Given the number of class actions and other representative matters filed across the country, a phenomenon known as the reverse auction has increasingly evolved over the past decade, which affects both the process by which...more
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...more
I have recently discovered some additional, impasse-busting techniques for your consideration when the negotiating process grinds to a halt.
The Mediator’s Bracket -
This is a useful technique in both early and late...more
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
5/20/2015
/ Clear Error Standard ,
Intellectual Property Litigation ,
Mediation ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Standard of Review ,
Teva Pharmaceuticals ,
Trademark Litigation ,
Trademark Trial and Appeal Board ,
Trademarks
There comes a time in every mediation when negotiations reach an impasse. Negotiations can stall at the outset of a mediation when the parties are unwilling to bargain with one another either because “it is the other side’s...more
As a former trial lawyer, I know well the unpopularity of arbitration among litigators. The list of reasons rolls easily off the tongue of any experienced trial lawyer:
1. The arbitrator does not have to follow the...more
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
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...more
Recent examples of data breaches resulting in invasion of privacy lawsuits abound. Target and other retailers, financial services companies and other businesses have had their internal data systems breached and consumers’...more
5/30/2014
/ Class Action ,
Commercial General Liability Policies ,
Cyber Insurance ,
Cybersecurity ,
D&O Insurance ,
Data Breach ,
Data Protection ,
Nonbank Firms ,
Personally Identifiable Information ,
Privacy Laws ,
Retailers ,
Target
We have all encountered the spiteful litigant. Maybe it’s the husband in a divorce who says that he is going to Las Vegas and putting the marital estate on red or black at the roulette wheel. If he wins he will split it with...more