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Interpreting the Scope of Exclusion-From-Arbitration Clauses in the IP Rights Realm
March 6, 2019
The scope of arbitration clauses and exclusion-from-arbitration clauses are a common source of dispute. In the patent context, it is particularly important to understand the scope of exclusion-from-arbitration clauses concerning intellectual property rights. Recent case law provides guidance regarding whether exclusion-from-arbitration clauses for intellectual property rights cover defenses to patent infringement. In Verinata Health, Inc. v. Ariosa Diagnostics, Inc., (Fed....
March 6, 2019
The scope of arbitration clauses and exclusion-from-arbitration clauses are a common source of dispute. In the patent context, it is particularly important to understand the scope of exclusion-from-arbitration clauses concerning intellectual property rights. Recent case law provides guidance regarding whether exclusion-from-arbitration clauses for intellectual property rights cover defenses to patent infringement. In Verinata Health, Inc. v. Ariosa Diagnostics, Inc., (Fed....
Using Neuroscience to Understand Stress and Improve Mediation
March 5, 2019
People involved in conflict generally, and in mediation specifically, encounter many events that initiate the physiologic stress response. What is this response and what triggers it? How does the stress response impact judgment, decision-making, and memory? What can mediators do to minimize the deleterious effects of the stress response? Learning the answers to these questions can help to make a more effective mediator. Mediation creates many stress triggers. Participants may feel unprepared...
March 5, 2019
People involved in conflict generally, and in mediation specifically, encounter many events that initiate the physiologic stress response. What is this response and what triggers it? How does the stress response impact judgment, decision-making, and memory? What can mediators do to minimize the deleterious effects of the stress response? Learning the answers to these questions can help to make a more effective mediator. Mediation creates many stress triggers. Participants may feel unprepared...
Two Most Important Skills for Success in School and Beyond?
March 4, 2019
That's the conclusion from this important opinion piece in the New York Times - The Two Codes Your Kids Need to Know - that reports how the College Board, the non-profit organization that administers the SAT, sought to answer the following question: "Of all the skills tested by the SAT that correlate with success in college and beyond, which two are the most important?" The answer: mastering computer science and developing an understanding of the U.S. Constitution. Why computer science? The College...
March 4, 2019
That's the conclusion from this important opinion piece in the New York Times - The Two Codes Your Kids Need to Know - that reports how the College Board, the non-profit organization that administers the SAT, sought to answer the following question: "Of all the skills tested by the SAT that correlate with success in college and beyond, which two are the most important?" The answer: mastering computer science and developing an understanding of the U.S. Constitution. Why computer science? The College...
Federal Court Sends Data Privacy Dispute to Arbitration
March 4, 2019
The Northern District of Illinois has ordered a proposed class action data privacy lawsuit that was filed...
March 4, 2019
The Northern District of Illinois has ordered a proposed class action data privacy lawsuit that was filed...
Texas Supreme Court Addresses Attorneys’ Tech Competence
March 3, 2019
A Texas attorney’s duty to maintain competence in the practice of law includes knowing about relevant technology, according to a new Texas Supreme Court order. The court, in Misc. Docket No. 19-9016, amended Paragraph 8 of the comment to Rule 1.01 of the Texas Disciplinary Rules of Professional Conduct, which deals with competent and diligent legal representation. Under the amended comment, maintaining proficiency and competence in the practice of law includes knowing “the benefits and risks...
March 3, 2019
A Texas attorney’s duty to maintain competence in the practice of law includes knowing about relevant technology, according to a new Texas Supreme Court order. The court, in Misc. Docket No. 19-9016, amended Paragraph 8 of the comment to Rule 1.01 of the Texas Disciplinary Rules of Professional Conduct, which deals with competent and diligent legal representation. Under the amended comment, maintaining proficiency and competence in the practice of law includes knowing “the benefits and risks...
Struggling Law School Vows To Change Its Ways, Triple In Size
March 2, 2019
What’s a for-profit law school that’s down on its luck to do when all of its sister schools have already been forced to close? If you guessed that this law school would attempt to become a nonprofit university or find one to align itself with, you’d be right.
March 2, 2019
What’s a for-profit law school that’s down on its luck to do when all of its sister schools have already been forced to close? If you guessed that this law school would attempt to become a nonprofit university or find one to align itself with, you’d be right.
Chatbots are Coming to Lexis Advance, to Help Guide Your Legal Research
March 2, 2019
“What if legal research was more human, more like a conversation, the kinds we have among ourselves?” With that tantalizing...
March 2, 2019
“What if legal research was more human, more like a conversation, the kinds we have among ourselves?” With that tantalizing...
New Study about Consumer Arbitration
March 1, 2019
I just published a new study about the prevalence of consumer arbitration agreements: https://lawreview.law.ucdavis.edu/online/vol52/52-online-Szalai.pdf. Because of the expansive, permissive (and in many respects, flawed) legal framework for arbitration created by the Supreme Court, together with the ease of generating contracts through online transactions, arbitration agreements have exploded in American society. Conservatively, based on publicly-available data from just a few companies,...
March 1, 2019
I just published a new study about the prevalence of consumer arbitration agreements: https://lawreview.law.ucdavis.edu/online/vol52/52-online-Szalai.pdf. Because of the expansive, permissive (and in many respects, flawed) legal framework for arbitration created by the Supreme Court, together with the ease of generating contracts through online transactions, arbitration agreements have exploded in American society. Conservatively, based on publicly-available data from just a few companies,...
Wisconsin Ignores a Delegation Clause
March 1, 2019
Liz has written before about the ways that state courts sometimes try to resist SCOTUS’s love affair with arbitration. ...
March 1, 2019
Liz has written before about the ways that state courts sometimes try to resist SCOTUS’s love affair with arbitration. ...
New California Law Requires Attorneys to Obtain Consent from Parties Regarding Mediation Confidentiality
February 28, 2019
A new California law now requires attorneys to provide written disclosures to and obtain consent from their clients...
February 28, 2019
A new California law now requires attorneys to provide written disclosures to and obtain consent from their clients...
