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Using Arbitration Agreements to Waive the Right to Petition for Inter Partes Review
March 25, 2019
Since the Leahy–Smith America Invents Act (“AIA”) became effective in 2012, Inter Partes Review (“IPR”)...
March 25, 2019
Since the Leahy–Smith America Invents Act (“AIA”) became effective in 2012, Inter Partes Review (“IPR”)...
You Might Be a Robot
March 24, 2019
As robots and artificial intelligence (AI) increase their influence over society, policymakers are increasingly regulating them. But to regulate these technologies, we first need to know what they are. And here we come to a problem. No one has been able to offer a decent definition of robots and AI — not even experts. What’s more, technological advances make it harder and harder each day to tell people from robots and robots from “dumb” machines. We’ve already seen disastrous legal definitions...
March 24, 2019
As robots and artificial intelligence (AI) increase their influence over society, policymakers are increasingly regulating them. But to regulate these technologies, we first need to know what they are. And here we come to a problem. No one has been able to offer a decent definition of robots and AI — not even experts. What’s more, technological advances make it harder and harder each day to tell people from robots and robots from “dumb” machines. We’ve already seen disastrous legal definitions...
Racing Against China, U.S. Reveals Details of $500 Million Supercomputer
March 23, 2019
The Department of Energy disclosed details on Monday of one of the most expensive computers being built: a $500 million machine based on Intel and Cray technology that may become crucial in a high-stakes technology race between the United States and China. The supercomputer, called Aurora, is a retooling of a development effort first announced in 2015 and is scheduled to be delivered to the Argonne National Laboratory near Chicago in 2021. Lab officials predict it will be the first...
March 23, 2019
The Department of Energy disclosed details on Monday of one of the most expensive computers being built: a $500 million machine based on Intel and Cray technology that may become crucial in a high-stakes technology race between the United States and China. The supercomputer, called Aurora, is a retooling of a development effort first announced in 2015 and is scheduled to be delivered to the Argonne National Laboratory near Chicago in 2021. Lab officials predict it will be the first...
Proposed Texas Legislation Aims to Prevent Surprise Medical Bills Through Mediation
March 22, 2019
The 86th Texas Legislature is considering a bi-partisan bill that would require health insurance companies to mediate any cost...
March 22, 2019
The 86th Texas Legislature is considering a bi-partisan bill that would require health insurance companies to mediate any cost...
Another Proposed Class Action Data Breach Lawsuit Ordered to Individual Arbitration
March 21, 2019
In an unpublished opinion, a California federal district court issued an order compelling a putative class...
March 21, 2019
In an unpublished opinion, a California federal district court issued an order compelling a putative class...
Never Give Up: Perseverance In Mediation – And Life?
March 20, 2019
In this post, I return to a familiar theme for mediators and for lawyers acting for clients in mediation: perseverance. • It is really important not to assume that what the other side say is what they really mean• Even if it is what they mean at a particular point in time, that may change for a number of reasons• Your job (as lawyer/mediator) is to challenge assumptions and keep looking for new angles and ways to see things• That involves the classic techniques of really good questioning,...
March 20, 2019
In this post, I return to a familiar theme for mediators and for lawyers acting for clients in mediation: perseverance. • It is really important not to assume that what the other side say is what they really mean• Even if it is what they mean at a particular point in time, that may change for a number of reasons• Your job (as lawyer/mediator) is to challenge assumptions and keep looking for new angles and ways to see things• That involves the classic techniques of really good questioning,...
Relooking at Consent in Arbitration
March 19, 2019
Consent has long been accepted as the cornerstone of arbitration, until recently. The evolution and expansion of arbitration brought about diverging opinions on the consensual character of arbitration. For example, Stavros Brekoulakis suggested that “[w]hile … a functional concept of consent may enhance the effectiveness of arbitration clauses in complex transactions, it is very difficult to reconcile with fundamental principles of consent.” 1) In the context of binding non-signatories...
March 19, 2019
Consent has long been accepted as the cornerstone of arbitration, until recently. The evolution and expansion of arbitration brought about diverging opinions on the consensual character of arbitration. For example, Stavros Brekoulakis suggested that “[w]hile … a functional concept of consent may enhance the effectiveness of arbitration clauses in complex transactions, it is very difficult to reconcile with fundamental principles of consent.” 1) In the context of binding non-signatories...
A Model Clause for a New Kind of Final Offer Arbitration
March 18, 2019
A recent post discussed the upsides and downsides of the so-called Final Offer Arbitration (“FOA”) also known as Baseball Arbitration. In short, in an FOA, instead of crafting an award from scratch, the arbitral tribunal simply has to pick either party’s final offer on the claims and elevate it to the final award, usually without making any changes or additions. Some institutional rules, however, do allow tribunals to provide supplementary reasons to justify their choice. This...
March 18, 2019
A recent post discussed the upsides and downsides of the so-called Final Offer Arbitration (“FOA”) also known as Baseball Arbitration. In short, in an FOA, instead of crafting an award from scratch, the arbitral tribunal simply has to pick either party’s final offer on the claims and elevate it to the final award, usually without making any changes or additions. Some institutional rules, however, do allow tribunals to provide supplementary reasons to justify their choice. This...
Will Robot Lawyers Take Our Jobs?
March 17, 2019
In many private law firms, AI is increasingly seen as the key to accomplishing the drudge work that has long been the province of young associates, contract counsel, and paralegals. From assisting with document review and due diligence to legal research and drafting routine documents, the use of AI tools has yielded a competitive edge for some. In April 2018, employment firm Ogletree, Deakins, Nash, Smoak & Stewart announced a licensing deal with LegalMation. Using the company’s AI platform...
March 17, 2019
In many private law firms, AI is increasingly seen as the key to accomplishing the drudge work that has long been the province of young associates, contract counsel, and paralegals. From assisting with document review and due diligence to legal research and drafting routine documents, the use of AI tools has yielded a competitive edge for some. In April 2018, employment firm Ogletree, Deakins, Nash, Smoak & Stewart announced a licensing deal with LegalMation. Using the company’s AI platform...
The Southwest Effect: How the Airline Changed the Legal Landscape in Texas
March 16, 2019
Herb Kelleher, the co-founder and longtime chief executive of Southwest Airlines who died in January at the age of 87, almost certainly didn’t set out to change the legal landscape in Texas. It was the untapped potential in the Texas skies he was after.
March 16, 2019
Herb Kelleher, the co-founder and longtime chief executive of Southwest Airlines who died in January at the age of 87, almost certainly didn’t set out to change the legal landscape in Texas. It was the untapped potential in the Texas skies he was after.
