Menu
Blog Archives
WordRake Now Edits in Outlook and Word
October 4, 2014
Proofreading software WordRake brings clarity and brevity to email and documents. Legal professionals can appreciate that fundamental rules of the English language never change. Hence we don’t have to update grammar, like the law, before sending out documents and email messages to courts, clients and colleagues. But we forget that the English language is complex and more difficult to write than speak, which results in common errors unless we carefully and continually proofread our craft. It’s...
October 4, 2014
Proofreading software WordRake brings clarity and brevity to email and documents. Legal professionals can appreciate that fundamental rules of the English language never change. Hence we don’t have to update grammar, like the law, before sending out documents and email messages to courts, clients and colleagues. But we forget that the English language is complex and more difficult to write than speak, which results in common errors unless we carefully and continually proofread our craft. It’s...
LawTech Silicon Valley Tackles Productivity
October 4, 2014
The inaugural LawTech Silicon Valley conference will be held on Oct. 7, focusing on four major challenges that lawyers face when they try to supercharge their legal practice with technology: 1. Eliminating—or delegating—tasks that get in the way of proving your value. 2. Articulating what your cases are all about to drive successful outcomes. 3. Collaborating with colleagues and clients through document sharing. 4. Solving the Big Data challenge that can be mind-numbing in major litigation. The...
October 4, 2014
The inaugural LawTech Silicon Valley conference will be held on Oct. 7, focusing on four major challenges that lawyers face when they try to supercharge their legal practice with technology: 1. Eliminating—or delegating—tasks that get in the way of proving your value. 2. Articulating what your cases are all about to drive successful outcomes. 3. Collaborating with colleagues and clients through document sharing. 4. Solving the Big Data challenge that can be mind-numbing in major litigation. The...
Presentation: Predicting the Behavior of the Supreme Court
October 3, 2014
Last week, I had the honor of presenting during the Texas Bar Advanced Civil Appellate Practice Course. I spoke during the lunchtime panel with Justice Eva Guzman (SCOTX) and Professor Lee Epstein. I discussed our new Supreme Court prediction algorithm, and our soon-to-be announced FantasySCOTUS tournament.
October 3, 2014
Last week, I had the honor of presenting during the Texas Bar Advanced Civil Appellate Practice Course. I spoke during the lunchtime panel with Justice Eva Guzman (SCOTX) and Professor Lee Epstein. I discussed our new Supreme Court prediction algorithm, and our soon-to-be announced FantasySCOTUS tournament.
The Future of Wearable Technology for Lawyers
October 3, 2014
With the recent Apple announcement about the Apple Watch coming in 2015, it is a good time to contemplate whether wearable technology will be good for lawyers, not so good or somewhere in between. Our new podcast is The Future of Wearable Technology for Lawyers. “In this episode of The Digital Edge, Sharon Nelson and Jim Calloway interview legal technology expert Richard Georges about wearable technology, how smartwatches enhances his ability to be productive, and what lawyers need to consider...
October 3, 2014
With the recent Apple announcement about the Apple Watch coming in 2015, it is a good time to contemplate whether wearable technology will be good for lawyers, not so good or somewhere in between. Our new podcast is The Future of Wearable Technology for Lawyers. “In this episode of The Digital Edge, Sharon Nelson and Jim Calloway interview legal technology expert Richard Georges about wearable technology, how smartwatches enhances his ability to be productive, and what lawyers need to consider...
Lawyer Rate Increases Remain Flat, Legal Departments Continue to Demand More Competitive Pricing
October 3, 2014
Findings from the 2014 Real Rate Report reveal four other emerging themes that legal departments should bear in mind: First-year...
October 3, 2014
Findings from the 2014 Real Rate Report reveal four other emerging themes that legal departments should bear in mind: First-year...
Arbitrability of Preclusive Effect of Prior Confirmed Award
October 3, 2014
In a commercial arbitration dispute, the United States Court of Appeals for the First Circuit affirmed the district court’s decision concerning the authority of an arbitral tribunal to determine the preclusive effect of a prior award, even though the award was confirmed by the federal court. Emp’rs Ins. Co. of Wausau v. OneBeacon Am. Ins. Co., 744 F.3d 25 (1st Cir. 2014). Background and Procedural History Two insurance companies, Employers Insurance Company of Wausau and National Casualty...
