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The Women of Bitcoin
July 12, 2013
Money. We've used cowrie shells, playing cards, cigarettes, subway tokens, precious metals, paper backed by gold and by trust,...
July 12, 2013
Money. We've used cowrie shells, playing cards, cigarettes, subway tokens, precious metals, paper backed by gold and by trust,...
Inside Brains of Winners
July 11, 2013
Everyone knows a name dropper when they hear one. Buzz names like Gates, Jiwei, Jobs, Nooyi, Zuckerberg and Winfrey can give dramatic pause to a conversation and pique collegial interest. But their mere mention can also throw a name dropper under the credibility bus quicker than they can say “My cousin was college roommates with J.K. Rowling’s agent’s sister.” If you’re in the know, you’ve already gathered that success is more about the brain than ever before. Cognitive neuroscience...
July 11, 2013
Everyone knows a name dropper when they hear one. Buzz names like Gates, Jiwei, Jobs, Nooyi, Zuckerberg and Winfrey can give dramatic pause to a conversation and pique collegial interest. But their mere mention can also throw a name dropper under the credibility bus quicker than they can say “My cousin was college roommates with J.K. Rowling’s agent’s sister.” If you’re in the know, you’ve already gathered that success is more about the brain than ever before. Cognitive neuroscience...
Opinion Highlights Questions Surrounding Proper Predictive Coding Protocols
July 11, 2013
Gordon v. Kaleida Health, No. 08-CV-378S(F), 2013 WL 2250579 (W.D.N.Y. May 21, 2013) In this case, the court considered Plaintiffs’ motion “to compel Defendants to meet and confer with respect to establishing an agreed protocol for implementing the use of predictive coding software” and for an order that if the parties could not agree on an ESI protocol, that each side would submit their proposal for the court’s determination as to which should be adopted. Although Defendants initially...
July 11, 2013
Gordon v. Kaleida Health, No. 08-CV-378S(F), 2013 WL 2250579 (W.D.N.Y. May 21, 2013) In this case, the court considered Plaintiffs’ motion “to compel Defendants to meet and confer with respect to establishing an agreed protocol for implementing the use of predictive coding software” and for an order that if the parties could not agree on an ESI protocol, that each side would submit their proposal for the court’s determination as to which should be adopted. Although Defendants initially...
Yes You Can Be Liable For Negotiating in Bad Faith
July 11, 2013
I don't believe these arguments would fly in California, but in Delaware where so many corporations are born and with whose law so many contracting parties agree to comply, you can be liable for benefit of the bargain damages if you fail - in bad faith - to negotiate to conclusion agreements memorialized only by term sheets (which usually have too many holes to be enforceable). Here's Morrison & Forester's case analysis with a link to its article on this important new case law. A term...
July 11, 2013
I don't believe these arguments would fly in California, but in Delaware where so many corporations are born and with whose law so many contracting parties agree to comply, you can be liable for benefit of the bargain damages if you fail - in bad faith - to negotiate to conclusion agreements memorialized only by term sheets (which usually have too many holes to be enforceable). Here's Morrison & Forester's case analysis with a link to its article on this important new case law. A term...
Roadmap: When Should You Choose JAMS, AAA or CPR Rules?
July 11, 2013
Albert Einstein supposedly once said “you have to learn the rules of the game. And then you have to play better than anyone else.” In arbitration, that means figuring out which organizations’ rules are best suited for your arbitration clause. This post is designed to help drafters make that decision by giving a quick and dirty overview of the similarities and differences between the administered rules for commercial disputes at the three most common arbitration providers: AAA, JAMS, and CPR. Generally...
July 11, 2013
Albert Einstein supposedly once said “you have to learn the rules of the game. And then you have to play better than anyone else.” In arbitration, that means figuring out which organizations’ rules are best suited for your arbitration clause. This post is designed to help drafters make that decision by giving a quick and dirty overview of the similarities and differences between the administered rules for commercial disputes at the three most common arbitration providers: AAA, JAMS, and CPR. Generally...
Smartphone App for Bipolar Patients Wins $100K Prize
July 10, 2013
A smartphone app to assist people with bipolar disorder, conceived by Cornell researchers, has won the prestigious $100,000 Heritage Open mHealth Challenge. The app for iPhone and Android phones, called “MoodRhythm,” was developed by a team led by Tanzeem Choudhury, associate professor of computing and information science, and postdoctoral fellow Mark Matthews. It uses a phone’s microphone, light sensors and accelerometer to monitor sleep and social patterns and combines this information...
July 10, 2013
A smartphone app to assist people with bipolar disorder, conceived by Cornell researchers, has won the prestigious $100,000 Heritage Open mHealth Challenge. The app for iPhone and Android phones, called “MoodRhythm,” was developed by a team led by Tanzeem Choudhury, associate professor of computing and information science, and postdoctoral fellow Mark Matthews. It uses a phone’s microphone, light sensors and accelerometer to monitor sleep and social patterns and combines this information...
No Sanctions for Deletion of Email Folder Belonging to “Perhaps the Key Witness” Absent Evidence of Prejudice
July 10, 2013
Sekisui Am. Corp. v. Hart, No. 12 Civ. 3479(SAS)(FM), 2013 WL 2951924 (S.D.N.Y. June 10, 2013) In this case, the court considered Plaintiff’s “at least" negligent deletion of “the entire active email folder of an important witness—perhaps the key witness—at a time when [it] obviously knew that it might commence a lawsuit,” but declined to impose the requested adverse inference—or any sanction—absent a sufficient showing that “relevant information potentially helpful to [the defendants]...
July 10, 2013
Sekisui Am. Corp. v. Hart, No. 12 Civ. 3479(SAS)(FM), 2013 WL 2951924 (S.D.N.Y. June 10, 2013) In this case, the court considered Plaintiff’s “at least" negligent deletion of “the entire active email folder of an important witness—perhaps the key witness—at a time when [it] obviously knew that it might commence a lawsuit,” but declined to impose the requested adverse inference—or any sanction—absent a sufficient showing that “relevant information potentially helpful to [the defendants]...
Harvard’s Top 5 Business Negotiation Mistakes
July 10, 2013
Business negotiation mistake #1: Underestimating your own authority, ability and strengths. Business negotiation mistake...
July 10, 2013
Business negotiation mistake #1: Underestimating your own authority, ability and strengths. Business negotiation mistake...
Being Productively Dangerous by Ignoring Perfectionism: Learning Bold From a Story Told
July 10, 2013
Defeat, my Defeat, my deathless courage, You and I shall laugh together with the storm, And together we shall dig graves for all that die in us, And we shall stand in the sun with a will, And we shall be dangerous. From "Defeat" by Kahlil Gibran [should be centered on the page but that function of Typepad is not working today] In skimming the new book The First 20 Hours: How to Learn Anything . . . Fast!, I ran into a story that has influenced me ever since. Not a day has gone...
July 10, 2013
Defeat, my Defeat, my deathless courage, You and I shall laugh together with the storm, And together we shall dig graves for all that die in us, And we shall stand in the sun with a will, And we shall be dangerous. From "Defeat" by Kahlil Gibran [should be centered on the page but that function of Typepad is not working today] In skimming the new book The First 20 Hours: How to Learn Anything . . . Fast!, I ran into a story that has influenced me ever since. Not a day has gone...
Make Litigation Timelines in PowerPoint with Free Add-On
July 9, 2013
Not long ago, I served as chairperson of a tripartite arbitration panel. Near the close of the complicated case, one of the arbitrators...
July 9, 2013
Not long ago, I served as chairperson of a tripartite arbitration panel. Near the close of the complicated case, one of the arbitrators...
