Blog Archives
AAA Training: Advanced Training in Health Care Mediation (Nov. 12 -13; Dallas)
October 8, 2014
The field of health care, with its myriad interconnected “players” and complexity of transactions, has long been fertile ground for many types of disputes and conflicts, ranging from general contract matters to medical malpractice issues. With the advent of the Affordable Care Act, it is especially incumbent upon experienced mediators interested in mediating health care-related matters to become well-educated in the nuances and uniqueness of disputes and conflicts within the field. This two-day,...
October 8, 2014
The field of health care, with its myriad interconnected “players” and complexity of transactions, has long been fertile ground for many types of disputes and conflicts, ranging from general contract matters to medical malpractice issues. With the advent of the Affordable Care Act, it is especially incumbent upon experienced mediators interested in mediating health care-related matters to become well-educated in the nuances and uniqueness of disputes and conflicts within the field. This two-day,...
Getting Paid in the Naked Economy
October 8, 2014
I've posted a short paper to SSRN titled "Getting Paid in the Naked Economy." It is not too academicky, which may delight some and disturb others. Here's the abstract: “It’s the end of work as we know it,” reports consulting firm Accenture in a paper about the “rise of the extended workforce.” (Gartside, Silverstone, Farley & Cantrell, Trends Reshaping the Future of HR: The Rise of the Extended Workforce, at 3 (Accenture 2013), http://www.accenture.com/SiteCollectionDocuments/PDF/Accenture-Future-of-HR-Rise-Extended-Workforce.pdf)....
October 8, 2014
I've posted a short paper to SSRN titled "Getting Paid in the Naked Economy." It is not too academicky, which may delight some and disturb others. Here's the abstract: “It’s the end of work as we know it,” reports consulting firm Accenture in a paper about the “rise of the extended workforce.” (Gartside, Silverstone, Farley & Cantrell, Trends Reshaping the Future of HR: The Rise of the Extended Workforce, at 3 (Accenture 2013), http://www.accenture.com/SiteCollectionDocuments/PDF/Accenture-Future-of-HR-Rise-Extended-Workforce.pdf)....
Artificial Intelligence and the Law
October 7, 2014
Plexus, a NewLaw law firm based in Australia, has just released a new legal product that purports to apply artificial intelligence to a relatively common, discrete legal issue -- detemining whether a proposed trade promotion (advertisement in US parlance) is in compliance with applicable law. From the video, it is unclear whether the innovation is an expert system -- akin to what Neota Logic or KM Standards are creating -- or artificial intelligence (AI) in the spirit of machine learning...
October 7, 2014
Plexus, a NewLaw law firm based in Australia, has just released a new legal product that purports to apply artificial intelligence to a relatively common, discrete legal issue -- detemining whether a proposed trade promotion (advertisement in US parlance) is in compliance with applicable law. From the video, it is unclear whether the innovation is an expert system -- akin to what Neota Logic or KM Standards are creating -- or artificial intelligence (AI) in the spirit of machine learning...
Perez on Experts & Biases and Heuristics
October 7, 2014
Oren Perez (Professor, Bar-Ilan University - Faculty of Law) has posted Can Experts Be Trusted and What Can Be Done About it? Insights from the Biases and Heuristics Literature (Forthcoming in 'Nudging and the Law: A European Perspective'; Alberto Alemanno and Anne-Lise Sibony Eds. (HART, 2015)) on SSRN. Here is the abstract: Experts play an important role in the European Union ("EU") regulatory apparatus. They assist the EU Commission in multiple functions ranging from designing policies to the implementation...
October 7, 2014
Oren Perez (Professor, Bar-Ilan University - Faculty of Law) has posted Can Experts Be Trusted and What Can Be Done About it? Insights from the Biases and Heuristics Literature (Forthcoming in 'Nudging and the Law: A European Perspective'; Alberto Alemanno and Anne-Lise Sibony Eds. (HART, 2015)) on SSRN. Here is the abstract: Experts play an important role in the European Union ("EU") regulatory apparatus. They assist the EU Commission in multiple functions ranging from designing policies to the implementation...
Flextime As Reasonable Accommodation
October 7, 2014
Solomon v. Vilsack, ___F.3d___(D.C. Cir. Aug. 15, 2014), is an interesting case. The D.C. Circuit followed other circuits holding that the Department of Agriculture should have considered a flextime schedule for an employee under treatment for depression.
October 7, 2014
Solomon v. Vilsack, ___F.3d___(D.C. Cir. Aug. 15, 2014), is an interesting case. The D.C. Circuit followed other circuits holding that the Department of Agriculture should have considered a flextime schedule for an employee under treatment for depression.