October 3, 2014
In a commercial arbitration dispute, the United States Court of Appeals for the First Circuit affirmed the district court’s decision concerning the authority of an arbitral tribunal to determine the preclusive effect of a prior award, even though the award was confirmed by the federal court. Emp’rs Ins. Co. of Wausau v. OneBeacon Am. Ins. Co., 744 F.3d 25 (1st Cir. 2014). Background and Procedural History Two insurance companies, Employers Insurance Company of Wausau and National Casualty...
Seventh Circuit Rejects “Scandalous” Settlement
October 3, 2014
The U.S. Court of Appeals for the Seventh Circuit issued a scathing rebuke of class counsel in an opinion reversing the approval of a settlement. Referring to the case as “eight largely wasted years,” to the settlement as “scandalous,” and to the terms as “[selling] out the class,” Judge Posner’s opinion dealt harshly with class counsel. Eubank v. Pella. This opinion is “consistent with a recent trend of courts turning up the heat on class action settlement scrutiny,” explains Jeffrey...
October 3, 2014
The U.S. Court of Appeals for the Seventh Circuit issued a scathing rebuke of class counsel in an opinion reversing the approval of a settlement. Referring to the case as “eight largely wasted years,” to the settlement as “scandalous,” and to the terms as “[selling] out the class,” Judge Posner’s opinion dealt harshly with class counsel. Eubank v. Pella. This opinion is “consistent with a recent trend of courts turning up the heat on class action settlement scrutiny,” explains Jeffrey...
Rethinking Negotiation Strategy
October 2, 2014
The charisma of the designation “trial lawyer” is not shared by “negotiator.” However, since less than 5 percent of civil cases go through trial, enhancing your negotiating repertoire will likely reap rewards. In contrast to trial, where control of the outcome rests with the Court and/or Jury, a skilled negotiator can retain control of the outcome for the client. Therefore, it behooves the prudent litigator to augment your negotiator prowess. In the past, negotiation was not a part of law school...
October 2, 2014
The charisma of the designation “trial lawyer” is not shared by “negotiator.” However, since less than 5 percent of civil cases go through trial, enhancing your negotiating repertoire will likely reap rewards. In contrast to trial, where control of the outcome rests with the Court and/or Jury, a skilled negotiator can retain control of the outcome for the client. Therefore, it behooves the prudent litigator to augment your negotiator prowess. In the past, negotiation was not a part of law school...
Pre-Award Removal of an Arbitrator
October 2, 2014
Court’s Authority to Remove an Arbitrator Courts have very limited authority to intervene in arbitral matters prior to a final arbitration award. Essentially they may determine the validity and scope (arbitrability of particular issues) of an arbitration agreement and enforce it. See Gulf Guar. Life Ins. Co. v. Conn. Gen. Life Ins. Co., 304 F.3d 476 (5th Cir. 2002). Section 4 of the Federal Arbitration Act (FAA), 9 U.S.C. § 4, provides an expedited procedure to accomplish these duties. It is unusual...
October 2, 2014
Court’s Authority to Remove an Arbitrator Courts have very limited authority to intervene in arbitral matters prior to a final arbitration award. Essentially they may determine the validity and scope (arbitrability of particular issues) of an arbitration agreement and enforce it. See Gulf Guar. Life Ins. Co. v. Conn. Gen. Life Ins. Co., 304 F.3d 476 (5th Cir. 2002). Section 4 of the Federal Arbitration Act (FAA), 9 U.S.C. § 4, provides an expedited procedure to accomplish these duties. It is unusual...
Is Legal Reasoning Like Medical Reasoning?
October 2, 2014
In this paper, stimulated by the publication some years ago in France of a small book on medical reasoning, legal and medical reasoning are compared. The question that is asked is whether the differences between the two types of reasoning will permit one to have a better understanding of some of the methodological and epistemological issues associated with legal reasoning. It will be argued that although medical and legal reasoners do share things in common, legal reasoning, perhaps unlike medical...
October 2, 2014
In this paper, stimulated by the publication some years ago in France of a small book on medical reasoning, legal and medical reasoning are compared. The question that is asked is whether the differences between the two types of reasoning will permit one to have a better understanding of some of the methodological and epistemological issues associated with legal reasoning. It will be argued that although medical and legal reasoners do share things in common, legal reasoning, perhaps unlike medical...
