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Mind the Gap: Bringing Technology to the Mediation Table
August 8, 2019
Alyson Carrel, Clinical Associate Professor and Assistant Dean of Law and Technology Initiatives at Northwestern University Pritzker School of Law, and Noam Ebner, Professor of Negotiation and Conflict Resolution in the Department of Interdisciplinary Studies at Creighton University, have published “Mind the Gap: Bringing Technology to the Mediation Table,” Journal of Dispute Resolution, 2019 (2), 1-45. In their journal article, the authors discuss incorporating beneficial...
August 8, 2019
Alyson Carrel, Clinical Associate Professor and Assistant Dean of Law and Technology Initiatives at Northwestern University Pritzker School of Law, and Noam Ebner, Professor of Negotiation and Conflict Resolution in the Department of Interdisciplinary Studies at Creighton University, have published “Mind the Gap: Bringing Technology to the Mediation Table,” Journal of Dispute Resolution, 2019 (2), 1-45. In their journal article, the authors discuss incorporating beneficial...
The Algorithm Will Hire Your Patent Lawyer Now
August 8, 2019
Klein thinks Ex Parte’s data-driven approach will make patent litigation more efficient by giving clients a better understanding of their odds—and which lawyers will improve them most. “We are able to develop a predictive model that can achieve what even the most experienced lawyer who has argued 20 cases in the Federal Circuit couldn’t possibly hope to achieve,” Klein, 52, said. “That is what’s happening across every other industry but has not yet made its way to the field of law.” Some...
August 8, 2019
Klein thinks Ex Parte’s data-driven approach will make patent litigation more efficient by giving clients a better understanding of their odds—and which lawyers will improve them most. “We are able to develop a predictive model that can achieve what even the most experienced lawyer who has argued 20 cases in the Federal Circuit couldn’t possibly hope to achieve,” Klein, 52, said. “That is what’s happening across every other industry but has not yet made its way to the field of law.” Some...
Bringing Oxytocin into the Room
August 7, 2019
It is clear that all conflicts are perceived by the senses, manifested through body language and kinesthetic sensations, embodied and given meaning by thoughts and ideas, steeped in intense emotions, made conscious through awareness, and then resolved by conversations and experiences and developed into character, expanding our capacity for openness and trust, and contributing to our learning and ability to change, and that all of these transpire or are processed inside the brain. To explain the etiology...
August 7, 2019
It is clear that all conflicts are perceived by the senses, manifested through body language and kinesthetic sensations, embodied and given meaning by thoughts and ideas, steeped in intense emotions, made conscious through awareness, and then resolved by conversations and experiences and developed into character, expanding our capacity for openness and trust, and contributing to our learning and ability to change, and that all of these transpire or are processed inside the brain. To explain the etiology...
Public Sees Benefits to Resolving Civil Court Cases Online
August 6, 2019
The creators of this country’s civil legal system more than 200 years ago set up a system that had to be navigated by lawyers....
August 6, 2019
The creators of this country’s civil legal system more than 200 years ago set up a system that had to be navigated by lawyers....
SCOTX Grants Petition For Review Over Local Government Arbitration Question
August 5, 2019
The Supreme Court of Texas agreed to consider whether the San Antonio River Authority must arbitrate a dispute related to the costs associated with a $10 million dam project. In San Antonio River Authority v. Austin Bridge & Road, L.P. and Hayward Baker Inc., No. 17-0905, the San Antonio River Authority (“River Authority”) entered into a construction contract to repair and stabilize the Medina Lake Dam with Austin Bridge & Road, L.P. (“Austin Bridge”) on behalf of itself...
August 5, 2019
The Supreme Court of Texas agreed to consider whether the San Antonio River Authority must arbitrate a dispute related to the costs associated with a $10 million dam project. In San Antonio River Authority v. Austin Bridge & Road, L.P. and Hayward Baker Inc., No. 17-0905, the San Antonio River Authority (“River Authority”) entered into a construction contract to repair and stabilize the Medina Lake Dam with Austin Bridge & Road, L.P. (“Austin Bridge”) on behalf of itself...
Don’t Call Me a Lawyer—I am a “Legal Engineer”
August 3, 2019
“Traditionally, lawyers write memos and make oral arguments,” Burt says. “As legal engineers, our job is not to write...
August 3, 2019
“Traditionally, lawyers write memos and make oral arguments,” Burt says. “As legal engineers, our job is not to write...
Automatically Extracting Meaning From Legal Texts: Opportunities and Challenges
August 2, 2019
This paper surveys three basic legal-text analytic techniques—ML, network diagrams, and question answering (QA)—and...
August 2, 2019
This paper surveys three basic legal-text analytic techniques—ML, network diagrams, and question answering (QA)—and...
The Effects of the Extant Clauses Limiting Auditor Liability on Audit Fees and Overall Reporting Quality
August 1, 2019
Regulators and shareholders generally oppose any restriction on clients' rights to sue their auditors, believing that such restrictions would impair reporting quality. However, the evidence suggests that the opposition to limitation of liability agreements (LLAs) between clients and auditors is likely unwarranted. Specifically, the evidence indicates that LLAs are beneficial to clients by lowering their audit fees. More importantly, we find no evidence that they impair financial reporting quality...
August 1, 2019
Regulators and shareholders generally oppose any restriction on clients' rights to sue their auditors, believing that such restrictions would impair reporting quality. However, the evidence suggests that the opposition to limitation of liability agreements (LLAs) between clients and auditors is likely unwarranted. Specifically, the evidence indicates that LLAs are beneficial to clients by lowering their audit fees. More importantly, we find no evidence that they impair financial reporting quality...
2018-2019 Term SCOTUS Arbitration Cases: What About Lamps Plus?
July 31, 2019
On April 24, 2019 in Lamps Plus Inc. v. Varela, 587 U.S. ___, No. 17-998 (April 24, 2019), the United States Supreme Court considered whether whether consent to class arbitration may be inferred from ambiguous contract language. In a 5-4 opinion written by Chief Justice John G. Roberts Jr. the Court held that ambiguity in and of itself was not enough to infer party consent to class arbitration. Parties would have to clearly express their consent to class arbitration before courts could impose...
July 31, 2019
On April 24, 2019 in Lamps Plus Inc. v. Varela, 587 U.S. ___, No. 17-998 (April 24, 2019), the United States Supreme Court considered whether whether consent to class arbitration may be inferred from ambiguous contract language. In a 5-4 opinion written by Chief Justice John G. Roberts Jr. the Court held that ambiguity in and of itself was not enough to infer party consent to class arbitration. Parties would have to clearly express their consent to class arbitration before courts could impose...
SCOTUS to Consider Whether Non-Signatory May Compel Arbitration Under New York Convention
July 30, 2019
The Supreme Court of the United States has agreed to resolve a circuit split regarding whether a non-signatory to an agreement to arbitrate may compel arbitration under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”) based on the doctrine of equitable estoppel. In GE Energy Power Conversion France SAS, Corp. v. Outokumpu Stainless USA, LLC, et al., No. 18-1048, the 11th Circuit Court of Appeals held a non-signatory...
July 30, 2019
The Supreme Court of the United States has agreed to resolve a circuit split regarding whether a non-signatory to an agreement to arbitrate may compel arbitration under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”) based on the doctrine of equitable estoppel. In GE Energy Power Conversion France SAS, Corp. v. Outokumpu Stainless USA, LLC, et al., No. 18-1048, the 11th Circuit Court of Appeals held a non-signatory...
