JAMS

JAMS Global Construction Solutions Newsletter, Spring 2016

Spearin Lite? The Limited Implied Warranty in a Construction Management at Risk Project - We are all familiar with the Spearin doctrine: In the classic design-bid-build project delivery system, an owner furnishes stamped…more

Arbitration, Arbitrators, Construction Contracts, Corruption, Damages

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IP Matters, Fall 2015

Textile Copyright Cases Ripe for ADR - While normally focused on music and media matters, copyright lawyers in California have grown busy with something else: fabrics. Hundreds of textile copyright suits involving fabric…more

Arbitration, Bayer, CA Supreme Court, Cartwright Act, Copyright Litigation

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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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Consolidation and Conflict in the Health Care Industry

The health care industry has experienced a significant increase in consolidations among providers of facilities and services alike. From drugs to devices to service providers, 2014 saw the largest consolidation within the health…more

Healthcare, Medicare, Physician Medicare Reimbursements

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12 Steps to an Effective Mock Trial

While the mock trial has become standard operating procedure in the preparation of a high-stakes jury trial, it is rarely used in the preparation of a bench trial or arbitration. As bench trials and arbitrations often involve…more

Arbitration, Litigation Strategies, Trial Plan, Trials, Young Lawyers

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The Key “Moral” from Stories Mediators Tell

The theme of the 2014 Mediation Week was inspired by Stories Mediators Tell, a moving and illuminating collection of stories about the often dramatic facts of mediation life that Editors Eric R. Galton and Leila P. Love coaxed…more

American Bar Association (ABA), Mediation, Professional Conferences

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The Deflategate Drama: A Win for the Patriots Scores a Touchdown for Arbitration

The “Deflategate scandal,” in which the New England Patriots, and in particular their star quarterback, Tom Brady, were accused of deflating footballs beneath the required PSI (12.5-13.5 psi) to somehow gain an advantage over…more

Arbitration Awards, Arbitrators, Collective Bargaining Agreements (CBA), Deflategate, Discipline

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JAMS Global Construction Solutions Newsletter, Spring 2015

In This Issue: - "The 39 Steps: Is Your ADR Clause as Frightening as an Alfred Hitchcock Thriller?" - "Settle Now, Argue Later: Expedited Construction Adjudication Is Coming to North America" - "How to…more

Construction Industry, Double Jeopardy, JAMS

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JAMS Employment Matters Newsletter, Spring 2015

In This Issue: - You Can’t Fire Me... I’m on FMLA - The Rise in Pregnancy-Related Employment Discrimination Claims - Addressing Emotions That Drive Disparate Views of Fairness - Unpaid Interns Gain…more

ADA, California Family Rights Act (CFRA), Employer Liability Issues, FMLA, Pregnancy Discrimination

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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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IP Dispute Resolution Review Newsletter, Spring 2015

In This Issue: - The New “Clear Error” Standard of Review in Patent Infringement Mediation - Trademark Trial Appeal Board Decisions Now Have Preclusive Effect - Engaging Panelists for Neutral Analysis Provides…more

Clear Error Standard, Intellectual Property Litigation, Mediation, Patent Infringement, Patent Litigation

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Witnesses in Arbitration – California Arbitration Act (Part I)

Testimony and documents may be obtained in arbitration in accordance with the parties’ agreement, the applicable institutional arbitration rules and provisions of law (federal and state arbitration acts, as applicable). This…more

Arbitration, Arbitration Agreements, Arbitrators, Depositions, Discovery

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Mediation is About Cutting a Business Deal

Mediation is popular with business people and their counsel because it is a low risk process with a remarkably high success rate. It is far less expensive than trial since it usually takes only a day or two and avoids costly…more

Dispute Resolution, Mediation, Policies and Procedures

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Three Lessons about ADR

Having recently completed a manual about the ADR process, there are three features of mediation that jump out at me as noteworthy, but are often overlooked by the practitioner. First are the multiple opportunities for the alert…more

Arbitration, Mediation

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New JAMS Arbitration Rules Offer Emergency Relief Procedures

Parties choose arbitration because it provides for a controlled process. Within that process, there is one relatively rare situation when a party requires immediate relief to get a certain aspect of the case resolved quickly and…more

Arbitration, Arbitrators, Emergency Rule, JAMS, New Regulations

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My Class Action Checklist

For a number of years now, I have enjoyed successfully resolving complex class action matters. The cases are challenging, the counsel astute and the results rewarding…more

