JAMS

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
| Civil Rights, Labor & Employment Law

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
| Alternative Dispute Resolution (ADR)

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
| Alternative Dispute Resolution (ADR), Personal Injury, Real Estate - Residential

Employees and Employers

Following are two interesting and recent federal court rulings related to arbitration. Future Disputes are beyond Arbitral Authority Minnesota Nurses Association v. North Memorial Health Care After completing 30…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Health, Labor & Employment Law

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
| Wills, Trusts, & Estate Planning

Construction Defect Insurance Disputes Are Daunting Puzzles, But Neutrals Fit the Pieces Together

Think construction defects cases are complicated? Try looking at them from the perspective of the neutrals who guide parties to settlement. Complicated only begins to describe what one experienced neutral calls working on a…more
| Alternative Dispute Resolution (ADR), Commercial Law & Contracts, Construction Law, Insurance

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
| Labor & Employment Law

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
| Alternative Dispute Resolution (ADR)

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
| Alternative Dispute Resolution (ADR), Commercial Law & Contracts, Construction Law, Government Contracting

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
| Alternative Dispute Resolution (ADR), Commercial Law & Contracts, Insurance

Beware the midnight clause: Hold the champagne?

Is it time to celebrate? - It’s midnight. The champagne is on ice. It was a tough negotiation but your attorney got all the key terms you wanted. With a few finishing touches on the contract, the deal will be done and…more
| Alternative Dispute Resolution (ADR), Commercial Law & Contracts

Witnesses in Arbitration – Federal Arbitration Act

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). My…more
| Alternative Dispute Resolution (ADR), Civil Procedure

Fees & FINRA

Following are two interesting and recent federal court rulings related to arbitration. Award of Attorney’s Fees Associated with Motion to Confirm Reversed on Appeal - Zurich American Insurance (as subrogee of Vinmar…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Civil Remedies, Commercial Law & Contracts, Finance & Banking

Make the Most of your Mediation: The Employment Case

Mediating employment disputes before legal action is filed gives parties an opportunity to settle their differences before incurring impressive attorney’s fees and expending valuable effort. Yet, it’s no easy thing to settle a…more
| Alternative Dispute Resolution (ADR), Civil Rights, Labor & Employment Law

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
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Insurance
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