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Second Circuit Remands Award to Arbitrator for Do-Over
October 29, 2019
Arbitrators are human and occasionally they make awards that cannot be squared with logic and law, and courts may, in appropriate circumstances, vacate those awards as being in manifest [disregard of] the agreement, or in some circuits, in manifest disregard of the law. The U.S. Court of Appeals for the Second Circuit considered such an award in Weiss v. Sallie Mae, Inc., ___ F.3d ___, No. 18-2362, slip op. (Sept. 12, 2019), and solved the problem in a way that imposed minimal costs and delay on the parties...
October 29, 2019
Arbitrators are human and occasionally they make awards that cannot be squared with logic and law, and courts may, in appropriate circumstances, vacate those awards as being in manifest [disregard of] the agreement, or in some circuits, in manifest disregard of the law. The U.S. Court of Appeals for the Second Circuit considered such an award in Weiss v. Sallie Mae, Inc., ___ F.3d ___, No. 18-2362, slip op. (Sept. 12, 2019), and solved the problem in a way that imposed minimal costs and delay on the parties...
Pouring a Little Psychological Cold Water on ODR (Online Dispute Resolution)
October 28, 2019
This Article examines the strengths and weaknesses of ODR (online dispute resolution) from a psychological perspective. It makes five main points: (1) The phrase ODR is too broad to be useful. This phrase encompasses many different kinds of technology (computer, phone, video, mechanical pencil), many different kinds of dispute resolution (litigation, negotiation, arbitration, mediation), disputes arising in many different contexts (consumer, family, property, tax, employment, etc.), and many...
October 28, 2019
This Article examines the strengths and weaknesses of ODR (online dispute resolution) from a psychological perspective. It makes five main points: (1) The phrase ODR is too broad to be useful. This phrase encompasses many different kinds of technology (computer, phone, video, mechanical pencil), many different kinds of dispute resolution (litigation, negotiation, arbitration, mediation), disputes arising in many different contexts (consumer, family, property, tax, employment, etc.), and many...
vLex Partners to Add 400,000 Blog Posts to Global Research Collection
October 26, 2019
The international legal research service vLex has partnered with the legal blogging company LexBlog to add more than 400,000 law-related blog posts to its collection of legal-research materials, which currently spans some 100 jurisdictions, including the United States. As a result of this partnership, legal researchers using vLex will now have direct access to legal news, insights and analysis from the LexBlog network of more than 23,000 individual bloggers writing on more...
October 26, 2019
The international legal research service vLex has partnered with the legal blogging company LexBlog to add more than 400,000 law-related blog posts to its collection of legal-research materials, which currently spans some 100 jurisdictions, including the United States. As a result of this partnership, legal researchers using vLex will now have direct access to legal news, insights and analysis from the LexBlog network of more than 23,000 individual bloggers writing on more...
Will artificial intelligence replace human lawyering?
October 25, 2019
This article argues "no" - at least not when it comes to uniquely human skills like empathy, imagination, and creativity. (But see this new book by Professor Arthur Miller - no, not that one - who argues that when it comes to creativity, AI will eventually surpass the human ability to create in truly novel ways). The article, by Professors Julie A. Oseid (St. Thomas - Minn.), Amy Vorenberg (UNH), and Melissa Love Koenig (Marquette) is called Ok, Google, Will...
October 25, 2019
This article argues "no" - at least not when it comes to uniquely human skills like empathy, imagination, and creativity. (But see this new book by Professor Arthur Miller - no, not that one - who argues that when it comes to creativity, AI will eventually surpass the human ability to create in truly novel ways). The article, by Professors Julie A. Oseid (St. Thomas - Minn.), Amy Vorenberg (UNH), and Melissa Love Koenig (Marquette) is called Ok, Google, Will...
Arbitration-Rules Violation ≠ Vacatur
October 24, 2019
Walker and Ameriprise Financial, pursuant to their agreement, arbitrated their dispute under FINRA rules. Walker argued that the panel “exceeded its powers,” and thus fell within a statutory ground for vacatur of the arbitration award. The Fifth Circuit disagreed: “’An arbitrator exceeds his powers [under § 10(a)(4)] if he acts contrary to express contractual provisions.’ Walker does not argue that the panel violated any express provisions of the arbitration agreement, but only that it incorrectly...
