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How to ‘Own the Anchor’ in Settlements
May 10, 2019
Anchoring occurs in third-party settlement negotiations when one side throws out a number in an effort to influence—or “anchor”—the way the opposing party values a claim. Our experience shows that anchoring directly affects the settlement value of injury claims, so it’s critically important for insurance adjusters to “own the anchor” in negotiations.
May 10, 2019
Anchoring occurs in third-party settlement negotiations when one side throws out a number in an effort to influence—or “anchor”—the way the opposing party values a claim. Our experience shows that anchoring directly affects the settlement value of injury claims, so it’s critically important for insurance adjusters to “own the anchor” in negotiations.
Article on Three Options for a Private Business in a Divorce
May 9, 2019
Justin T. Miller recently published an Article entitled, Three Options for a Private Business in a Divorce, Probate and Property Magazine, Vol. 33 No. 2, March/April 2019. Provided below is the introduction to the Article. As part of the marital dissolution process, spouses generally need to identify, value, and divide assets. For certain types of property, such as bank accounts, the process is fairly simple. But what do you do if the spouses have an ownership interest in a private business? The...
May 9, 2019
Justin T. Miller recently published an Article entitled, Three Options for a Private Business in a Divorce, Probate and Property Magazine, Vol. 33 No. 2, March/April 2019. Provided below is the introduction to the Article. As part of the marital dissolution process, spouses generally need to identify, value, and divide assets. For certain types of property, such as bank accounts, the process is fairly simple. But what do you do if the spouses have an ownership interest in a private business? The...
How Probable is “Plausible”?
May 8, 2019
The federal pleading threshold is probably the most confronted, least understood, threshold in American law. We know that...
May 8, 2019
The federal pleading threshold is probably the most confronted, least understood, threshold in American law. We know that...
Mediator Don Philbin Ranked in Chambers USA 2019
May 7, 2019
In its 2019 guide to the top lawyers in the United States, Chambers USA ranked Attorney-Mediator Don Philbin on the nationwide...
May 7, 2019
In its 2019 guide to the top lawyers in the United States, Chambers USA ranked Attorney-Mediator Don Philbin on the nationwide...
Business Valuations in Divorce
May 6, 2019
From Texas Lawyer: Depending on each spouse’s perspective, business valuation in a divorce can lead to sticker shock, disappointment, or both. The business operating spouse (who wants to keep the business after the divorce) usually wants the business to have a lower value, so they can be awarded both the business as well as other marital assets. The other spouse generally wants the business valued higher, so they can receive a larger portion of the other assets or, better yet, all of the other...
May 6, 2019
From Texas Lawyer: Depending on each spouse’s perspective, business valuation in a divorce can lead to sticker shock, disappointment, or both. The business operating spouse (who wants to keep the business after the divorce) usually wants the business to have a lower value, so they can be awarded both the business as well as other marital assets. The other spouse generally wants the business valued higher, so they can receive a larger portion of the other assets or, better yet, all of the other...
Affect in the Aftermath: How Goal Pursuit Influences Implicit Evaluations
May 5, 2019
Previous research has shown that the activation of a goal leads to more implicit positivity toward goal-relevant stimuli. We examined how the actual pursuit of a goal influences subsequent implicit positivity toward such stimuli. Participants were consciously or non-consciously primed with a goal, or not, and then completed a goal-relevant task on which they succeeded or failed. We then measured their goal-relevant implicit attitudes. Those who were primed with the goal (consciously or non-consciously)...
May 5, 2019
Previous research has shown that the activation of a goal leads to more implicit positivity toward goal-relevant stimuli. We examined how the actual pursuit of a goal influences subsequent implicit positivity toward such stimuli. Participants were consciously or non-consciously primed with a goal, or not, and then completed a goal-relevant task on which they succeeded or failed. We then measured their goal-relevant implicit attitudes. Those who were primed with the goal (consciously or non-consciously)...
Lawyers and Twitter: Six Ways To Make People Like You
May 4, 2019
Each of Carnegie’s points apply to how you as a lawyer can use Twitter to make people like you. Become genuinely interested in other people. Smile. Remember that a person’s name is, to that person, the sweetest and most important sound in any language. Be a good listener. Encourage others to talk about themselves. Talk in terms of the other person’s interest. Make the other person feel important – and do it sincerely.
May 4, 2019
Each of Carnegie’s points apply to how you as a lawyer can use Twitter to make people like you. Become genuinely interested in other people. Smile. Remember that a person’s name is, to that person, the sweetest and most important sound in any language. Be a good listener. Encourage others to talk about themselves. Talk in terms of the other person’s interest. Make the other person feel important – and do it sincerely.
When Ambiguity is Ambiguous
May 3, 2019
I am always fascinated by cases where the courts can't agree whether a contract is ambiguous or not. The very fact of there being disagreement should probably point to the contract being ambiguous, right? A recent case out of Pennsylvania, SBA Towers II LLC v. Wireless Holdings, LLC, No. 325 WDA 2018, gives us another example. The lower court and the majority on appeal found that the clause in question was ambiguous. A partial concurrence/dissent, however, would have held that the contract...
May 3, 2019
I am always fascinated by cases where the courts can't agree whether a contract is ambiguous or not. The very fact of there being disagreement should probably point to the contract being ambiguous, right? A recent case out of Pennsylvania, SBA Towers II LLC v. Wireless Holdings, LLC, No. 325 WDA 2018, gives us another example. The lower court and the majority on appeal found that the clause in question was ambiguous. A partial concurrence/dissent, however, would have held that the contract...
WIPO Arbitration and Mediation Center Received Record Number of Case Requests in 2018
May 2, 2019
The World Intellectual Property Organization (“WIPO”) has announced its Arbitration and Mediation Center received...
May 2, 2019
The World Intellectual Property Organization (“WIPO”) has announced its Arbitration and Mediation Center received...
The Wind Blows Away From Arbitration
May 1, 2019
Papalote, a wind-power producer, had a dispute with the Lower Colorado River Authority; a key issue was whether a $60 million limitation-of-liability clause applied. Their contract had an arbitration provision that applied “if any dispute arises with respect to either Party’s performance.” The Fifth Circuit found that the dispute was not subject to arbitration, as it “is a dispute related to the the interpretation of the Agreement, not a performance-related dispute . . . ..” Papalote...
May 1, 2019
Papalote, a wind-power producer, had a dispute with the Lower Colorado River Authority; a key issue was whether a $60 million limitation-of-liability clause applied. Their contract had an arbitration provision that applied “if any dispute arises with respect to either Party’s performance.” The Fifth Circuit found that the dispute was not subject to arbitration, as it “is a dispute related to the the interpretation of the Agreement, not a performance-related dispute . . . ..” Papalote...