Class Action, Complex Litigation, Litigation Strategies, Young Lawyers

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IP Matters, Fall 2015

Textile Copyright Cases Ripe for ADR - While normally focused on music and media matters, copyright lawyers in California have grown busy with something else: fabrics. Hundreds of textile copyright suits involving fabric…more

Arbitration, Bayer, CA Supreme Court, Cartwright Act, Copyright Litigation

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Make the Most of Your Mediation: The Neighbor Dispute

Disputes between neighbors are among the most blistering battles in the courthouse. As one advocate observed during a break in Day 3 of Hatfield v. McCoy, “At least in a divorce, one of the parties moves out of the house.” Like…more

Homeowners, Mediation, Private Nuisance, Property Owners, Rental Property

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Employment Matters Newsletter, Spring 2016

Employee versus Independent Contractor: The Latest - Courts have been dealing with the issue of whether a worker is considered an employee or an independent contractor for many years. The common law established specific…more

Lyft, Misclassification, Non-Compete Agreements, Sharing Economy, Trade Secrets

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Achieving Workable – and Just – ADR Results in Family Law

Mediation, the ADR vehicle most commonly used in family law cases, frequently results in a final settlement – but often only after a marathon session dealing with the many important issues in the lives of family members…more

Divorce, Marital Settlement Agreements, Mediation, Settlement Negotiations

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Early Mediation of Insurance Coverage Disputes

Mediation of insurance coverage disputes prior to the filing of a lawsuit is becoming more common. In part, this trend is the result of ADR provisions in insurance policies that require that the policyholder and insurer mediate…more

Arbitration, Denial of Insurance Coverage, Dispute Resolution, Insurance Litigation, Mediation

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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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Health Care Matters, Summer 2016

Special Masters in Health Care Antitrust Merger Cases: Resolving the Conflicting Interests - One of the most challenging aspects of antitrust cases in the health care field is the rich mixture of public interest…more

Affordable Care Act, Anti-Kickback Statute, Antitrust Investigations, Arbitration, Conflicts of Interest

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The Alternative Dispute Resolution Case Evaluator’s Role in Contemplated and Pending Litigation

As the use of alternative dispute resolution has increased over the past several decades, so have the options available to parties. One of the more frequently used processes now available is an evaluation of potential or pending…more

Business Litigation

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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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Employment Matters Newsletter, Fall 2015

With Experimental Benefits Come Additional Legal Considerations - Corporate experimentation, combined with innovative employment practices designed to promote more flexible work environments, may be transformative. These…more

Employee Benefits, First Amendment, FMLA, Free Speech, Gender Discrimination

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Employment Matters Newsletter, Spring 2016

Employee versus Independent Contractor: The Latest - Courts have been dealing with the issue of whether a worker is considered an employee or an independent contractor for many years. The common law established specific…more

Lyft, Misclassification, Non-Compete Agreements, Sharing Economy, Trade Secrets

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Uber, DirecTV and Beyond

Much of corporate America is determined to require consumers and employees to arbitrate disputes, including waiving their right to participate in class action lawsuits. …more

Arbitration Agreements, Class Action, Class Action Arbitration Waivers, DirectTV, Federal Arbitration Act

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IP Matters, Fall 2015

Textile Copyright Cases Ripe for ADR - While normally focused on music and media matters, copyright lawyers in California have grown busy with something else: fabrics. Hundreds of textile copyright suits involving fabric…more

Arbitration, Bayer, CA Supreme Court, Cartwright Act, Copyright Litigation

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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, Fall 2015

Reflections from the ADR Summit - GEC panelist Judge Nancy Holtz recently spoke with some of the attendees of the ABA Forum on Construction Law Fall Meeting in Austin, Texas, which included the Chair of the Forum, Harper…more

Arbitration, Arbitrators, Confidential Information, Mediation, Settlement Agreements

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JAMS Global Construction Solutions Newsletter, Summer 2016

Q&A with Linda Turteltaub, Skanska USA Building - Today, we are talking with Linda Turteltaub, Corporate Counsel, Skanska USA Building. Linda has worked in both construction and as a construction lawyer prior to joining…more

Arbitration, Conciliation, Construction Contracts, Construction Industry, Germany

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JAMS Employment Matters Newsletter, Spring 2015

