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What ABA Techshow Shows About Tech
April 13, 2013
In looking back on Techshow, I saw that four themes predominated there, and it struck me that they pretty well summed up the state...
April 13, 2013
In looking back on Techshow, I saw that four themes predominated there, and it struck me that they pretty well summed up the state...
Workshop “Network Analysis in Law” @ International Conference on Artificial Intelligence and Law – Rome 2013
April 13, 2013
This Workshop builds upon the “Network Analysis and the Law” Tutorial that Mike Bommarito and I ran at Jurix 2011 in Vienna. It was a great honor to be an organizer for both the overall Artificial Intelligence and Law 2013 Conference as well as the Network Analysis and Law workshop. Looking forward to great week of rigorous technical papers at Artificial Intelligence and Law 2013 in Rome in early June!
April 13, 2013
This Workshop builds upon the “Network Analysis and the Law” Tutorial that Mike Bommarito and I ran at Jurix 2011 in Vienna. It was a great honor to be an organizer for both the overall Artificial Intelligence and Law 2013 Conference as well as the Network Analysis and Law workshop. Looking forward to great week of rigorous technical papers at Artificial Intelligence and Law 2013 in Rome in early June!
Roger Fisher, Dean of Dispute Resolution, 1922-2012
April 13, 2013
Roger Fisher, Samuel Williston Professor of Law Emeritus at Harvard Law School, passed away peacefully surrounded by family on August 25, 2012, at the age of 90. Founder of the Harvard Negotiation Project and later the Program on Negotiation at Harvard Law School, co-author of the seminal and perennially bestselling Getting to YES: Negotiating Agreement Without Giving In, pioneer in teaching negotiation, and inveterate, self-starting peacemaking interventionist, Fisher had an extraordinary impact...
April 13, 2013
Roger Fisher, Samuel Williston Professor of Law Emeritus at Harvard Law School, passed away peacefully surrounded by family on August 25, 2012, at the age of 90. Founder of the Harvard Negotiation Project and later the Program on Negotiation at Harvard Law School, co-author of the seminal and perennially bestselling Getting to YES: Negotiating Agreement Without Giving In, pioneer in teaching negotiation, and inveterate, self-starting peacemaking interventionist, Fisher had an extraordinary impact...
Difficult Conversations
April 12, 2013
A few weeks ago, I conducted a “lemon law” mediation. Over the past few months, most of these have been conducted by using separate sessions only; counsel have not wanted to participate in joint sessions. However, this time, plaintiff’s counsel wanted to hold a joint session. Defense counsel who had worked frequently with plaintiff’s counsel in the past and had a cordial relationship with plaintiff’s counsel, agreed. Plaintiff’s counsel explained that she wanted to go through each...
April 12, 2013
A few weeks ago, I conducted a “lemon law” mediation. Over the past few months, most of these have been conducted by using separate sessions only; counsel have not wanted to participate in joint sessions. However, this time, plaintiff’s counsel wanted to hold a joint session. Defense counsel who had worked frequently with plaintiff’s counsel in the past and had a cordial relationship with plaintiff’s counsel, agreed. Plaintiff’s counsel explained that she wanted to go through each...
Relooking at Sacred Cows…
April 12, 2013
Since I am asking my students to think critically about what they are learning, I decided I was going to engage in the exercise of applying interests-based analysis to this sacred cow. If we took the statement of “Thou Shalt Not Suggest Solutions” as a statement of position and explored the interests beneath this position, I wondered if we could nonetheless provide solutions while still addressing the real concerns behind the statement. Of the top of my head, I can think of 2 main reasons...
April 12, 2013
Since I am asking my students to think critically about what they are learning, I decided I was going to engage in the exercise of applying interests-based analysis to this sacred cow. If we took the statement of “Thou Shalt Not Suggest Solutions” as a statement of position and explored the interests beneath this position, I wondered if we could nonetheless provide solutions while still addressing the real concerns behind the statement. Of the top of my head, I can think of 2 main reasons...
