JAMS, The Resolution Experts

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Irvine, California 92614 , United States

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Change in Standards for Attorney Fee Awards in Patent Cases

Two recent Supreme Court decisions changed the standards for the award of attorneys’ fees to the prevailing party in patent infringement suits. Section 285 of the Patent Act provides for the award of fees in “exceptional” cases…more

Attorney's Fees, Exceptional Case, Highmark v. Allcare, Octane Fitness v. ICON, Patent Infringement

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Diversity in Mediation

Mediation, as a form of dispute resolution, relies heavily on the mediator’s ability to recognize, comprehend and address the emotions and social cues of the parties involved. Without this understanding, there lies the potential…more

Diversity, Mediation

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Electronic Discovery: Are We Competent?

The State Bar of California has issued perhaps the country’s most straightforward and candid directive to litigators to learn the ins and outs of electronic discovery (e-discovery). In a proposed formal opinion, it states, “Not…more

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Negotiate Better: Lessons from Empirical Research

There is a whole lot of empirical research that explains why so many negotiations fail to yield optimal results -- and that teaches us ways to improve the odds that we will do better. On the hunch that most busy lawyers don't…more

Negotiations, Settlement

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When Mediation Makes Sense: A Win for Employers and Employees

A recent article in the New York Times discussed a new law giving unpaid interns in New York the right to sue if they are harassed or discriminated against by an employer. The legislation takes effect in June, a time of year…more

Employer Liability Issues, Employment Policies, Hiring & Firing, Mediation, Racial Discrimination

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JAMS Global Construction Solutions Newsletter, Winter 2014

In This Issue: The Evolution of Expert Witness Law under U.K. and U.S. Jurisdiction; ConsensusDocs Lists JAMS as One of Two Named Arbitration Providers; Using Attorneys’ Fees to Promote a Better Result; Using Affidavits…more

Affidavits, Arbitration, Attorney's Fees, Construction Disputes, Expert Witness

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Parenting Plan Mediation Helps Kids

Discussion about parenting plan mediation generally focuses on the people at the table – the parents. Those parents who reach agreement express satisfaction. They save time and money by avoiding further action in court. They…more

Divorce, Mediation, Parenting Plans

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A Primer on Arbitrability

Drafters of arbitration clauses must understand the concept of arbitrability if the parties’ objectives are to be achieved. Arbitrability is the portmanteau for several distinct concepts: ..Is the clause/agreement…more

Arbitration, Mandatory Arbitration Clauses

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Mediating Alternative Energy Disputes

Energy disputes are usually complex and very expensive to litigate, so those in the traditional oil and gas industries have used arbitration and mediation successfully for years. Most contracts in the energy sector have ADR…more

Arbitration, Bureau of Land Management, Complex Litigation, Contract Disputes, Contract Negotiations

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Florida statute provides confidentiality in disputes involving wills and trusts

Which American president was the first to incorporate arbitration as a dispute resolution method in his will? Every lawyer swears an oath to maintain the secrets of clients. This is the client’s guarantee that when he or…more

Attorney-Client Privilege, Confidentiality, Estate Planning, Wills

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Mediation Tips For Trial Lawyers & Their Clients

Reprinted with the permission of Law Bulletin Publishing Company on January 6, 2013. In recent years, the legal profession has felt pressure to hold down legal costs and to find expeditious, cost effective methods of…more

Mediation

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How lawyers can help courts run effectively

Inside courts today, it's budget, budget, budget. Judges are asked to do a lot more with a lot less. Commissioners, court reporters, bailiffs, research attorneys and administrative support are a fond and distant memory. Veteran…more

Case Management, Litigation Strategies

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Complex Civil Appeals: Making the Case for Settlement

More than 90 percent of civil cases are settled without trail. By contrast, most civil appeals are briefed, argued and decided by the court. In complex cases in which large amounts of money are at stake, settlements pending an…more

Appeals, Complex Litigation, Litigation Strategies, Settlement

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The Biology of Decision-Making

It is a common understanding among trial lawyers that decisions are made emotionally and not rationally. Attorneys are always looking for the emotional hook on which to hang the case and sway a jury to see the case through that…more

Trials

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Intern Class Actions on the Rise

The rise in unpaid internships has led to an equally significant uptick in litigation brought by interns demanding compensation for performing the same work as paid employees. And the interns are winning…more

Class Action, Employee Rights, Employer Liability Issues, Internships, Just Compensation

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Mediating in a Changing Landscape: Whistleblower and Retaliation Claims

Whistleblower and retaliation claims are on the rise. Retaliation claims now comprise 41% of the more than 93,000 discrimination charges filed in 2013, according to a February report from the U.S. Equal Employment Opportunity…more

Discrimination, EEOC, Mediation, Retaliation, Whistleblowers

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Construction Defect Disputes and the Abandoned Policyholder: Getting the Carrier to the Table

