Menu
Blog Archives
Adopting Analytics in Legal Practice
January 29, 2019
Many aspects of legal practice are being transformed by the availability of better analytics and better tools for using...
January 29, 2019
Many aspects of legal practice are being transformed by the availability of better analytics and better tools for using...
ND California Orders FCRA Case to Arbitration Based on Lyft Ride-Sharing App’s TOS
January 28, 2019
The Northern District of California has ordered a proposed class action lawsuit that was filed against ride-sharing app Lyft and based on purported violations of the Fair Credit Reporting Act (“FCRA”) to arbitration. In Peterson v. Lyft, Inc., No. 16-CV-07343-LB (N.D. Cal., November 19, 2018), a California man, Peterson, downloaded and installed the Lyft app on his mobile phone in order to create an account with the company on two separate occasions....
January 28, 2019
The Northern District of California has ordered a proposed class action lawsuit that was filed against ride-sharing app Lyft and based on purported violations of the Fair Credit Reporting Act (“FCRA”) to arbitration. In Peterson v. Lyft, Inc., No. 16-CV-07343-LB (N.D. Cal., November 19, 2018), a California man, Peterson, downloaded and installed the Lyft app on his mobile phone in order to create an account with the company on two separate occasions....
Wordcloud of #Legalweek19 Agenda Reveals the Show’s Dominant Themes
January 28, 2019
Every year, the folks at the legal marketing and public relations firm InsideLegal analyze the agenda of the Legalweek/Legaltech conference and create a wordcloud revealing the show’s major and not-so-major themes. E-discovery is still a major theme this year, but it no longer dominates the show. Other major themes revealed by the wordcloud are innovation, data, risk, artificial intelligence, business, litigation and legal department.
January 28, 2019
Every year, the folks at the legal marketing and public relations firm InsideLegal analyze the agenda of the Legalweek/Legaltech conference and create a wordcloud revealing the show’s major and not-so-major themes. E-discovery is still a major theme this year, but it no longer dominates the show. Other major themes revealed by the wordcloud are innovation, data, risk, artificial intelligence, business, litigation and legal department.
Updated Examples of Negotiation Theory
January 27, 2019
The stalemate in Washington D.C. has numerous pundits commenting on the negotiation strategies of the primary actors but I am going to just highlight a few from our colleagues. First, Russell Korobkin accurately predicted how the LA strike might end while the federal shutdown would not in his L.A. Times Op-ed last week. As he noted, If deals favoring either side of these disputes would be better for both than no deal at all, why are L.A. teachers on picket lines and national park rangers...
January 27, 2019
The stalemate in Washington D.C. has numerous pundits commenting on the negotiation strategies of the primary actors but I am going to just highlight a few from our colleagues. First, Russell Korobkin accurately predicted how the LA strike might end while the federal shutdown would not in his L.A. Times Op-ed last week. As he noted, If deals favoring either side of these disputes would be better for both than no deal at all, why are L.A. teachers on picket lines and national park rangers...
World’s Most Expensive Divorce
January 27, 2019
From Bloomberg: Amazon.com Inc. founder Jeff Bezos and his wife MacKenzie are divorcing after a relationship that started at a New York hedge fund and is ending a little more than a year after he became the world’s richest person. ... Jeff and MacKenzie Bezos met in New York at D.E. Shaw. Jeff was the first person to interview MacKenzie for a role at the hedge fund and the pair ended up having offices next to each other, according to a 2013 interview with Vogue. They married...
January 27, 2019
From Bloomberg: Amazon.com Inc. founder Jeff Bezos and his wife MacKenzie are divorcing after a relationship that started at a New York hedge fund and is ending a little more than a year after he became the world’s richest person. ... Jeff and MacKenzie Bezos met in New York at D.E. Shaw. Jeff was the first person to interview MacKenzie for a role at the hedge fund and the pair ended up having offices next to each other, according to a 2013 interview with Vogue. They married...
