Thoughts – Are They No Longer Private Experiences?

The essence of who we are – we may refer to it with the overused term “consciousness” perhaps – or at the very least our persona and personality, are created through and contained in our thoughts and experiences. Thoughts and experiences which for the most part, until recent years, were private or shared with few select individuals. Most of us remember writing secret diaries while growing up.  Experiences were shared through private conversations, and for the most adventurous and articulate, books.  Now thoughts and experiences seem to be no longer relevant unless they are shared with the world, through blogs, through Facebook.

One step further, commercial profiling of our purchasing preferences is making even our intentions, preferences and objectives traceable.

The next step is going to be even more intrusive.  Brain scanners, it appears, are evolving and becoming more adept at being sold as consumer devices.  Consumer type scanners would enable all of us to display our own thoughts and access those of others who do the same.  Our thoughts may become visible, downloadable and open to the world.

New privacy issues need to be considered, as well as perhaps a new definition of boundaries as to where and how we will be able to retain some thoughts and experiences private.

See interesting info at: https://www.edge.org/annual-question/2016/response/26632

cropped-foto-stefania-sito-web-3.jpg© Stefania Lucchetti 2017.  For further information Contact the Author

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IoT Enabled Contracts – Dynamic Contracts Are On The Way – What Will Lawyers Do?

As a transactional lawyer, I have countless times assisted clients in renegotiating and drafting amendments, side letters and updates to signed contracts to address issues that come up from time to time during the contractual relationship. Let’s face it: contracts are a static, binding photograph of a situation, and their purpose is to address issues that may arise in the future so that in case a dispute arises the parties (or a judge) may refer to the parties’ original intention.

However a binding, static contract often fails to address what is likely to be the key issue between the parties: unless the contract covers a one shot transaction (such as the sale of a good) – the contractual relationship between the parties is by nature a dynamic, evolving relationship which – whether it is related to the provision of services or a corporate joint venture – will require innumerable compromises, changes and adaptations to the original ideas.

Good lawyers with sound experience know this and to the extent possible draft contracts that reflect principles which can be applied to an evolving relationship, however this may not be sufficient.  Often problems arise which had not or could not have been contemplated at the outset of the relationship and the key principles set out in the contract are not sufficient to address them. A renegotiation and amendment to the contract is necessary.

This however means that new paper will be produced and ultimately it will be difficult to make sense of the history of the relationship.

IoT enabled contracts which allow for a dynamic relationship may just be what companies need.  This type of contract would respond to external information fed into it and evolve with the parties’ relationship.  While this will have huge benefits in tracking the progress of ongoing relationships, the risk is of course that of making the original agreement between the parties useless.

As always, however, law and the practice of law will need to adapt to the needs of the market, and this might create the need for lawyers to evolve as well a new way of drafting contracts – with clauses, formulas and principles designed to work in an adaptive relationship.

See interesting information at: https://www.artificiallawyer.com/2017/05/08/guest-post-the-contract-stack-revolution-begins/

cropped-foto-stefania-sito-web-3.jpg© Stefania Lucchetti 2017.  For further information Contact the Author

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The Negotiation Factor

Several years ago, based on my experience of many years as a scholar first and corporate lawyer after, I wrote a book (“The Principle of Relevance“) which discussed the implications of information overload, the idea that the key differentiating factor was the ability to process large quantities of information, and how to switch from a linear processing model to a multi level processing model. Many things have come to pass since then, and my interest with information has since then evolved into something different.

Also through the process of writing about information processing, and the many engagements that followed, I have come to the realization that our world is a shifting one. It is a time where information, technology and ideas are so freely and easily available, that access to information – and perhaps also the ability to process that information – while it may be the key challenge for companies – met now by “big data” solutions – is no longer the key factor for individuals.

The key differentiating factor is, truly, the human factor. The ability to engage in meaningful, productive, lasting relationships and partnerships. The ability to engage in a circle of commitment while yet keep engaging with the world. The ability to understand another individual’s background, interests and worries. And, ultimately, the ability to negotiate for change, and for a reciprocal meeting of interests.

cropped-foto-stefania-sito-web-3.jpg© Stefania Lucchetti 2017.  For further information Contact the Author

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Negotiation Advice: Time is On Your Side

Negotiation tip of the day: when negotiating a difficult matter or trying to get out of a difficult situation being in a hurry to close the deal is very rarely on your side. If you want to achieve a better outcome, try to find a way to buy yourself time first.

cropped-foto-stefania-sito-web-3.jpg© Stefania Lucchetti 2017.  For further information Contact the Author

Articles may be be shared and/or reproduced only in their entirety and with full credit/citation.