In This Issue: - You Can’t Fire Me... I’m on FMLA - The Rise in Pregnancy-Related Employment Discrimination Claims - Addressing Emotions That Drive Disparate Views of Fairness - Unpaid Interns Gain…more

ADA, California Family Rights Act (CFRA), Employer Liability Issues, FMLA, Pregnancy Discrimination

See All Updates »

Employment Matters Newsletter, Fall 2015

With Experimental Benefits Come Additional Legal Considerations - Corporate experimentation, combined with innovative employment practices designed to promote more flexible work environments, may be transformative. These…more

Employee Benefits, First Amendment, FMLA, Free Speech, Gender Discrimination

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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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Why Mediate Employment Issues?

Considering the ever-increasing costs of litigation and that most employment disputes are either dismissed or settled before ever going to trial, counsel should give serious consideration to early mediation for these matters…more

Mediation

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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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Employment Matters Newsletter, Fall 2015

With Experimental Benefits Come Additional Legal Considerations - Corporate experimentation, combined with innovative employment practices designed to promote more flexible work environments, may be transformative. These…more

Employee Benefits, First Amendment, FMLA, Free Speech, Gender Discrimination

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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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A Mediator’s Pleas(e)

As counsel, you have represented clients in hundreds of mediations. You have taken courses in the art (it certainly is not science) of mediation. Perhaps you even have served as a mediator. In your role as an advocate, you know…more

Client Services, Mediation

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Resolving Complex Environmental Disputes

This article discusses early cooperation between parties and insurers in resolving complex environmental disputes. It summarizes strategies that recently succeeded in a six-way dispute over the costs of investigating and…more

Contamination, Groundwater, Mediation

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Understanding the benefits of a private judge in California

Civil litigants, how would you like to have a process that allows the parties to determine the decision-maker, preserves all civil remedies and appellate rights and ensures effective case management and hearing and trial dates…more

Appellate Review, Cal Code of Civil Procedure, Judges, Jury Trial, Stipulations

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Selecting a Neutral at Case Inception

Every attorney who works as a litigator knows that litigation is a stressful and often frustrating exercise. Experienced litigators strive to provide the best representation for their clients while attempting to find ways to…more

Dispute Resolution, Litigation Strategies

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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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Don’t Let Coverage Issue Delay Settlement

There are a number of steps in-house counsel can take to increase the likelihood of mediation while working with outside counsel on cases defended by carriers. Some mediations directly involve insurance, such as those…more

Cost Allocation, Duty to Defend, Indemnification, Insurance Industry, Mediation

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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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JAMS Global Construction Solutions Newsletter, Summer 2016

Q&A with Linda Turteltaub, Skanska USA Building - Today, we are talking with Linda Turteltaub, Corporate Counsel, Skanska USA Building. Linda has worked in both construction and as a construction lawyer prior to joining…more

Arbitration, Conciliation, Construction Contracts, Construction Industry, Germany

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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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JAMS Global Construction Solutions Newsletter, Fall 2014

In This Issue: - Can the cost of international arbitration be controlled? - Sealing the deal: critical Issues in the preparation of mediated settlement agreements - Mediation decision-makers need…more

International Arbitration, JAMS, Mediation, Non-Judicial Settlement Agreements

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Let’s Settle This PI Case! - When it comes to personal injury mediation, there are no “rules” but there are mistakes

A well-regarded plaintiff personal injury attorney asked me why he was having trouble settling cases at mediation. Although my experience in mediation is that the cases are settling, discussions with others suggest there are…more

Mediation, Professional Development, Settlement

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Diversity Matters

A casual look around the room at any major mediation conference will quickly confirm that women and minorities are still significantly under represented. It may be a long slow journey to create more representative panels…more

American Bar Association (ABA), Diversity, JAMS, Mediation

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60s On 6; Sirius Trouble

SiriusXM Radio operates both satellite and internet radio, broadcasting many stations for every musical taste. Its Channel 6 features music from the 60s and called 60s on 6. In September 2014, Judge Philip Gutierrez in the…more

Broadcasting, Copyright, Mediation, Motion for Summary Judgment, Public Performance Rights

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Joint Sessions: Are Lawyers Right to Hate Them?