Appealing Arbitration Decisions
October 7, 2014
Lawyers new to arbitration practice quickly learn that the Federal Arbitration Act (FAA) provides very few grounds for appealing arbitration awards, primarily serious misconduct or fraud by the arbitrators (see 9 U.S.C. § 10(a)), and that the courts disfavor such appeals, particularly preaward appeals. Thus, appeals of arbitration awards should be rare; successful appeals are rare. However, legitimate grounds for appeal occasionally appear, so counsel must keep in mind from the beginning of the case...
October 7, 2014
Lawyers new to arbitration practice quickly learn that the Federal Arbitration Act (FAA) provides very few grounds for appealing arbitration awards, primarily serious misconduct or fraud by the arbitrators (see 9 U.S.C. § 10(a)), and that the courts disfavor such appeals, particularly preaward appeals. Thus, appeals of arbitration awards should be rare; successful appeals are rare. However, legitimate grounds for appeal occasionally appear, so counsel must keep in mind from the beginning of the case...
Justices to Mull Pleading Standard for Removal
October 7, 2014
As the leaves change for the fall in Washington, the Justices may cast their thoughts back to their own days studying Federal Courts in law school, when they consider Dart Cherokee Basin Operating Co. v. Owens on the second day of the Term. The question presented could have come straight out of a law-school exam. The Class Action Fairness Act (the “CAFA”) allows defendants to remove class actions to federal courts if they involve at least one hundred putative class members and at least $5 million...
October 7, 2014
As the leaves change for the fall in Washington, the Justices may cast their thoughts back to their own days studying Federal Courts in law school, when they consider Dart Cherokee Basin Operating Co. v. Owens on the second day of the Term. The question presented could have come straight out of a law-school exam. The Class Action Fairness Act (the “CAFA”) allows defendants to remove class actions to federal courts if they involve at least one hundred putative class members and at least $5 million...
LinkedIn for Lawyers: Building Your LinkedIn Network
October 6, 2014
Dear Associate at a Biglaw Firm: I am the legal recruiter to whom you were introduced in a recent post on Above the Law. I am hoping we can connect regarding our shared interest in maximizing your use of LinkedIn… Not sure how to respond? I understand your hesitation, both to accept my LinkedIn invitation and to waste spend any more billable time on social media. After all, you signed up for the site, posted a professional picture, edited your headline so that it no longer reads “Name, Title,...
October 6, 2014
Dear Associate at a Biglaw Firm: I am the legal recruiter to whom you were introduced in a recent post on Above the Law. I am hoping we can connect regarding our shared interest in maximizing your use of LinkedIn… Not sure how to respond? I understand your hesitation, both to accept my LinkedIn invitation and to waste spend any more billable time on social media. After all, you signed up for the site, posted a professional picture, edited your headline so that it no longer reads “Name, Title,...
Data From Law’s Shadow
October 6, 2014
While much of legal scholarship focuses on litigation outcomes, virtually all legal disputes resolve prior to a bench or jury trial. Thus, efforts to understand legal disputes need to account for settlements that consume more than 90 percent of all cases initiated. And within the world of settled cases, mediation fulfills an important role. A paucity of data, however, hamstrings efforts to study settlement activity. A recent paper, Inside the Caucus: An Empirical Analysis of Mediation from Within,...
October 6, 2014
While much of legal scholarship focuses on litigation outcomes, virtually all legal disputes resolve prior to a bench or jury trial. Thus, efforts to understand legal disputes need to account for settlements that consume more than 90 percent of all cases initiated. And within the world of settled cases, mediation fulfills an important role. A paucity of data, however, hamstrings efforts to study settlement activity. A recent paper, Inside the Caucus: An Empirical Analysis of Mediation from Within,...
IPO-Related Securities Litigation Picks Up
October 6, 2014
In several posts of the last several months (most recently here), I have commented that with the increased number of IPOs, an increase in IPO-related securities litigation would likely follow. If the securities litigation filing activity over the last couple of weeks is any indication, the anticipated increase in IPO-related securities litigation has arrived. Interestingly, most of the recent activity involves companies that completed their IPOs in 2013, suggesting that IPO-related securities litigation...
October 6, 2014
In several posts of the last several months (most recently here), I have commented that with the increased number of IPOs, an increase in IPO-related securities litigation would likely follow. If the securities litigation filing activity over the last couple of weeks is any indication, the anticipated increase in IPO-related securities litigation has arrived. Interestingly, most of the recent activity involves companies that completed their IPOs in 2013, suggesting that IPO-related securities litigation...
