Project Management: Getting to insight, productivity and results – Presented by The Talent Project (2049 views) Developing a Niche Law Practice and Differentiating Yourself...
December 14, 2014
Missed the presentation? Check out the slides. Here are some of the top legal presentation of 2014 on SlideShare. Five Observations Regarding Technology and the Legal Industry – Presented by Professor Daniel Martin Katz (6430 views) Technology to Practice Law – Presented by Stephanie Kimbro (4751 views) Legal Project Management: Getting to insight, productivity and results – Presented by The Talent Project (2049 views) Developing a Niche Law Practice and Differentiating Yourself...
Call for Research Proposals to Participate in the Open Web of Things Expedition
December 14, 2014
Imagine a world in which access to networked technology defies the constraints of desktops, laptops or smartphones. A future...
December 14, 2014
Imagine a world in which access to networked technology defies the constraints of desktops, laptops or smartphones. A future...
Artificial Skin Can Feel Rain And Touch
December 14, 2014
There have been dramatic leaps in developing prosthetics, but there's one attribute in particular that's been largely overlooked. Many artificial limbs are almost as flexible as, and function like, the real thing, and some even connect to peripheral nerves to allow for mind control of the prosthesis. But researchers have struggled to develop artificial skin that acts and even feels like actual skin. Now, an international team from South Korea and the United States has designed what they...
December 14, 2014
There have been dramatic leaps in developing prosthetics, but there's one attribute in particular that's been largely overlooked. Many artificial limbs are almost as flexible as, and function like, the real thing, and some even connect to peripheral nerves to allow for mind control of the prosthesis. But researchers have struggled to develop artificial skin that acts and even feels like actual skin. Now, an international team from South Korea and the United States has designed what they...
Google’s Eric Schmidt: Don’t Fear the Artificially Intelligent Future
December 13, 2014
Eric Schmidt wants you to know that robots are your friend. That makes sense, considering that as chairman and former CEO of Google, Schmidt has been heavily involved in the development of some of the the world’s most sophisticated artificially intelligent systems, from the self-driving car to Google’s predictive search engine. The company even recently launched its own internal robotics lab. But while Schmidt admits sitting shotgun in the self-driving car is not an “altogether happy”...
December 13, 2014
Eric Schmidt wants you to know that robots are your friend. That makes sense, considering that as chairman and former CEO of Google, Schmidt has been heavily involved in the development of some of the the world’s most sophisticated artificially intelligent systems, from the self-driving car to Google’s predictive search engine. The company even recently launched its own internal robotics lab. But while Schmidt admits sitting shotgun in the self-driving car is not an “altogether happy”...