There is much that can go wrong in any large construction project: improper installations, defective products, errors and omissions made by designers, unexpected site conditions—the list is long. Insurance coverage or a…more

Builder's Risk Exclusion, Construction Defects, Construction Disputes, Construction Workers, Contractors

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Unconscionable Arbitration Clauses: Be Careful What You Include

Many employers lawfully require all employees, as a condition of employment, to arbitrate any disputes arising out of the employment relationship. Typically, such arbitration agreements include claims for wrongful termination,…more

Arbitration, Class Action Arbitration Waivers, Discrimination, Employer Liability Issues, Employment Policies

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“Raging Bull” Decision Highlights Importance of ADR in Entertainment Disputes

“Raging Bull” is a classic 1980 motion picture directed by Martin Scorsese and starring Robert De Niro as boxer Jake LaMotta. In the case of Petrella v. Metro- Goldwyn-Mayer, Inc., the United States Supreme Court recently ruled…more

Affirmative Defenses, Copyright, Copyright Infringement, Laches, MGM

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Mediation: Stop, Look and Listen

Originally published in THE RECORDER on November 30, 2012. Mediation requires counsel to view the dispute differently than when preparing for trial. Counsel who are preparing for and engaged in mediation use a different…more

Mediation

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JAMS Global Construction Solutions Newsletter, Spring 2014

In This Issue: - Timing Is Everything: Balance Risk And Opportunity To Decide When To Mediate - Critical Issues For Parties To Consider When Selecting An Arbitrator - Obtaining Testimony And Documents From…more

Construction Litigation, Construction Workers, Contractors, Mediation, Subcontractors

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Corruption in The Energy Sector: Criminal Fines, Civil Judgments, And Lost Arbitrations

Synopsis - This article examines the anti-bribery legislation of three countries, the United States, Canada, and the United Kingdom. The legislation of the three countries is compared and virtually all the criminal…more

Anti-Bribery, Arbitration, Canada, Charitable Donations, Corruption

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Practical Considerations for Post-Trial and Appellate Mediations

THE TRIAL IS OVER. The jury has just returned a verdict either for or against your client. Or maybe the judge has granted a motion for summary judgment. The parties mediated the case before trial without success. An appeal is…more

Appeals, Jury Verdicts, Mediation, Settlement

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JAMS Global Construction Solutions -- Spring 2013

In This Issue: An Arbitrator’s Guide to Successfully Resolving eDiscovery Disputes; Ethics in International Arbitration; The 2012 International Arbitration Survey; and Notices & Events. Excerpt from An Arbitrator’s…more

AICPA, Arbitration, CPAs, Discovery, Electronically Stored Information

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Judicial Reference, A Forgotten Tool: To avoid common delays in traditional litigation, parties can rely on referees to resolve some, or all, of the claims

Let’s say you’re a rising star in your firm, and you’re looking for a way to break out of the pack. Your clients are frustrated by the glacial speed with which their case is slogging through the courts. They want your firm to do…more

Judicial Reference

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JAMS Global Construction Solutions Newsletter, Spring 2014

In This Issue: - Timing Is Everything: Balance Risk And Opportunity To Decide When To Mediate - Critical Issues For Parties To Consider When Selecting An Arbitrator - Obtaining Testimony And Documents From…more

Construction Litigation, Construction Workers, Contractors, Mediation, Subcontractors

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The Subcontract Contingent Payment Clause: How Does It Affect The Construction Industry?

Originally published in Florida Bar Journal on February 13, 2013. A contingent payment clause in a subcontract is the clause that provides that the subcontractor assumes the risk of owner nonpayment. Such clauses are…more

Construction Contracts, Construction Liens, Contingent Payment Clauses, Subcontractors, Surety & Fidelity

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Checklists to Save Clients Time and Money in a Big Case

As litigation becomes more expensive and timeconsuming, the reality is that only 1 to 2 percent of cases are disposed of with a jury verdict. In these circumstances, the overwhelming financial cost of litigation is in the…more

Law Practice Management

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How to avoid impasse in settlement negotiations

Mediation is a facilitated negotiation that enables parties to explore settlement in a confidential setting. A successful mediation requires preparation and an understanding of the process so as to avoid impasse, the breakdown…more

Mediation, Negotiations, Settlement

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IP: Mediation’s role in the patent arena -- In-house counsel should consider using mediation early in patent cases for maximum control and effectiveness

Originally published in InsideCounsel on March 5, 2013. The primary advantage of mediation is to avoid the costs and risks of litigation. A secondary advantage of mediation is the ability to tailor the resolution of the…more

America Invents Act, Corporate Counsel, Mediation, Patent Reform, Patents

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Washington State Newsletter - Winter 2014

