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18881 Von Karman Ave., #350
Irvine, California 91612, United States
Phone: 1-800-352-5267
Areas of Practice
  • Alternative Dispute Resolution
Locations
Other U.S. Locations
  • California
  • Colorado
  • D.C.
  • Florida
  • Georgia
  • Illinois
  • Maryland
  • Massachusetts
  • Minnesota
  • Nevada
  • New York
  • Pennsylvania
  • Texas
  • Washington
Other Countries
  • Canada
  • China
  • Ireland
  • Italy
  • Netherlands
  • South Korea
  • United Kingdom
Number of Attorneys
100+ Attorneys

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

Arbitration, Arbitrators, Construction Contracts, Corruption, Damages

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IP Matters, Fall 2015

Textile Copyright Cases Ripe for ADR - While normally focused on music and media matters, copyright lawyers in California have grown busy with something else: fabrics. Hundreds of textile copyright suits involving fabric…more

Arbitration, Bayer, CA Supreme Court, Cartwright Act, Copyright Litigation

See all updates »

Making the Most of a Half-Day Employment Mediation

Parties opt for half-day mediations in employment cases for a variety of reasons. Such mediations are often scheduled in close proximity to hearing dates for summary judgment motions, class certification motions or even…more

Mediation, Memorandum of Understanding, Young Lawyers

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Diversity and Mediation

Imagine two parties locked in a bitter and acrimonious dispute that has gone through six years of hotly contested litigation. At issue are the ownership and control of at least a dozen commercial and residential properties…more

Conflict Resolution, Contested Proceedings, Dispute Resolution, Diversity, Mediation

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ADR And The Solomonic Solution

When I tell new acquaintances that I am a mediator and arbitrator, I often am confronted with reactions that are variations on a single theme: “I don’t like mediation or arbitration: They are just two different methods of…more

Arbitration, Dispute Resolution, Mediation

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Consolidation and Conflict in the Health Care Industry

The health care industry has experienced a significant increase in consolidations among providers of facilities and services alike. From drugs to devices to service providers, 2014 saw the largest consolidation within the health…more

Healthcare, Medicare, Physician Medicare Reimbursements

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12 Steps to an Effective Mock Trial

While the mock trial has become standard operating procedure in the preparation of a high-stakes jury trial, it is rarely used in the preparation of a bench trial or arbitration. As bench trials and arbitrations often involve…more

Arbitration, Litigation Strategies, Trial Plan, Trials, Young Lawyers

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The Merits of Early Neutral Evaluation

I am a professional mediator – and a passionate devotee of its virtues. Mediation, however, can take many forms, depending on the individual needs of a particular dispute or its parties. In my book, for example, I address the…more

Dispute Resolution, Mediation

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The Deflategate Drama: A Win for the Patriots Scores a Touchdown for Arbitration

The “Deflategate scandal,” in which the New England Patriots, and in particular their star quarterback, Tom Brady, were accused of deflating footballs beneath the required PSI (12.5-13.5 psi) to somehow gain an advantage over…more

Arbitration Awards, Arbitrators, Collective Bargaining Agreements (CBA), Deflategate, Discipline

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JAMS Global Construction Solutions Newsletter, Summer 2018

Five Strategies for Effective Settlement Negotiations - Every litigator knows that many more cases settle than go to judgment. At some point in almost every lawsuit, the parties will discuss settlement, either on their own or…more

Construction Industry, Dispute Resolution, Mediation, Settlement Negotiations

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Mediation Magic: Transforming Adversity into Collaboration

Bitterly adversarial opening statements and attempts to intimidate the opposing side set the tone in too many mediations. In one case after both sides enthusiastically started down that intensely negative path, I privately…more

Arbitration, Dispute Resolution, Mediation

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JAMS Global Construction Solutions Newsletter, Summer 2017

Expedited Construction Adjudication: A Better Process for Resolution of Performance Bond Disputes - For the sake of the parties and the construction project, it would be ideal if major contested construction disputes,…more

Adjudicatory Process, Arbitration, Construction Contracts, Construction Disputes, Construction Industry

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Making Years of Mediation Mistakes: What I’ve Learned

After 10 years on the bench conducting settlement conferences, I anticipated that becoming a mediator would be easy. Seventeen years later I am writing an article I could call “How To Do Mediations Wrong.” Mistakes have taught…more

Mediation

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JAMS Employment Matters Newsletter, Spring 2015

In This Issue: - You Can’t Fire Me... I’m on FMLA - The Rise in Pregnancy-Related Employment Discrimination Claims - Addressing Emotions That Drive Disparate Views of Fairness - Unpaid Interns Gain…more