Follow the Fortunes Applied to Allocation of Settlement Amount
April 12, 2013
In a dispute with reinsurers over coverage for the settlement of asbestos-related disputes valued at close to one billion dollars, in which the reinsurance contracts contained a follow the fortunes provision, the reinsurers challenged whether the doctrine applied to the cedent’s decisions in the allocation of the settlement amount, and, if applicable, it could be applied in a summary judgment context to the cedent’s allocation of the settlement. Modifying the decision of the lower court, the Court...
April 12, 2013
In a dispute with reinsurers over coverage for the settlement of asbestos-related disputes valued at close to one billion dollars, in which the reinsurance contracts contained a follow the fortunes provision, the reinsurers challenged whether the doctrine applied to the cedent’s decisions in the allocation of the settlement amount, and, if applicable, it could be applied in a summary judgment context to the cedent’s allocation of the settlement. Modifying the decision of the lower court, the Court...
El Paso Appeals Court Refuses to Compel Arbitration Where Employee Cannot Read English
April 12, 2013
The Texas Appeals Court in El Paso had denied an employer’s motion to compel arbitration in an employment dispute that...
April 12, 2013
The Texas Appeals Court in El Paso had denied an employer’s motion to compel arbitration in an employment dispute that...
5 Things To Know About Cognitive Systems and IBM Watson
April 12, 2013
Cognitive systems, such as IBM Watson, can transform how organizations think, act, and operate in the future. IBM CTO, Fellow, and Vice President Rob High is a key member of the IBM Watson Solution Leadership team. He's published an IBM Redbooks Solution Guide, Redpaper, and video that explains what cognitive systems are, and provides some fascinating behind the scenes information on how Watson works. Here are some of the highlights: 1. There's more data to understand than ever before 2....
April 12, 2013
Cognitive systems, such as IBM Watson, can transform how organizations think, act, and operate in the future. IBM CTO, Fellow, and Vice President Rob High is a key member of the IBM Watson Solution Leadership team. He's published an IBM Redbooks Solution Guide, Redpaper, and video that explains what cognitive systems are, and provides some fascinating behind the scenes information on how Watson works. Here are some of the highlights: 1. There's more data to understand than ever before 2....
Contributions To Arbitrator’s Judicial Campaign Are Not Enough To Establish “Evident Partiality”
April 12, 2013
The Third Circuit refused to vacate an arbitrator’s award, despite allegations that she failed to disclose contributions the defendant’s parent company had made to her judicial campaign and failed to disclose that she co-taught a seminar with in-house counsel for the defendant’s parent company. Freeman v. Pittsburgh Glass Works, LLC, __ F.3d __, 2013 WL 811884 (3d Cir. March 6, 2013). In short, the court concluded that these contacts were not enough to make a reasonable person...
April 12, 2013
The Third Circuit refused to vacate an arbitrator’s award, despite allegations that she failed to disclose contributions the defendant’s parent company had made to her judicial campaign and failed to disclose that she co-taught a seminar with in-house counsel for the defendant’s parent company. Freeman v. Pittsburgh Glass Works, LLC, __ F.3d __, 2013 WL 811884 (3d Cir. March 6, 2013). In short, the court concluded that these contacts were not enough to make a reasonable person...
New ADR Pledge
April 11, 2013
The concept of “ADR Pledge” has been known for at least last three decades. Most often it is a public statement in which those who sign it (corporations, law firms, governmental agencies etc.) declare to adopt a systemic approach to dispute resolution with more focus on mediation and ADR. In different forms ADR pledges have been promoted in many countries, including the United States, the United Kingdom, France or Singapore. From March 2013, a similar pledge is opened for signatures by business...
April 11, 2013
The concept of “ADR Pledge” has been known for at least last three decades. Most often it is a public statement in which those who sign it (corporations, law firms, governmental agencies etc.) declare to adopt a systemic approach to dispute resolution with more focus on mediation and ADR. In different forms ADR pledges have been promoted in many countries, including the United States, the United Kingdom, France or Singapore. From March 2013, a similar pledge is opened for signatures by business...
