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Interpreting the Scope of Exclusion-From-Arbitration Clauses in the IP Rights Realm
February 28, 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....
February 28, 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....
Arbitration 101: A Reminder that Review of Arbitral Awards is Narrow
February 27, 2019
Pick up any textbook or treatise on arbitration law, and you’ll find the same thing in the chapter on enforcing arbitral awards: courts cannot conduct a merits review of awards. Courts, in other words, do not second guess the conclusions of the arbitrators about law or facts. Or at least they’re not supposed to do so. Still, losing parties often try to convince a reviewing court that the arbitrator “exceeded her powers.” These sorts of excess of authority arguments have become...
February 27, 2019
Pick up any textbook or treatise on arbitration law, and you’ll find the same thing in the chapter on enforcing arbitral awards: courts cannot conduct a merits review of awards. Courts, in other words, do not second guess the conclusions of the arbitrators about law or facts. Or at least they’re not supposed to do so. Still, losing parties often try to convince a reviewing court that the arbitrator “exceeded her powers.” These sorts of excess of authority arguments have become...
What Does the Big 4’s Legal Tech Push Mean for Law Firms?
February 26, 2019
As the Big 4 accounting companies are starting to invest more heavily in legal tech, will law firms need to stay on their...
February 26, 2019
As the Big 4 accounting companies are starting to invest more heavily in legal tech, will law firms need to stay on their...
Ninth Circuit Agrees We Are “Arbitration Nation”, Vacates Arbitration Award
February 26, 2019
First, SCOTUSblog referenced “arbitration nation” last fall, which was flattering. Then last week the Ninth Circuit declared: “we have become an arbitration nation.” That was basically the title of my first post on this blog seven years ago! (“We are becoming an arbitration nation.”) I am going to turn up the Janet Jackson (“Rhythm Nation”) and feel smugly validated while I draft the rest of this post. Because there...
February 26, 2019
First, SCOTUSblog referenced “arbitration nation” last fall, which was flattering. Then last week the Ninth Circuit declared: “we have become an arbitration nation.” That was basically the title of my first post on this blog seven years ago! (“We are becoming an arbitration nation.”) I am going to turn up the Janet Jackson (“Rhythm Nation”) and feel smugly validated while I draft the rest of this post. Because there...
Changing the Game: How Data Analytics Is Upending Baseball
February 25, 2019
As with most other industries, data analytics is becoming the litmus test for big deals in professional baseball as well. “The analytics group has made its mark,” said Wharton statistics professor Abraham (Adi) Wyner, who is also chair of the undergraduate program in statistics. He is also a host of the Wharton Moneyball program on Wharton Business Radio on SiriusXM. Wyner drew a parallel between how valuation is done for corporate M&A deals, keeping in mind the net present...
February 25, 2019
As with most other industries, data analytics is becoming the litmus test for big deals in professional baseball as well. “The analytics group has made its mark,” said Wharton statistics professor Abraham (Adi) Wyner, who is also chair of the undergraduate program in statistics. He is also a host of the Wharton Moneyball program on Wharton Business Radio on SiriusXM. Wyner drew a parallel between how valuation is done for corporate M&A deals, keeping in mind the net present...
Tech Giant Google to End Mandatory Arbitration for Employees
February 25, 2019
Multinational technology company Google has reportedly announced it will no longer require mandatory arbitration of employee disputes with the company effective March 21, 2019. The company’s new arbitration policy will apply to Google employees as well as individuals who work for entities that exist under the Google legal umbrella such as the Access broadband unit and the DeepMind artificial intelligence program. The mandatory arbitration change will not, however,...
February 25, 2019
Multinational technology company Google has reportedly announced it will no longer require mandatory arbitration of employee disputes with the company effective March 21, 2019. The company’s new arbitration policy will apply to Google employees as well as individuals who work for entities that exist under the Google legal umbrella such as the Access broadband unit and the DeepMind artificial intelligence program. The mandatory arbitration change will not, however,...
How Do We Learn to Work with Intelligent Machines?
February 24, 2019
The path to skill around the globe has been the same for thousands of years: train under an expert and take on small, easy...
February 24, 2019
The path to skill around the globe has been the same for thousands of years: train under an expert and take on small, easy...
Runners Get A Wellbeing Boost From Participating In Organised Races
February 24, 2019
A recent study suggests it’s worth a go – Marzena Cypryańska and John Nezlek report in The Journal of Positive Psychology that recreational runners were happier and more satisfied with life during weeks in which they had taken part in an organised race. The pair believe this is because the main aim for most people who take part in (non-elite) organised races is simply to complete the course (which virtually all entrants do). Therefore “no one loses, no matter how long they take to finish”...
February 24, 2019
A recent study suggests it’s worth a go – Marzena Cypryańska and John Nezlek report in The Journal of Positive Psychology that recreational runners were happier and more satisfied with life during weeks in which they had taken part in an organised race. The pair believe this is because the main aim for most people who take part in (non-elite) organised races is simply to complete the course (which virtually all entrants do). Therefore “no one loses, no matter how long they take to finish”...
Conference on Data Science and Law
February 23, 2019
Prof. Elliott Ash (ETH-Zurich) passed along information on a conference submission deadline extension for the Conference on Data Science and Law, hosted by ETH-Zurich, Switzerland, on 7-8 June 2019. The conference’s submission deadline is now: 12 Feb. 2019. An excerpted conference description and related information follow. “Interest is growing among scholars from a variety of disciplines and across the globe in research at the intersection of data science and law. In recent years,...
February 23, 2019
Prof. Elliott Ash (ETH-Zurich) passed along information on a conference submission deadline extension for the Conference on Data Science and Law, hosted by ETH-Zurich, Switzerland, on 7-8 June 2019. The conference’s submission deadline is now: 12 Feb. 2019. An excerpted conference description and related information follow. “Interest is growing among scholars from a variety of disciplines and across the globe in research at the intersection of data science and law. In recent years,...
People With Advantageous Personality Traits Have More Nerve-Fibre Insulation (Myelination) In Key Brain Areas
February 23, 2019
Researchers are getting closer to understanding the neurological basis of personality. For a new paper in the Journal of Personality, Nicola Toschi and Luca Passamonti took advantage of a recent technological breakthrough that makes it possible to use scans to estimate levels of myelination in different brain areas (until fairly recently this could only be done at postmortem). Myelin is a fatty substance that insulates nerve fibres and speeds up information processing in the brain...
February 23, 2019
Researchers are getting closer to understanding the neurological basis of personality. For a new paper in the Journal of Personality, Nicola Toschi and Luca Passamonti took advantage of a recent technological breakthrough that makes it possible to use scans to estimate levels of myelination in different brain areas (until fairly recently this could only be done at postmortem). Myelin is a fatty substance that insulates nerve fibres and speeds up information processing in the brain...