Mention holding a joint session and you are sure to provoke an argument between mediators and teachers of mediation on one side and lawyers who represent clients in mediations on the other. That dichotomy is not wholly accurate…more

Joint Sessions, Mediation

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Health Care Matters, Summer 2016

Special Masters in Health Care Antitrust Merger Cases: Resolving the Conflicting Interests - One of the most challenging aspects of antitrust cases in the health care field is the rich mixture of public interest…more

Affordable Care Act, Anti-Kickback Statute, Antitrust Investigations, Arbitration, Conflicts of Interest

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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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Recent Changes in Testamentary Capacity Rules

Estate planners and litigators face new challenges in light of recent developments in case law and statutory changes affecting the law of testamentary capacity. Gone are the simple rules that estate planners have used for their…more

Estate Planning, Joint Accounts, Testamentary Capacity, Trusts, Wills

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Employment Matters Newsletter, Fall 2015

With Experimental Benefits Come Additional Legal Considerations - Corporate experimentation, combined with innovative employment practices designed to promote more flexible work environments, may be transformative. These…more

Employee Benefits, First Amendment, FMLA, Free Speech, Gender Discrimination

See All Updates »

Employment Matters Newsletter, Spring 2016

Employee versus Independent Contractor: The Latest - Courts have been dealing with the issue of whether a worker is considered an employee or an independent contractor for many years. The common law established specific…more

Lyft, Misclassification, Non-Compete Agreements, Sharing Economy, Trade Secrets

See All Updates »

JAMS Global Construction Solutions Newsletter, Fall 2015

Reflections from the ADR Summit - GEC panelist Judge Nancy Holtz recently spoke with some of the attendees of the ABA Forum on Construction Law Fall Meeting in Austin, Texas, which included the Chair of the Forum, Harper…more

Arbitration, Arbitrators, Confidential Information, Mediation, Settlement Agreements

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Technological Advances Help Resolve Disputes

The modern lawyer has a very different lexicon from her predecessors, and an entirely new array of tools for practicing law and managing the practice of law. This is the era of the Internet of Things, where Big Data is…more

Automation Systems, E-Commerce, Mediation, Negotiations

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Health Care Matters, Summer 2016

Special Masters in Health Care Antitrust Merger Cases: Resolving the Conflicting Interests - One of the most challenging aspects of antitrust cases in the health care field is the rich mixture of public interest…more

Affordable Care Act, Anti-Kickback Statute, Antitrust Investigations, Arbitration, Conflicts of Interest

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From Bench to Mediator — Some Observations about the Transition

As the 2014 Mediation Week kicks off, I wanted to share my perspective about transitioning from a judge to a neutral. So far this experience has been incredibly rewarding and very interesting. I thought my clients would enjoy my…more

Dispute Resolution, Mediation

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Pregnancy Discrimination Claims Grow

With expanded participation of women in the workforce, there is a need to adapt the workplace to pregnant and breast-feeding workers. Enacted in 1978, the Pregnancy Discrimination Act banned employment discrimination on the…more

ADA, Affordable Care Act, Breastfeeding, EEOC, Employer Liability Issues

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Employment Matters Newsletter, Spring 2016

Employee versus Independent Contractor: The Latest - Courts have been dealing with the issue of whether a worker is considered an employee or an independent contractor for many years. The common law established specific…more

Lyft, Misclassification, Non-Compete Agreements, Sharing Economy, Trade Secrets

See All Updates »

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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Artists, Entertainers and Mediation: Where the paths meet

I’m a lawyer and have been a full-time mediator for more than 20 years. Before I went to law school, I spent 10 years working as a professional dancer, seven as a member of the Alvin Ailey American Dance Theater. I didn’t study…more

Arbitration, Art, Authors, Dispute Resolution, Entertainment Industry

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Allocation Methodology

This article will focus on the due process aspect of allocation methodologies in mass tort class actions and multidistrict litigations. This typically involves the substantive right to allocation and procedurally how the process…more

Allocation of Funds, Class Action, Mass Tort Litigation, Settlement

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Mediation and Mentoring

WAYNE THORPE: Can you tell us how you went about making the transition from being a practicing lawyer to a full-time neutral? MICHAEL YOUNG: About seven to eight years into my career as a lawyer, in 1985 or 1986, I was…more

Mediation, Mentors

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Contact

18881 Von Karman Ave., #350
Irvine, California 91612, United States

  • 1-800-352-5267

Areas of Practice
  • Alternative Dispute Resolution
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Other U.S. Locations
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100+ Attorneys

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