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Bargaining in the (Murky) Shadow of Arbitration
September 17, 2019
Jill Gross, Associate Dean for Academic Affairs and Professor of Law at Pace University’s Elisabeth Haub School of Law, has published “Bargaining in the (Murky) Shadow of Arbitration,” Harvard Negotiation Law Review, Vol. 24, 2019. In her journal article, Associate Dean Gross discusses some concerns related to using arbitration in commercial disputes. Here is the abstract: Disputing parties who are unable to settle their differences will end up before an adjudicator (typically...
September 17, 2019
Jill Gross, Associate Dean for Academic Affairs and Professor of Law at Pace University’s Elisabeth Haub School of Law, has published “Bargaining in the (Murky) Shadow of Arbitration,” Harvard Negotiation Law Review, Vol. 24, 2019. In her journal article, Associate Dean Gross discusses some concerns related to using arbitration in commercial disputes. Here is the abstract: Disputing parties who are unable to settle their differences will end up before an adjudicator (typically...
Court Enforces Arbitration Clause in “Modified Clickwrap”–Chen v. Sierra Trading Post
September 16, 2019
In general, courts try to divide contracts into either clickwraps or browsewraps. A reminder that I only use those terms to mock them for several reasons, including (1) those terms are not robust enough to cover the range of UIs encountered in the field; and (2) the classification does not always help courts reach a conclusion. As the court candidly acknowledges, the “relevant law shows that courts have not been uniform in their treatment of ‘clickwrap’ or ‘browsewrap’ agreements.” Like...
September 16, 2019
In general, courts try to divide contracts into either clickwraps or browsewraps. A reminder that I only use those terms to mock them for several reasons, including (1) those terms are not robust enough to cover the range of UIs encountered in the field; and (2) the classification does not always help courts reach a conclusion. As the court candidly acknowledges, the “relevant law shows that courts have not been uniform in their treatment of ‘clickwrap’ or ‘browsewrap’ agreements.” Like...
Fifth Circuit Holds Insurer Not Required to Fund Wage and Hour Arbitrations Due to Lack of Timely Notice
September 15, 2019
A divided Fifth Circuit Court of Appeals has affirmed an Eastern District of Texas order stating an insurance company was not obligated to pay costs related to a staffing agency’s wage and hour arbitrations with numerous workers because the agency failed to provide the insurer with timely notice of the first claim. In ADI Worldlink, L.L.C. v. RSUI Indemnity Company, No. 17-41050 (5th Cir., August 2, 2019), a staffing company, Worldlink, procured a one-year directors and officers liability...
September 15, 2019
A divided Fifth Circuit Court of Appeals has affirmed an Eastern District of Texas order stating an insurance company was not obligated to pay costs related to a staffing agency’s wage and hour arbitrations with numerous workers because the agency failed to provide the insurer with timely notice of the first claim. In ADI Worldlink, L.L.C. v. RSUI Indemnity Company, No. 17-41050 (5th Cir., August 2, 2019), a staffing company, Worldlink, procured a one-year directors and officers liability...
How to Boost Your Creativity
September 15, 2019
Can psychology help us become more creative? Our presenter Ginny Smith learns how we can develop our creativity with practice, and discovers that our best “Eureka” moments often come when we step away from the task at hand. She also investigates how members of the public fare with the riddles psychologists use to study creative problem solving — see how you get on at home.
September 15, 2019
Can psychology help us become more creative? Our presenter Ginny Smith learns how we can develop our creativity with practice, and discovers that our best “Eureka” moments often come when we step away from the task at hand. She also investigates how members of the public fare with the riddles psychologists use to study creative problem solving — see how you get on at home.
Utah Supreme Court Votes to Approve Pilot Allowing Non-Traditional Legal Services
September 14, 2019
The Utah Supreme Court voted unanimously yesterday to approve the recommendations of a work group that called for “profoundly reimagining the way legal services are regulated in order to harness the power of entrepreneurship, capital, and machine learning in the legal arena.” In an email, Supreme Court Justice Deno Himonas, who cochaired the Utah Work Group on Regulatory Reform, said that the court voted unanimously to pursue the recommendations laid out in the work group’s report.
September 14, 2019
The Utah Supreme Court voted unanimously yesterday to approve the recommendations of a work group that called for “profoundly reimagining the way legal services are regulated in order to harness the power of entrepreneurship, capital, and machine learning in the legal arena.” In an email, Supreme Court Justice Deno Himonas, who cochaired the Utah Work Group on Regulatory Reform, said that the court voted unanimously to pursue the recommendations laid out in the work group’s report.
Texas Court Holds that There was a Fact Issue on the Settlors’ Intent
September 13, 2019
The appeals court found that the "question of Ignacio’s and Myra’s intent was not shown by clear and convincing evidence as a matter of law." Instead, there was a scrivener's error, a mistake of fact that Ignacio and Myra only had two children. There was no dispute that the older daughter was Myra's natural child and Ignacio's adopted child. The Restatement (Third) of Property provides, “A donative document, though unambiguous, may be reformed to conform the text to the donor’s intention...
September 13, 2019
The appeals court found that the "question of Ignacio’s and Myra’s intent was not shown by clear and convincing evidence as a matter of law." Instead, there was a scrivener's error, a mistake of fact that Ignacio and Myra only had two children. There was no dispute that the older daughter was Myra's natural child and Ignacio's adopted child. The Restatement (Third) of Property provides, “A donative document, though unambiguous, may be reformed to conform the text to the donor’s intention...
An Offer You Can’t Refuse: How A.I. Is Poised to Transform Negotiations. Eye on A.I.
September 12, 2019
Jared Curhan is a professor at M.I.T.’s Sloan School of Management who specializes in negotiation. His particular...
September 12, 2019
Jared Curhan is a professor at M.I.T.’s Sloan School of Management who specializes in negotiation. His particular...
Lex Machina releases report on Employment Litigation in the Southeast
September 11, 2019
The Southern District of Texas was one of the busiest venues for employment litigation, according to a report recently released...
September 11, 2019
The Southern District of Texas was one of the busiest venues for employment litigation, according to a report recently released...
“Law Matters — Less Than We Thought” by Klerman and Spamann
September 10, 2019
Daniel M. Klerman (University of Southern California Gould School of Law) and Holger Spamann (University of Southern California Gould School of Law) have published "Law Matters -- Less Than We Thought" on SSRN. Here is the abstract: In a pre-registered 2×2×2 factorial between-subject randomized lab experiment with 61 federal judges, we test if the law influences judicial decisions, if it does so more under a rule than under a standard, and how its influence compares to that...
September 10, 2019
Daniel M. Klerman (University of Southern California Gould School of Law) and Holger Spamann (University of Southern California Gould School of Law) have published "Law Matters -- Less Than We Thought" on SSRN. Here is the abstract: In a pre-registered 2×2×2 factorial between-subject randomized lab experiment with 61 federal judges, we test if the law influences judicial decisions, if it does so more under a rule than under a standard, and how its influence compares to that...
Article on Probate Funding and the Litigation Funding Debate
September 9, 2019
Jeremy Kidd recently published an Article entitled, Probate Funding and the Litigation Funding Debate, 76 Wash &...
September 9, 2019
Jeremy Kidd recently published an Article entitled, Probate Funding and the Litigation Funding Debate, 76 Wash &...
