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Daily Report Online

Walking a Minute in Your Adversary’s Shoes: Addressing the Issue of 'Naive Realism' at Mediation

Conflict occurs when two parties have differing perspectives on a matter of importance and each of them believes that his or her own view is correct. As research has shown, humans typically believe they are viewing the relevant information and events objectively and accurately. But the truth is that our brains actively construct our interpretation, or perspective, and this constructive process is heavily influenced/biased by our desires, or interests, even when we are genuinely attempting to be objective.
5 minute read

The Legal Intelligencer

The Moving Goalposts of Overtime Exemption: Texas Judge Invalidates 2024 Salary Threshold Rule

Just as many employers were finalizing their 2025 budgets, on Nov. 15, 2024, a federal court in Texas issued a nationwide injunction six weeks before the second of two meaningful changes to the federal overtime law was set to take effect.
5 minute read

Legaltech News

New Research Study Predicts Continued Growth for Generative AI in Legal

"The study found that half of legal professionals increased their use of AI generally over the past two years," writes David Horrigan, Relativity’s discovery counsel and legal education director.
6 minute read

Legaltech News

Transforming Dispute Processes in Law: The Impact of Large Language Models

"The potential applications of LLMs in dispute resolution are vast and ever-expanding," writes Jon Fowler, managing director of data solutions at Secretariat.
4 minute read

New York Law Journal

Patent Trolls Come Under Increasing Fire in Federal Courts

This article discusses the classification of "patent trolls" within the United States patent system.
8 minute read

National Law Journal

Protecting Attorney-Client Privilege in the Modern Age of Communications

Email, mobile texting, messaging and collaboration apps, videoconferencing and cloud-based document sharing have provided benefits such as streamlined communications and enhanced accessibility, while at the same time posing risks to preserving the confidentiality of attorney-client communications.
6 minute read

The American Lawyer

Stars and Gripes: Firms Need a 'Superstar Culture' to Crack the U.S. Market

Herbert Smith Freehills and others need to adopt a Paul Weiss-style focus on key individuals if they want to compete in America
6 minute read

Connecticut Law Tribune

OIG Progress Puts Connecticut in Leadership Position

IG Robert Devlin’s comprehensive reporting on the police use of force brings with it consequences for officers who may not be subjected to prosecution.
5 minute read

The Legal Intelligencer

Avoiding Inadvertent Conflict Issues With Constituents When Representing Organizational Clients

You are in a bind. You now have a concurrent conflict under Model Rule 1.7, given that one of your clients has now confessed to you privately facts that are material to the matter (and most likely material to your company client's continued employment of the vice president) but has told you not to reveal those facts to your company client. The "bind" arises because you have a competing duty to your company client to disclose those facts under Rule 1.4.
5 minute read

The Legal Intelligencer

Debtor-Owner Allowed to Modify Mortgage in Bankruptcy Even if Debtor Is Not Obligor Under the Mortgage Loan

In a recent decision in In re Taing, the U.S. Bankruptcy Court for the District of Massachusetts held that a mortgagee holds a claim that could be modified by a Chapter 11 plan even if the debtor was not indebted under the mortgage, but limited the ability to “cram down” the plan terms against the lender to the extent it modified the lender’s rights against the nondebtor obligor.
7 minute read

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