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michaelmfergusonusa · 5 years ago

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Thursday April, 2, 2020

I was in Boston on 9/11. Unable to fly home to Seattle, I drove my rental car down through Conneticutt onto Northern Manhattan the afternoon of 9/12 or 9/13, I am not sure which.

As a New York City native and an American, I had this fealing, being on the East Coast, I should try to help out. I am not sure what I was thinking I could do.

With the military stationed along the way into Manhatattan, the growing realization there was nothing I could do and probably a tear in my eye, I headed West across the George Washington Bridge into Jersey with the World Trade Center Towers still on fire and a glow on my left.

The Coronovirus pandemic has much the same effect on me. I am not a nurse, doctor, scientist or medical professional.

Heck, LexBlog can’t shut down our factories, and make the products that Governor Cuomo and the federal government are looking for – even if we get a low interest loan from the Governor, they’ll pay a premium for the products – and my COO, Garry Vander Voort, a native of Secaucus, can get us light manfucaturing space there.

But one thing I saw over the last few weeks was a rising to occassion by the American lawyer to help people in this pandemic. I saw ways that LexBlog could help these lawyers by “retooling” some of our software.

You see, this pandemic is raising all sorts of legal issues in all areas of the law. Application of existing laws – code, case and regultory to situations never imagined – or at least of this magnitude. And application of new laws and executive orders arising out of the pandemic.

Unlike 9/11, this pandemic is reaching Americans from farmers, manfucturers, small business owners, insurers, health care organizations, retirees, servers in restraunts and bars, hpspitality workers, nurses, doctors, scientists, patientsm caregivers and everyone else. Coast to coast.

These folks have questions that atr not just health questions. They have legal questions.

I am not a nurse, doctor or healthcare professionalm, but this time I lead a legal publishing company. Unlike other legal publishers, we have the largest network of legal reporters. A network with more expertise and covering more areas of the law and covering more areas of our society than any other publisher.

These 25,000 legal reporters, legal bloggers if you will, are rising to the occasion. And mind you these legal bloggers don’t pay to have their blogs on the LexBlog network. It’s free. Any legal professional can syndicate their copy through the LexBlog at no cost. Think an AP on the law – with the AP covering the pandemic in spades today.

Our first step in helping was get a publication up that aggregates and currates pandemic legal content for consumers, business people, the courts and government agencies. A legal data base of searchable legal insight on the pandemic that is unlike anyone elses.

That’s the Coronavirus Legal Daily (CLD). More to come on that and related platforms for publishing on the Pandemic we’ll make available to legal professionals, hopefully for free.

The CLD gives you a window into the magnitude of the pandemic publishing going on by legal professionals.

Unsurprisingly, but still staggering to view, is how closely the pandemic legal publishing follows the spread of the virus.

For a simpler breakdown, here are the post counts—again, just posts covering coronavirus and its legal ramifications for people and busineses—each Monday going back 10 weeks:

Monday, January 20th: 0 posts

Monday, January 27th: 2 posts

Monday, February 3rd: 4 posts

Monday, February 10th: 7 posts

Monday, February 17th: 2 posts

Monday, February 24th: 5 posts

Monday, March 2nd: 13 posts

Monday, March 9th: 41 posts

Monday, March 16th: 194 posts

Monday, March 23rd: 295 posts

In terms of who is producing that content, CLD gives us that as well. Here are the firms publishing the most on the subject, as of Friday afternoon:

Squire Patton Boggs: 226 posts

Norton Rose Fulbright: 141 posts

Jackson Lewis: 81 posts

Reed Smith: 79 posts

Epstein Becker Green: 73 posts

The quantity of the posts isn’t as important—it’s the quality, or the specificity, of the content being published. Does it offer practical guidance? Is it tailored to to help people in need of advice?

It’s been a resounding “Yes” from nearly every area of law.

A few examples:

Jeff Nowak, long a model of using his blog, FMLA Insights, to answer key questions for employers, offers in-depth but highly-scannable posts breaking down DOL guidance. He’s make it clear what companies need to know now.

Going the other direction from “now,” though he has plenty current insight on the pandemic, Dan Schwartz covered what employers need to know about coronavirus way back in January.

Erin Levine of the Hello Divorce Blog tackles the difficult task of co-parenting during the time of social distancing.

