JAMS, The Resolution Experts

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Irvine, California 92614 , United States

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Effect On Settlement Of Post-Grant Patent Review Proceedings

The recent America Invents Act both modified and created procedures for challenging patents in proceedings before the United States Patent and Trademark Office (PTO) after they have been issued, which are called post grant…more
| Civil Procedure, Intellectual Property

Big Mac Attack: Is the Franchisor a Joint Employer?

On July 29, 2014, the National Labor Relations Board (“NLRB”) issued a brief statement that could turn labor law in the world of franchising upside down. The NLRB’s General Counsel stated that it plans to go forward with a…more
| Labor & Employment Law, Franchise Law

JAMS Dispute Resolution Alert, Summer 2014

In This Issue: - Experts Predict ADR Will Help Resolve Affordable Care Act Claims - ADR News & Case Updates - Domestic Focus ..Supreme Court Ruling Expands Whistleblower Protections - Good…more
| Alternative Dispute Resolution (ADR), Commercial Law & Contracts, Labor & Employment Law, Health, International Law & Trade

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
| Alternative Dispute Resolution (ADR)

Mediation of Insurance Coverage Cases

Resolving insurance coverage disputes through mediation requires careful assessment of three unique elements: the insurance policy, the rules applicable to the application of the policy and the cases construing the policy…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Insurance

Developmental Negotiation: Preliminary Stage

Developmental negotiation involves a plan and execution of the development of all five stages to maximize the likelihood of a beneficial outcome. The five stages are preliminary, preparation, information, negotiation and…more
| Alternative Dispute Resolution (ADR)

Start Spreading the News: Mandatory Mediation Comes to New York

As someone who started her legal career as a litigator, I, like many other litigators, viewed mandatory mediation with both skepticism and some suspicion. When my client was sent to court-ordered mediation by a judge in the SDNY…more
| Alternative Dispute Resolution (ADR), Commercial Law & Contracts

Make the Most of Your Mediation: The Brief

Lawyers wonder, what’s the point of writing a good brief when it seems that judges barely skim them? Judges grumble that briefs are notoriously dense and barely readable. And yet an informative and concise brief is the…more
| Alternative Dispute Resolution (ADR), Civil Procedure

Is Your Arbitration Clause Outmoded?

Although arbitration is a “creature of contract” and many arbitrations proceed in the manner outlined in the arbitration clause, it is not unusual for the parties and their counsel to alter the terms of the original clause to…more
| Alternative Dispute Resolution (ADR), Commercial Law & Contracts

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
| Civil Procedure

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
| Alternative Dispute Resolution (ADR), Civil Procedure

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

“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
| Alternative Dispute Resolution (ADR), Art, Entertainment, & Sports Law, Civil Procedure, Commercial Law & Contracts, Intellectual Property

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

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
| Alternative Dispute Resolution (ADR)
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100+ Attorneys

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