In This Issue: Discovery Special Masters Can Streamline the Discovery Process and How to Customize Commercial Arbitration. Excerpt from Discovery Special Masters Can Streamline the Discovery Process - The…more

Arbitration, Commercial Arbitration

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Washington State Newsletter - Winter 2014

In This Issue: Discovery Special Masters Can Streamline the Discovery Process and How to Customize Commercial Arbitration. Excerpt from Discovery Special Masters Can Streamline the Discovery Process - The…more

Arbitration, Commercial Arbitration

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An arbitration award may not be the end of the road in patent disputes - Several cases serve as examples to the contrary

When a patent dispute goes to arbitration, there is the possibility that an outside party could try to influence the outcome by going to court. This may come as a surprise, given that Section 294 of the Patent Act specifies that…more

Arbitration, Collateral Estoppel, Infringement, Patents

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Developmental Negotiation

When you’re gearing up for a negotiation, it’s natural to want to focus solely on your client’s interests. After all, it’s what they pay you to do! But by doing so, you may actually work against your client’s best…more

Client Services, Negotiations, Young Lawyers

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Five Things You Didn’t Know about Mediation

Mediators are always learning about what helps – and what doesn’t – when it comes to resolving disputes. This is what makes them effective at finding common ground between parties. There is always something new to learn about…more

Mediation

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Mediation Tips: Bidding against Yourself—For Fun and Profit

Without a doubt, the words mediators most often hear from counsel are “I won’t bid against myself.” This phrase is engraved as immutable law in the hearts and minds of virtually all counsel who come to mediation. By this, they…more

Mediation

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Construction Defect Disputes and the Abandoned Policyholder: Getting the Carrier to the Table

There is much that can go wrong in any large construction project: improper installations, defective products, errors and omissions made by designers, unexpected site conditions—the list is long. Insurance coverage or a…more

Builder's Risk Exclusion, Construction Defects, Construction Disputes, Construction Workers, Contractors

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Mediating Complex Cases

Mediating any case can be difficult. But complex litigation, which includes class actions and Multi-District Litigation (MDLs), presents special issues. …more

CAFA, Class Action, Complex Litigation, Mediation, Multi-Party Litigation

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JAMS Global Construction Solutions -- Winter 2013

In This Issue: Using Integrated Project Delivery to Avoid Construction Conflict and Disputes; Admissibility of Nonbinding Written Dispute Board Recommendations; Be an Expert with Experts and Notices & Events. Excerpt…more

Admissibility, Arbitration, Construction Contracts, Global Construction Solutions

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Arbitrator Selection

Much has been written in recent years about whether arbitration has lived up to its billing as a “better, faster, cheaper” alternative to litigation. No matter one’s views about this, litigation is undoubtedly very costly, and…more

Arbitration, Arbitrators

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Washington Could Use A Little More Mediation

Most of us were at least slightly frustrated by Washington’s inability to reach agreement over budget and debt limit issues in the past weeks and months. In fact this kind of dysfunction and brinksmanship has become more of a…more

Debt Ceiling, Federal Budget, Mediation, Political Debates

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The Rise in Pregnancy-Related Employment Discrimination Claims

Laws protecting female workers from discrimination have succeeded, more women are entering and remaining in the workforce in more diverse occupations than ever before. With expanded participation has come the need to adapt the…more

Employee Rights, Pregnancy, Pregnancy Discrimination, Reasonable Accommodation

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IP, trade secrets and employee mobility - Judges and attorneys discuss top-of-mind issues for Silicon Valley tech employers

Increasingly today, the value of a company is measured not by its physical assets, but by the talents of its employees and the utility of its intellectual property. Because of their knowledge and experience, talented employees…more

Employee Retention, Patents, Restrictive Covenants, Silicon Valley, Startups

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Judicial Reference, A Forgotten Tool: To avoid common delays in traditional litigation, parties can rely on referees to resolve some, or all, of the claims

Let’s say you’re a rising star in your firm, and you’re looking for a way to break out of the pack. Your clients are frustrated by the glacial speed with which their case is slogging through the courts. They want your firm to do…more

Judicial Reference

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Ethical Challenges of Aggregate Settlement Agreements

Aggregate settlements pose several ethical challenges, primarily because they involve lawyers representing the interests of more than one client. Care must be taken at all times to ensure the interests of all clients are…more

Ethics, Legal Ethics, Settlement

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Areas of Practice
  • Alternative Dispute Resolution
Locations
Other U.S. Locations
  • California
  • Colorado
  • D.C.
  • Florida
  • Georgia
  • Illinois
  • Maryland
  • Massachusetts
  • Nevada
  • New York
  • Pennsylvania
  • Texas
  • Washington
Other Countries
  • Denmark
  • Italy
  • United Kingdom
Number of Attorneys

100+ Attorneys

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