Frank Burke, a Bay Area mediator, walked through running mediations on Zoom, the increasingly-popular VOIP platform.

Cannabis law publications like Sheppard Mullins’s have been quick to note that, in deciding which businesses are essential and which aren’t, pot shops have landed in the former consistently.

Jay O’Keeffe, author of the long-running De Novo: A Virignia Appellate Law Blog, writes up the various ways states are dealing with oral arguments.

The team at Franczek Radelet has been excellent on laying out the impact of the virus on special education on their publication, Special Education Law Insights.

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0 notes

tyronearmstrong · 5 years ago

Text

Thursday April, 2, 2020

I was in Boston on 9/11. Unable to fly home to Seattle, I drove my rental car down through Conneticutt onto Northern Manhattan the afternoon of 9/12 or 9/13, I am not sure which.

As a New York City native and an American, I had this fealing that being on the East Coast, I should try to help out. I am not sure what I was thinking I could do, I just needed to try.

With Military stationed along the way into Manhatattan, the growing realization there was nothing I could do and probably a tear in my eye, I headed West across the George Washington Bridge into Jersey with World Trade Center Towers still on fire and a glow on my left.

The Coronovirus pandemic has much the same effect on me. I am not a nurse, doctor, scientist or medical professional.

Heck LexBlog, can’t shut down our factories, and make the products that Governor Cuomo and the federal government are looking for. Even if we get a low interest loan, they’ll pay a premium – and my COO, Garry Vander Voort, a native of Secaucus, can get us light manfucaturing space there.

But one thing I saw over the last few weeks was a rising by the American lawyer to help people in this pandemic. I saw ways that LexBlog could help these lawyers by “retooling” some of our software.

You see, this pandemic is rasing all sorts of legal issues in all sorts of areas of the law. Application of existing laws – code, case and regultory to situations never imagined – or at least in this magnitude. And application of new laws and executive orders.

These folks have questions that atr not just health questions. They have legal questions.

I am not a nurse, doctor or healthcare professionalm, but this time I lead a legal publishing company. Unlike other legal publishers, we have the largest network of legal reporters. A network with more expertise and covering more areas of the law and more areas of our society than any other publisher.

These 25,000 legal reporters, legal bloggers if you will, are rising to the occasion. Mind you these are legal bloggers aren’t all paying to have their blogs on the LexBlog network. Any legal professional can syndicate their copy through the LexBlog at no cost. Think AP on the law – with the AP covering the pandemic.

Our first step in helping was get a publication up aggrgates and currates pandemic legal content for consumers, business people, the courts, government agencies. That’s the Coronavirus Legal Daily (CLD). More to come on that and related platforms for publishing we’ll make available to legal professionals, hopefully for free.

The CLD gave us a window into the magnitude of the pandemic publishing going on by legal professionals.

Somewhat unsurprisingly, but still staggering to view, it closely follows the spread of the virus.

For a simpler breakdown, here are the post counts—again, just posts covering coronavirus and its legal ramifications for people and busineses—each Monday going back 10 weeks:

Monday, January 20th: 0 posts

Monday, January 27th: 2 posts

Monday, February 3rd: 4 posts

Monday, February 10th: 7 posts

Monday, February 17th: 2 posts

Monday, February 24th: 5 posts

Monday, March 2nd: 13 posts

Monday, March 9th: 41 posts

Monday, March 16th: 194 posts

Monday, March 23rd: 295 posts

In terms of who is producing that content, CLD gives us that as well. Here are the firms publishing the most on the subject, as of Friday afternoon:

Squire Patton Boggs: 226 posts

Norton Rose Fulbright: 141 posts

Jackson Lewis: 81 posts

Reed Smith: 79 posts

Epstein Becker Green: 73 posts

It’s been a resounding “Yes” from nearly every area of law.

A few examples:

Going the other direction from “now,” though he has plenty current insight on the pandemic, Dan Schwartz covered what employers need to know about coronavirus way back in January.

Erin Levine of the Hello Divorce Blog tackles the difficult task of co-parenting during the time of social distancing.

Frank Burke, a Bay Area mediator, walked through running mediations on Zoom, the increasingly-popular VOIP platform.

Cannabis law publications like Sheppard Mullins’s have been quick to note that, in deciding which businesses are essential and which aren’t, pot shops have landed in the former consistently.

