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Working memory training does not live up to the hype
March 15, 2013
According to CogMed, one of the larger providers of computerised working memory training, the benefits of such training is "comprehensive" and includes "being able to stay focused, resist distractions, plan activities, complete tasks, and follow and contribute to complex discussions." Similar claims are made by other providers such as Jungle Memory and Cognifit, which is endorsed by neuroscientist Susan Greenfield. Working memory describes our ability to hold relevant information in mind for use in mental...
March 15, 2013
According to CogMed, one of the larger providers of computerised working memory training, the benefits of such training is "comprehensive" and includes "being able to stay focused, resist distractions, plan activities, complete tasks, and follow and contribute to complex discussions." Similar claims are made by other providers such as Jungle Memory and Cognifit, which is endorsed by neuroscientist Susan Greenfield. Working memory describes our ability to hold relevant information in mind for use in mental...
“Cheeky” Maryland Rule, Requiring Mutuality In Arbitration Agreements, Not Preempted Under Concepcion
March 15, 2013
In most cases, if this blog mentions Concepcion, it means that a court has found a state statute or line of decisions is preempted by the FAA. A Maryland rule, however, recently ran the Concepcion gauntlet and survived. See Noohi v. Toll Bros., Inc., __ F.3d __, 2013 WL 680690 (4th Cir. Feb. 26, 2013). The Maryland rule in question is that arbitration provisions must be supported by consideration independent of the underlying contract, “namely, mutual obligation,” and stems from...
March 15, 2013
In most cases, if this blog mentions Concepcion, it means that a court has found a state statute or line of decisions is preempted by the FAA. A Maryland rule, however, recently ran the Concepcion gauntlet and survived. See Noohi v. Toll Bros., Inc., __ F.3d __, 2013 WL 680690 (4th Cir. Feb. 26, 2013). The Maryland rule in question is that arbitration provisions must be supported by consideration independent of the underlying contract, “namely, mutual obligation,” and stems from...
Recent Case Demonstrates Stray Remark Doctrine In Context of Emails
March 14, 2013
A Blacke auto parts store manager who alleged he was fired because of his supervisor's racial animosity has triable race discrimination and retaliation claims because he showed sufficient evidence of possible pretext, but cannot maintain his charge of a hostile work environment with a single derogatory email, the U.S. District Court for the District of Colorado ruled Jan. 29 (Hallmon v. Advance Auto Parts, Inc., D. Colo., No. 12-cv-00124, 1/29/13).
March 14, 2013
A Blacke auto parts store manager who alleged he was fired because of his supervisor's racial animosity has triable race discrimination and retaliation claims because he showed sufficient evidence of possible pretext, but cannot maintain his charge of a hostile work environment with a single derogatory email, the U.S. District Court for the District of Colorado ruled Jan. 29 (Hallmon v. Advance Auto Parts, Inc., D. Colo., No. 12-cv-00124, 1/29/13).
Arbitration and Access to Justice: Economic Analysis
March 14, 2013
Mandatory arbitration clauses in consumer contracts are widely regarded as problematic because they limit consumer’s access to judicial forums, to fair procedures, and potentially to any kind of remedy. But rather than looking at consumers as a group, I examine which sub groups of consumers are affected by this limitation more than others. I argue that in most circumstances, access to courts benefits the elite, not the weak. It is a species of open-access policy that has an unintended regressive...
March 14, 2013
Mandatory arbitration clauses in consumer contracts are widely regarded as problematic because they limit consumer’s access to judicial forums, to fair procedures, and potentially to any kind of remedy. But rather than looking at consumers as a group, I examine which sub groups of consumers are affected by this limitation more than others. I argue that in most circumstances, access to courts benefits the elite, not the weak. It is a species of open-access policy that has an unintended regressive...
Legal Tech in the Age of the Consumer
March 14, 2013
On the second day of the powerhouse that is LegalTech, I thought it might be timely to look at two signs of change for technology as it affects the enterprise legal market. The fact that you have a conference that goes for nearly three full days is a testament to (a) its staying power, and (b) that a lot of people want to go to New York on an expense account. Many of the prime movers in the legal technology space use the conference as an opportunity to release new products and initiatives...