ADA, California Family Rights Act (CFRA), Employer Liability Issues, FMLA, Pregnancy Discrimination

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Parenting Plan Mediation Helps Kids

Discussion about parenting plan mediation generally focuses on the people at the table – the parents. Those parents who reach agreement express satisfaction. They save time and money by avoiding further action in court. They…more

Divorce, Mediation, Parenting Plans

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IP Dispute Resolution Review Newsletter, Spring 2015

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

Clear Error Standard, Intellectual Property Litigation, Mediation, Patent Infringement, Patent Litigation

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Witnesses in Arbitration – California Arbitration Act (Part I)

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). This…more

Arbitration, Arbitration Agreements, Arbitrators, Depositions, Discovery

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Five Steps to Facilitate a Fair and Efficient Arbitration

Following are some tips to help even the most experienced counsel take advantage of one of arbitration’s best benefit: flexibility. 1. Design the Process at the Preliminary Conference The preliminary conference is a good…more

Arbitration, Arbitrators, Discovery, Preliminary Hearings

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A dozen top tips for mediating a federal law case

What elements are used to successfully settle a federal court case? We sat down with four retired U.S. District Court judges from our JAMS Washington, D.C./Maryland panel to gather their insights into what those key elements are…more

Mediation, Negotiations, Settlement Agreements

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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 often overlooked by the practitioner. First are the multiple opportunities for the alert…more

Dispute Resolution, Mediation

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Bracketing the “Zone”: Getting to the range in which bargaining succeeds

Over the last 10 to 15 years, the term “bracketing” has emerged to summarize the mediation process of negotiating the high and low of the bargaining zone. For a variety of reasons, some users of mediation services resist the…more

Arbitration, Mediation, Negotiations, Settlement Negotiations

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New JAMS Arbitration Rules Offer Emergency Relief Procedures

Parties choose arbitration because it provides for a controlled process. Within that process, there is one relatively rare situation when a party requires immediate relief to get a certain aspect of the case resolved quickly and…more

Arbitration, Arbitrators, Emergency Rule, New Regulations

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Bullying the Bully with Mediation: Extortion or Blessing?

With increasing frequency, lawyers throughout the country are handling bullying cases. I have mediated matters and followed highly publicized cases where students were the targets of videos posted on social media that spewed…more

Bullying, Cyberbullying, Mediation

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Mediation 101: A Primer

The growth in the use of mediation to settle a wide variety of disputes means more and more parties – and their lawyers – are considering this alternative to litigation. As mediation grows in popularity, it might be beneficial…more

Dispute Resolution, Mediation

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IP Matters, Fall 2015

Textile Copyright Cases Ripe for ADR - While normally focused on music and media matters, copyright lawyers in California have grown busy with something else: fabrics. Hundreds of textile copyright suits involving fabric…more

Arbitration, Bayer, CA Supreme Court, Cartwright Act, Copyright Litigation

See all updates »

JAMS Employment Matters - Winter 2017

The Sunk Cost Fallacy: Why Workers Stay with Bad Jobs, Employers Keep Poorly Performing Employees and More Discovery May Backfire - In economics, a sunk cost is any cost that has already been paid and cannot be recovered. The…more

Interstate Commerce, Mediation, Preemption, Settlement

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Co-Mediation When Two Heads Are Better Than One

Who is the perfect mediator for your next case? Is it someone who can size up the room quickly and delve into the meat of the matter? Or perhaps this time you need an empathic listener who can give a wounded party his day in…more

Dispute Resolution, Mediation

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Why Ego Management Is Key to Effective Mediation

The plane banked slowly to the left before gliding across the Potomac River and touching down at what was then Washington’s National Airport. The year was 1991, and I had recently left the law to begin my second career as a…more

Mediation

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JAMS Global Construction Solutions Newsletter, Summer 2018

Five Strategies for Effective Settlement Negotiations - Every litigator knows that many more cases settle than go to judgment. At some point in almost every lawsuit, the parties will discuss settlement, either on their own or…more

Construction Industry, Dispute Resolution, Mediation, Settlement Negotiations

See all updates »

The Benefits of the Neutral Evaluation

When we are immersed in a case, we all tend to get blinders on. Client hopes and expectations, and our commitment to them and to their cause, can lead us to underestimate the other side and be overconfident about our case. Good…more

Arbitration, Arbitrators, Conflict Resolution, Dispute Resolution

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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

Lyft, Misclassification, Non-Compete Agreements, Sharing Economy, Trade Secrets

See all updates »