Jay O’Keeffe, author of the long-running De Novo: A Virignia Appellate Law Blog, writes up the various ways states are dealing with oral arguments.

The team at Franczek Radelet has been excellent on laying out the impact of the virus on special education on their publication, Special Education Law Insights.

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Thursday April, 2, 2020 published first on https://personalinjuryattorneyphiladelphiablog.wordpress.com/

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suzannemcappsca · 7 years ago

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Lex Infinitum – Celebrating Three Years of Inspiration

Jonathan Rodrigues, M.R.K. Prasad and Anna Howard (Associate Editor)

For many student mediators across the globe, the start of the New Year will bring the final stages of their preparation for two mediation competitions. Next week, the Lex Infinitum competition will be held at V. M. Salgaocar College of Law, Goa, followed, in February, by the ICC Mediation Week in Paris. Now in its third year, Lex Infinitum: VMSCL-WMO International Dispute Resolution Competition will soon welcome 24 teams from across India and further afield including teams from Poland, the UK, Russia, Singapore, Nigeria, Ukraine and Kenya. They will be joined by mediation professionals from across the globe

Last year, in his post Lex Infinitum – Talking Mediation in India, Greg Bond shared the reflections of some of the people he met at the 2017 competition. In this post, I (Anna) have the privilege of interviewing the founders of the competition, Prof. Dr. M R K Prasad and Jonathan Rodrigues. Prof. Dr. M R K Prasad is the dean of the Faculty of Law, Goa University and Principal of V. M. Salgaocar College of Law. Jonathan Rodrigues is an alumnus of V. M. Salgaocar College of Law and the co-founder of the Peacekeeping and Conflict Resolution Team (PACT), a collective of mediation professionals who work towards promoting mediation in India through workshops, competitions and conferences. In this interview, Prof. Prasad and Jonathan offer their insights on the aspirations behind the competition, its impact on the participating students and professionals, and its influence on the growth of mediation in India.

Anna: Lex Infinitum is now in its third year and is a firm fixture in the global mediation competitions calendar. What were the aspirations behind the competition?

Jonathan: By way of brief background, I created and conceptualized Lex Infinitum under the guidance and mentorship of Prof. Prasad, with V. M. Salgaocar College of Law as the host institution. Gracious Timothy, co-founder of PACT, was instrumental in taking the competition up a notch in the second edition, reaching out to a wider global community of mediators. The competition owes its growth and popularity to the organising teams and volunteers who have worked tirelessly and passionately every year, taking the baton forward and inspiring others. The competition is setting some high goals and achieving them. While conceptualizing Lex Infinitum during the winter of 2015, the organizing team set itself a simple goal: “To get better every passing year and to stay exclusive to quality and inclusive in diversity”.

We are grateful for the unconditional support and encouragement we have received from the global community of mediation and conflict resolution professionals over the last three editions. The idea was to create a platform for law students in India to rub shoulders with their peers from different parts of the world; to test their skills and challenge themselves to compete in an amicable atmosphere; and to do all this by staying sensitive to, and respectful of, diversity and differences.

Through the challenging competition problems, stringent screening of participating teams, high standards of assessment and transparency of scoring, Lex Infinitum has set the bar high for other mediation competitions in the country. Though just three years old, it has attracted attention from almost every top law school in the country. From national law schools to premier private law institutions, from the oldest law colleges in the country to the very recently established, Lex Infinitum has opened its doors to those who show commitment and passion in nurturing mediation on their campuses.

The idea was of course to go beyond just the academics and awards, and to create a space for networking and to build a community of resources. The socials organized every night, the dance and dine parties, the workshops and knowledge sessions and the impromptu intellectual jams contributed to making this a unique event in India. We also followed the Practice and Preach method, where the law students of the host college would go to the community in Goa and spread the word on mediation through speeches and street plays. As much as the response has been overwhelming, more needs to be done to reach out more extensively so that, in the years to come, the competition will have even greater representation from across the globe.

Anna: Do you see a difference between the students’ attitudes towards mediation compared to those of the (older) members of the legal profession?

Jonathan: The basics – voluntariness, confidentiality, neutrality and most importantly, self-determination – seem to be more appealing to the younger generation of professionals who want to make decisions by themselves rather than being spoon-fed by a third party.