March 14, 2013
On the second day of the powerhouse that is LegalTech, I thought it might be timely to look at two signs of change for technology as it affects the enterprise legal market. The fact that you have a conference that goes for nearly three full days is a testament to (a) its staying power, and (b) that a lot of people want to go to New York on an expense account. Many of the prime movers in the legal technology space use the conference as an opportunity to release new products and initiatives...
Acting Irrationally
March 14, 2013
Recently I had the opportunity to interview actor Peter Dinklage (of Game of Thrones fame) as part of the Rubin Museum Brainwave series, which pairs big names from pop culture with cognitive researchers to see what comes of it. My intention was to see if I could draw some connections between the craft of acting and the field of social science. (As it turned out, I was fairly unsuccessfully. For now.) I asked Mr. Dinklage several questions to this effect, which he answered in more or less the same...
March 14, 2013
Recently I had the opportunity to interview actor Peter Dinklage (of Game of Thrones fame) as part of the Rubin Museum Brainwave series, which pairs big names from pop culture with cognitive researchers to see what comes of it. My intention was to see if I could draw some connections between the craft of acting and the field of social science. (As it turned out, I was fairly unsuccessfully. For now.) I asked Mr. Dinklage several questions to this effect, which he answered in more or less the same...
Non-Signatories Lose In Two Federal Circuits When Trying To Enforce Arbitration
March 14, 2013
Two federal circuit courts recently reversed district court decisions allowing non-signatories to compel arbitration. The analysis emphasizes that for a defendant to prove equitable estoppel compels arbitration, the plaintiff’s legal claims must be closely related to the contract containing the arbitration clause. Retail grocers asserted antitrust claims against wholesalers in In re Wholesale Grocery Products Antitrust Litig., ___ F.3d __, 2013 WL 514758 (8th Cir. Feb. 13, 2013). The plaintiffs...
March 14, 2013
Two federal circuit courts recently reversed district court decisions allowing non-signatories to compel arbitration. The analysis emphasizes that for a defendant to prove equitable estoppel compels arbitration, the plaintiff’s legal claims must be closely related to the contract containing the arbitration clause. Retail grocers asserted antitrust claims against wholesalers in In re Wholesale Grocery Products Antitrust Litig., ___ F.3d __, 2013 WL 514758 (8th Cir. Feb. 13, 2013). The plaintiffs...
Georgetown’s Report on the State of the Legal Market for 2013
March 13, 2013
Not good news (not surprising), and definitely worth reading.  It comes pretty squarely down in favor of Bill Henderson's longstanding hypothesis that the changes afoot are structural not cyclical.
March 13, 2013
Not good news (not surprising), and definitely worth reading.  It comes pretty squarely down in favor of Bill Henderson's longstanding hypothesis that the changes afoot are structural not cyclical.
$800 an hour rates and a shift noted toward larger and larger law firms
March 13, 2013
Aric Press writes in the Jan. 2013 American Lawyer at 134 about an analysis he did of law firm billing data from 37 substantial companies. CT TyMetrix provided the data and Aric explored various findings, such as total hours billed over a three year period and total external spending. One finding that struck me was that $800-an-hour-and-up billings accounted for 179,768 hours during the first two quarters of 2012 out of a total of 2,796,077 hours. That means a bit more than six percent of all the hours...
March 13, 2013
Aric Press writes in the Jan. 2013 American Lawyer at 134 about an analysis he did of law firm billing data from 37 substantial companies. CT TyMetrix provided the data and Aric explored various findings, such as total hours billed over a three year period and total external spending. One finding that struck me was that $800-an-hour-and-up billings accounted for 179,768 hours during the first two quarters of 2012 out of a total of 2,796,077 hours. That means a bit more than six percent of all the hours...
Fifth Circuit Affirms Constitutionality of Non-Economic Damage Caps
March 13, 2013
We've just learned, thanks to a head's up from Skadden's Elliott Davis, that the Fifth Circuit today affirmed the constitutionality...
March 13, 2013
We've just learned, thanks to a head's up from Skadden's Elliott Davis, that the Fifth Circuit today affirmed the constitutionality...
