Mark your calendars! Don Philbin, contributor of this blog, will host next week an interesting Webcast entitled “Deal or No Deal: Leveraging Information to Overcome Psychological Barriers to Efficient Deals.” Following is the program description: Using newly-developed computer animation models and traditional decision trees, we will explore the interactive use of outcome scenarios as a means to overcome barriers to settlement. By elic

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Donald R. Philbin Jr., contributor to this blog, has written recently an article entitled Thankful for Unanswered Prayers? Unconscionability ‘Equilibrium,’ 27 Alternatives to the High Cost of Litigation 145 (Oct. 2009). As its title suggests, the article discusses the salient issue of unconscionability in arbitration agreements. Here is an excerpt: Collision? Or Coexistence? The issue: The states and the Supreme Court—and now Congress

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