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In England & Wales proceedings are subject to a series of "Pre-Action Protocols" which set out the steps a Court would expect parties to take prior to commencing proceedings. The Pre-Action Conduct and Protocols applies to...more
After being sued for trademark infringement, Oakland has hit back at San Francisco with a countersuit for declaratory relief. The declaratory relief decision will similarly answer the question of whether Oakland's use of the...more
In advance of a new trial to determine damages for patent infringement, a district court denied plaintiff’s motion to preclude defendants from introducing the terms of plaintiff’s settlement offers. The district court...more
Suppose we compare how orchestra violinists are paid to how residential real estate agents are paid. In contrast to violinists, who must spend a fixed amount of time in rehearsals and concerts, real estate agents receive the...more
The year 2024 holds the potential for significant developments in the World Trade Organization (WTO) dispute settlement mechanism. With the upcoming 13th Ministerial Conference (MC13) in February, members may reach agreements...more
While there are certain elements present in every mediation, some types of cases are unique. A wage-hour collective or class action breaks the typical mediation paradigm. In most employment law-based mediations one expects...more
Start with the obvious fundamental difference between a wrongful death mediation session and any other: the subject of the mediation itself is absent and will never return. That difference, in my experience, dictates a...more
As most attorneys are aware, the settlement of a class action can be quite complicated. Unlike “one vs. one” cases, class actions involve terms that go beyond simple dollars and cents issues. This is particularly true since...more
A California appellate court recently issued a warning to employees who try to negotiate settlements with their employers by making veiled threats to report an employer's real or imagined criminal activity. In Stenehjem v....more
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...more
David McMahon was quoted in an Aug. 8, 2013, in a Law360 article, 5 Tips For Crafting An Airtight Settlement, (subscription required) about the petroleum company BP's court fight over settlement payments connected to the...more
New statutory provisions on confidential pre-termination negotiations will come into force in the UK on 29 July 2013. In simple terms, the new provisions permit discussions between employers and employees about terminating...more
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