Technology disputes are often quite complex, and they frequently require a speedy and cost-efficient resolution. Some organizations are adopting special rules for technology arbitrations, while others rely on their...more
A podcast from JAMS featuring neutrals Barbara A. Reeves, Esq., CEDS, and Katherine Hope Gurun, Esq., on the top challenges businesses are facing as a result of supply chain disruption and how ADR techniques can help.
In...more
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
8/27/2016
/ Affordable Care Act ,
Anti-Kickback Statute ,
Antitrust Investigations ,
Arbitration ,
Conflicts of Interest ,
Cyber Attacks ,
Cyber Insurance ,
Data Protection ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
FERA ,
Health Care Providers ,
Hospital Mergers ,
Incident Response Plans ,
Mediation ,
Medicaid ,
Medicare ,
Patient Privacy Rights ,
Qui Tam ,
Ransomware ,
Special Master
It is an otherwise normal day until you, the General Counsel, receive a call from the CIO: “We have a cyber-security breach. We’ve identified some unusual activity and it appears that data has been sent out through unknown...more
Mediation is the most widely used ADR approach today and has been for the past generation. In the course of becoming widespread it has also become predictable. It has become predictable that last month one party told me a...more
Most mediations begin and end in a single day. As much as the parties would benefit from a leisurely pace to explore all the factual and legal issues, today’s practice is to schedule only one day, or even a half-day, to...more
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
Lawyers and mediators sometimes fail to appreciate that a mediation requires as much advance planning and consideration of strategy as a trial. Too often, lawyers (and some mediators) pick up the file a day or two in advance...more
The California Supreme Court recently issued its longawaited coverage decision in Hartford Casualty Ins. Co. v. Swift Distribution, Inc., 59 Cal. 4th 277 (2014). The Court, applying California state law, upheld the trial...more
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
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
If you have ever remodeled or built a house, you can begin to understand a significant issue that has generated both litigation and legislation arising out of defective construction: Do comprehensive general liability (“CGL”)...more
There comes a time in many arbitrations when a tension develops between the parties and the arbitrator. While it is common of course for tensions to exist between the parties to the arbitration, most arbitrators strive to...more
In This Issue:
QnA with the JAMS Global Engineering and Construction Group; Engineering Mediations for Success; Who's in charge of this arbitration anyways?; and Notices & Events.
Excerpt from QnA with the JAMS...more