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The Brain’s ‘Negativity Bias’ and Persuasion
September 10, 2014
Of Reptiles and Velcro: The Brain's 'Negativity Bias' and Persuasion by Kenneth D. Chestek. Abstract: Negative political...
September 10, 2014
Of Reptiles and Velcro: The Brain's 'Negativity Bias' and Persuasion by Kenneth D. Chestek. Abstract: Negative political...
Apple Haters Gonna Hate
September 9, 2014
Ars Technica has Ron Amadeo. Ron’s pretty influential in the tech world. In fact, it’s Ron’s post that cause a lot of anger toward Moto 360 for its poor technical performance. But Ron also has a “hater” side. Or at least he likes to “troll.” And so he gave us this picture to celebrate Apple’s new iPhone announcement.
September 9, 2014
Ars Technica has Ron Amadeo. Ron’s pretty influential in the tech world. In fact, it’s Ron’s post that cause a lot of anger toward Moto 360 for its poor technical performance. But Ron also has a “hater” side. Or at least he likes to “troll.” And so he gave us this picture to celebrate Apple’s new iPhone announcement.
Apple Releases Apple Watch, New Supersized iPhones with Payment System
September 9, 2014
Apple released its much-anticipated smartwatch Tuesday, the first new device for the company since its founder Steve Jobs died in 2011. Called Apple Watch, the device, besides telling time, will have broad applications, the company pledged. It will be able to unlock doors to hotel rooms at Starwood hotels next year. Users can check into airlines, get directions as well as accomplish some basic tasks that are familiar to smartphone users, such as send out tweets, reply to messages and answer and make...
September 9, 2014
Apple released its much-anticipated smartwatch Tuesday, the first new device for the company since its founder Steve Jobs died in 2011. Called Apple Watch, the device, besides telling time, will have broad applications, the company pledged. It will be able to unlock doors to hotel rooms at Starwood hotels next year. Users can check into airlines, get directions as well as accomplish some basic tasks that are familiar to smartphone users, such as send out tweets, reply to messages and answer and make...
Harkavy on American Express Co. v. Italian Colors Restaurant & Title VII
September 9, 2014
Jonathan Ross Harkavy has posted Class Action Waivers in Title VII Cases after Italian Colors: Sidestepping the Individual...
September 9, 2014
Jonathan Ross Harkavy has posted Class Action Waivers in Title VII Cases after Italian Colors: Sidestepping the Individual...
Latitudes of Acceptance
September 9, 2014
I'll tell you about my new favorite idea, which like all new favorite ideas, is really an old idea. This one, from the 1960s, was used only in a couple of studies. It's called "latitude of acceptance". If I want to persuade you, what I need to do is pitch my arguments so that they're in the range of a bubble around your current belief; it's not too far from your current belief, but it's within this bubble. If your belief is that you're really, really anti-guns, let's say, and I want to move you a bit,...
September 9, 2014
I'll tell you about my new favorite idea, which like all new favorite ideas, is really an old idea. This one, from the 1960s, was used only in a couple of studies. It's called "latitude of acceptance". If I want to persuade you, what I need to do is pitch my arguments so that they're in the range of a bubble around your current belief; it's not too far from your current belief, but it's within this bubble. If your belief is that you're really, really anti-guns, let's say, and I want to move you a bit,...
What Fifth Third Bancorp v. Dudenhoeffer May Mean for ERISA Stock-Drop Litigation
September 9, 2014
Did the future course of “stock-drop” litigation under the Employee Retirement Income Security Act (ERISA) against fiduciaries of public company employee stock ownership plans (ESOPs) take a sharp turn on June 25, 2014, when the United States Supreme Court issued its unanimous opinion in Fifth Third Bancorp v. Dudenhoeffer? Maybe—but then again, maybe not. Ultimately, the Supreme Court’s decision may not alter the probability of obtaining a dismissal at the pleading stage in stock-drop cases....
September 9, 2014
Did the future course of “stock-drop” litigation under the Employee Retirement Income Security Act (ERISA) against fiduciaries of public company employee stock ownership plans (ESOPs) take a sharp turn on June 25, 2014, when the United States Supreme Court issued its unanimous opinion in Fifth Third Bancorp v. Dudenhoeffer? Maybe—but then again, maybe not. Ultimately, the Supreme Court’s decision may not alter the probability of obtaining a dismissal at the pleading stage in stock-drop cases....
NLRB Joint Employer Standard: Not Just for Franchises
September 9, 2014
A reworking of the National Labor Relations Board’s joint employer standard appears to be a near certainty. The first sign of a major change on the horizon came in May when the board issued a call for briefs on the current standard, in relation to a case that the Teamsters filed against Browning-Ferris Industries of California Inc., a waste-management services company. Then in July, NLRB general counsel Richard Griffin Jr. threatened to charge franchisor McDonalds USA over violations that allegedly...
September 9, 2014
A reworking of the National Labor Relations Board’s joint employer standard appears to be a near certainty. The first sign of a major change on the horizon came in May when the board issued a call for briefs on the current standard, in relation to a case that the Teamsters filed against Browning-Ferris Industries of California Inc., a waste-management services company. Then in July, NLRB general counsel Richard Griffin Jr. threatened to charge franchisor McDonalds USA over violations that allegedly...
Dancing Around Facebook Spoliation
September 8, 2014
It is the sort of scenario bound to raise the blood pressure or bring the heartburn of any litigator. Your client’s Facebook page features statements or photos that undermine or even outright contradict her claims or defenses in the litigation. Other postings may not even be particularly relevant to the case, but they certainly don’t portray the client in a flattering light. But just how far can a lawyer go in advising clients about “cleaning up” their Facebook page or other online presence? The...
September 8, 2014
It is the sort of scenario bound to raise the blood pressure or bring the heartburn of any litigator. Your client’s Facebook page features statements or photos that undermine or even outright contradict her claims or defenses in the litigation. Other postings may not even be particularly relevant to the case, but they certainly don’t portray the client in a flattering light. But just how far can a lawyer go in advising clients about “cleaning up” their Facebook page or other online presence? The...
ABA Advanced Mediation and Advocacy Skills Institute – Register by Sept. 12
September 8, 2014
October 16-17, 2014 | Hyatt Regency Riverwalk | 123 Losoya St San Antonio, TX 78205-2688 12th Annual Advanced Mediation...
September 8, 2014
October 16-17, 2014 | Hyatt Regency Riverwalk | 123 Losoya St San Antonio, TX 78205-2688 12th Annual Advanced Mediation...
Everyone’s an Amateur When It Comes to Negotiation
September 8, 2014
When Noah Hanft was general counsel and chief franchise officer of MasterCard Inc., he observed management colleagues deftly arrange deals for the big credit-card company. Yet when it came to their own careers, some executives' negotiation skills seemed to vanish. Mr. Hanft says he once refused to promote a senior manager because his 20-minute monologue pushing for an executive role showed "he couldn't communicate well." In May, the 61-year-old Mr. Hanft took charge of the International Institute...
September 8, 2014
When Noah Hanft was general counsel and chief franchise officer of MasterCard Inc., he observed management colleagues deftly arrange deals for the big credit-card company. Yet when it came to their own careers, some executives' negotiation skills seemed to vanish. Mr. Hanft says he once refused to promote a senior manager because his 20-minute monologue pushing for an executive role showed "he couldn't communicate well." In May, the 61-year-old Mr. Hanft took charge of the International Institute...