October 24, 2019
Walker and Ameriprise Financial, pursuant to their agreement, arbitrated their dispute under FINRA rules. Walker argued that the panel “exceeded its powers,” and thus fell within a statutory ground for vacatur of the arbitration award. The Fifth Circuit disagreed: “’An arbitrator exceeds his powers [under § 10(a)(4)] if he acts contrary to express contractual provisions.’ Walker does not argue that the panel violated any express provisions of the arbitration agreement, but only that it incorrectly...
Psychological Barriers to Resolving Intergroup Conflict: An Extensive Review and Consolidation of the Literature
October 23, 2019
This article reviews over sixty years of research on psychological barriers to intergroup conflict resolution and finds that scholars have identified eighty nominally different barriers that create or exacerbate intergroup conflict. In order to create a tractable list that would be more helpful to future scholars and practitioners, we consolidate this vast literature (e.g., by eliminating substantive and conceptual redundancies) to produce a list of twenty‐six “unique” psychological barriers....
October 23, 2019
This article reviews over sixty years of research on psychological barriers to intergroup conflict resolution and finds that scholars have identified eighty nominally different barriers that create or exacerbate intergroup conflict. In order to create a tractable list that would be more helpful to future scholars and practitioners, we consolidate this vast literature (e.g., by eliminating substantive and conceptual redundancies) to produce a list of twenty‐six “unique” psychological barriers....
Super Lawyers Recognizes Mediator Don Philbin for Tenth Consecutive Year
October 22, 2019
Attorney-Mediator Don Philbin has been recognized in: Texas Super Lawyers (since 2010)Chambers USA 2019Best...
October 22, 2019
Attorney-Mediator Don Philbin has been recognized in: Texas Super Lawyers (since 2010)Chambers USA 2019Best...
Guided Choice Mediation – A Better Way To Settle Disputes
October 21, 2019
Despite training by some of the best mediation educators over the last 20 years, it was only fairly recently that I became aware of the name given to the mediation process known as “Guided Choice.” Championed most notably by Paul M. Lurie, Guided Choice Mediation is really a thoughtful organization and bundling of certain practices that together lead to better mediation results. Without an awareness that these concepts had a name, I had through experience gravitated to many of them in my mediation...
October 21, 2019
Despite training by some of the best mediation educators over the last 20 years, it was only fairly recently that I became aware of the name given to the mediation process known as “Guided Choice.” Championed most notably by Paul M. Lurie, Guided Choice Mediation is really a thoughtful organization and bundling of certain practices that together lead to better mediation results. Without an awareness that these concepts had a name, I had through experience gravitated to many of them in my mediation...
Failing Technology a Reason For Some Bar Association Declines
October 19, 2019
The New York Law Journal’s Susan DeSantis reports that it’s survival of the fittest as membership declines in bar associations. In New York, State Bar President, Hank Greenberg of Greenberg Traurig believes failing technology is the primary reason for his state’s steep membership declines. From DeSantis: “Membership has been declining since 2012, and Greenberg thinks it’s because the state bar is relying on a website infrastructure that was built...
October 19, 2019
The New York Law Journal’s Susan DeSantis reports that it’s survival of the fittest as membership declines in bar associations. In New York, State Bar President, Hank Greenberg of Greenberg Traurig believes failing technology is the primary reason for his state’s steep membership declines. From DeSantis: “Membership has been declining since 2012, and Greenberg thinks it’s because the state bar is relying on a website infrastructure that was built...
Litigation Finance Startup Legalist Raises $100 Million to Fund Lawsuits
October 18, 2019
Legalist, a San Francisco-based litigation finance company started by two Harvard University dropouts and advised by retired 7th U.S. Circuit Court of Appeals Judge Richard Posner, has just raised $100 million, which it will use to fund plaintiffs in 100-200 commercial cases over the next two years. Legalist scrapes federal and state court records and then uses algorithms to predict case outcomes and determine the best cases in which to invest. It invests exclusively in mid-market cases that...
October 18, 2019
Legalist, a San Francisco-based litigation finance company started by two Harvard University dropouts and advised by retired 7th U.S. Circuit Court of Appeals Judge Richard Posner, has just raised $100 million, which it will use to fund plaintiffs in 100-200 commercial cases over the next two years. Legalist scrapes federal and state court records and then uses algorithms to predict case outcomes and determine the best cases in which to invest. It invests exclusively in mid-market cases that...