Mediation also demands certain calmness and composure in tackling tense moments. An apology or a compliment is a step forward and not a weakness. It’s much tougher for senior members of the legal profession, who have been schooled to be adversarial and polarizing in their approach, to suddenly wear a different cape and encourage their parties to find common ground. Sometimes, impasse ice-breakers such as ‘I am sorry, I could have been wrong there” or “Thank you, I appreciate everything you have done to make this easier” are the hardest statements made in a mediation setting. The younger generation doesn’t mind keeping its arrogance at bay, if they can be assured that they can ‘move on’ and it won’t “lend them broke”, while their interests are respected and prioritized. Being soft on the person and hard on the problem is a tough pill to digest for many senior professionals in the legal field. However, the tides are changing, and so are the attitudes.

Having trained and worked with over 2,000 students across the country through PACT’s workshops, I can testify that there is a deep-rooted sense of frustration towards the inefficiency of the courts in India and their indifference to the backlog of around 30 million pending court cases. There is a revolution brewing in the country, where young lawyers are earnestly looking forward to exploring a career in consensual dispute resolution. This trend and momentum has inspired many senior advocates and judges to learn about mediation and get themselves trained as well. Mediation needs the drive of the young and the tact of the elders to strive in India.

Anna: What do the students seem to value most from their experience of taking part in the competition? Prasad: For many students, this is their first experience of having a close to real-life negotiation or mediation session. Therefore, the very opportunity of putting their skills to the test in a competition setting is what they value the most. The workshops before the competition are also a unique feature that weren’t too common in India a few years ago. Their biggest takeaway, though, is the feedback they receive after every competition round and the opportunity to network with some of the most experienced and renowned professionals in the field of consensual dispute resolution. Also, at Lex Infinitum, it doesn’t matter which institution you represent, everyone is treated equally.

Anna: What do the assessors learn from the students taking part in the competition? Jonathan: Assessors have a bag full of takeaways at the end of the competition. Besides soaking in the sun-baked beaches, delicious food and the green countryside, an opportunity to watch, guide and advise young mediation enthusiasts is something that professionals can look forward to at Lex Infinitum. India, as we know, is more than just a country, it’s a civilization; therefore, the learnings are immense even for someone who has been practising mediation for decades. Among the Indian teams, there is so much diversity – language barriers, accents, religious, social and cultural backgrounds, approaches to gender and age, habits and mannerisms, etc. All these elements are on display during the competition rounds, consciously or not, and the assessors get to witness, first hand, this rich array of characteristics.

Anna: How has the competition contributed to the development of mediation in India?

Prasad: The concept of mediation has been practised in India much before the colonial rule, albeit through different means and platforms. But, many of these practices do not have a structure or guidelines to monitor their efficiency and credibility. The competition contributes towards developing systematic procedure and standards that are required for mediation. As they prepare to be lawyers, the students realize that mediation demands a different temperament and skill set.

The concept of mediation has certainly picked up in the country, with students showing tremendous interest in mediation competitions. In the first edition, we had to work hard to get 24 teams to register, last year we had 50 teams that applied and this year that number is nearing 60. In the first year, we had 5 international experts and two international teams; in the second edition in 2017, we had 4 international teams and 17 international experts. This year, we have 22 international experts boarding their flights. This also reflects how it has grown in popularity in the global community.

Anna: Finally, can you offer any tips for the students as they make their final preparations for the competition?

Jonathan: The competition challenges you to keep your approach simple and yet explore the infinite innovative possibilities of resolving conflict. The assessors always appreciate creativity and courage, but deviating from the fundamental principles and rules that govern the practice of mediation could lose you marks. There is no room for intuition and postulation; preparation and anticipation are key. There is no substitute for reading the competition problems, brainstorming strategies and rehearsing simulations prior to competing at Lex Infinitum. Miss out on any of those three pillars of preparation and you join the company of mediocrity.

I would also suggest that participants practise reframing, summarizing and questioning – skills that turn us into groomed negotiators and which are also relevant in the context of the competition, considering that English will be spoken in different accents, dialects and intonations. Finally, the basics: when you speak, be clear and throw your voice out so that the assessors may hear you. And, when you have nothing to say, listen empathically.

All the very best of luck to the teams taking part in Lex Infinitum next week.