Computer Model Identifies Risky Restaurants in Near Real Time
January 26, 2019
Foodborne illnesses are a persistent problem in the U.S. and current methods by restaurants and local health departments for determining an outbreak rely primarily on consumer complaints or routine inspections. The authors contend that these methods can be slow and cumbersome, often resulting in delayed responses and further spread of disease. To counter these shortcomings, Google researchers developed a machine-learned model and worked with Harvard to test it in Chicago and Las Vegas. The model...
January 26, 2019
Foodborne illnesses are a persistent problem in the U.S. and current methods by restaurants and local health departments for determining an outbreak rely primarily on consumer complaints or routine inspections. The authors contend that these methods can be slow and cumbersome, often resulting in delayed responses and further spread of disease. To counter these shortcomings, Google researchers developed a machine-learned model and worked with Harvard to test it in Chicago and Las Vegas. The model...
Does this make sense to you? AI in the insurance industry??
January 26, 2019
Businessinsurance.com reported that “Artificial intelligence and other technologies hold great promise for the insurance industry but are not without issues, such as adoption and security…” The January 17, 2019 article entitled “AI holds promise for insurance industry, but with caveats” is based on a “panel of insurance and technology industry executives speaking at the Insurance Information Institute’s Joint Industry Forum in New York” who opined: There are two areas that...
January 26, 2019
Businessinsurance.com reported that “Artificial intelligence and other technologies hold great promise for the insurance industry but are not without issues, such as adoption and security…” The January 17, 2019 article entitled “AI holds promise for insurance industry, but with caveats” is based on a “panel of insurance and technology industry executives speaking at the Insurance Information Institute’s Joint Industry Forum in New York” who opined: There are two areas that...
Damage Caps and Defensive Medicine: Reexamination with Patient‐Level Data
January 25, 2019
Physicians often claim that they practice “defensive medicine,” including ordering extra imaging and laboratory tests, due to fear of malpractice liability. Caps on noneconomic damages are the principal proposed remedy. Do these caps in fact reduce testing, overall health‐care spending, or both? We study the effects of “third‐wave” damage caps, adopted in the 2000s, on specific areas that are expected to be sensitive to med mal risk: imaging rates, cardiac interventions, and lab and radiology...
January 25, 2019
Physicians often claim that they practice “defensive medicine,” including ordering extra imaging and laboratory tests, due to fear of malpractice liability. Caps on noneconomic damages are the principal proposed remedy. Do these caps in fact reduce testing, overall health‐care spending, or both? We study the effects of “third‐wave” damage caps, adopted in the 2000s, on specific areas that are expected to be sensitive to med mal risk: imaging rates, cardiac interventions, and lab and radiology...
Delegation Provisions: SCOTUS Says Courts Must Compel Arbitration of Even “Wholly-Groundless” Arbitrability Disputes
January 24, 2019
Arbitrability questions are ordinarily for courts to decide, but parties may, by way of a “delegation provision,” clearly and unmistakably agree to submit them to arbitration. See, e.g., First Options of Chicago, Inc. v. Kaplan, 514 U.S. 938, 942-46 (1995); Rent-A-Center, West, Inc. v. Jackson, 130 S. Ct. 2772, 2777 (2010). (See, e.g., Loree Reinsurance and Arbitration Law Forum posts here, here, and here.) But suppose parties to a delegation provision disagree...
January 24, 2019
Arbitrability questions are ordinarily for courts to decide, but parties may, by way of a “delegation provision,” clearly and unmistakably agree to submit them to arbitration. See, e.g., First Options of Chicago, Inc. v. Kaplan, 514 U.S. 938, 942-46 (1995); Rent-A-Center, West, Inc. v. Jackson, 130 S. Ct. 2772, 2777 (2010). (See, e.g., Loree Reinsurance and Arbitration Law Forum posts here, here, and here.) But suppose parties to a delegation provision disagree...