Achieving Workable – and Just – ADR Results in Family Law

Mediation, the ADR vehicle most commonly used in family law cases, frequently results in a final settlement – but often only after a marathon session dealing with the many important issues in the lives of family members…more

Divorce, Marital Settlement Agreements, Mediation, Settlement Negotiations

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JAMS Employment Matters - Winter 2017

The Sunk Cost Fallacy: Why Workers Stay with Bad Jobs, Employers Keep Poorly Performing Employees and More Discovery May Backfire - In economics, a sunk cost is any cost that has already been paid and cannot be recovered. The…more

Interstate Commerce, Mediation, Preemption, Settlement

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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

Arbitration, Denial of Insurance Coverage, Dispute Resolution, Insurance Litigation, Mediation

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Discovery Referees in Complex Litigation

It’s no secret that over the past several years the California judiciary has suffered deep budget cuts, especially to the state’s civil courts. According to California’s Judicial Council, there are 189 fewer judges than…more

Civil Code, Complex Litigation, Discovery, Discovery Disputes, Dispute Resolution

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Mediating in a Changing Landscape: Whistleblower and Retaliation Claims

Whistleblower and retaliation claims are on the rise. Retaliation claims now comprise 41% of the more than 93,000 discrimination charges filed in 2013, according to a February report from the U.S. Equal Employment Opportunity…more

Discrimination, EEOC, Mediation, Retaliation, Whistleblowers

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Arbitration, Mediation Can Solve Cyber Insurance Disputes

As the number of attempted and successful cyberattacks increase, interest in cyber liability insurance increases as well. This is unsurprising. Cyber claims are increasing every year, and even one successful cyberattack could…more

Arbitration, Cyber Insurance, Mediation

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The Alternative Dispute Resolution Case Evaluator’s Role in Contemplated and Pending Litigation

As the use of alternative dispute resolution has increased over the past several decades, so have the options available to parties. One of the more frequently used processes now available is an evaluation of potential or pending…more

Business Litigation

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Construction Defect Disputes and the Abandoned Policyholder: Getting the Carrier to the Table

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

Builder's Risk Exclusion, Construction Defects, Construction Disputes, Construction Workers, Contractors

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[Event] WOMEN LEGAL 2019 - February 7th, San Francisco, CA

Illustrating the business imperative for the advancement, retention and succession of female leadership in the legal profession - while identifying opportunities to open up business dialogues and make useful connections…more

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Employment Matters Newsletter, Summer 2017

Mediation in Employment Discrimination Disputes Can Serve the Interests of All Parties - Federal and state laws protect the right of individuals to obtain and hold employment without discrimination. Courts and administrative…more

Age Discrimination, Arbitration, Employment Discrimination, Mediation, Wage and Hour

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Trends in Managing and Resolving Title IX Cases

HON. JANE CUTLER GREENSPAN (RET.) recently convened a roundtable discussion with luminaries in the Title IX field to discuss their observations and nascent trends. As part of this discussion, the panel identified issues and…more

Due Process, Educational Institutions, Higher Education Act, School Districts, Title IX

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How to Prepare Your Client for Mediation

As with most other things in life, a lawyer’s success in mediation will usually be dependent on his or her preparation. This also means more than simply preparing a presentation for the mediator; it also means preparing your…more

Dispute Resolution, Mediation

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Video mediation can save you time and money on your next FINRA case.

Video mediation with JAMS neutral Jeffrey Grubman, Esq. is effective, flexible and affordable. Please see full Alert below for more information…more

Arbitration, Financial Institutions, FINRA, Mediation

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Expedite your Settlement Using Bracketing

Give brackets a chance. No seriously, what have you got to lose? Lawyers often groan when the idea of bracketing comes up in mediation. But brackets can fast forward negotiations and avoid energy sucking baby steps when parties…more

Arbitration, Dispute Resolution, Mediation

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IP Matters, Fall 2015

Textile Copyright Cases Ripe for ADR - While normally focused on music and media matters, copyright lawyers in California have grown busy with something else: fabrics. Hundreds of textile copyright suits involving fabric…more

Arbitration, Bayer, CA Supreme Court, Cartwright Act, Copyright Litigation

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What’s Different about Energy ADR?

The energy industry is quite diverse (utilities, oil and gas explorers and producers, pipelines and more) and encounters an equally diverse number of disputes. Perhaps a difference is that the capital intensity of the energy…more

Arbitration, Dispute Resolution, Energy Sector

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Mediation: Stop, Look and Listen

Originally published in THE RECORDER on November 30, 2012. Mediation requires counsel to view the dispute differently than when preparing for trial. Counsel who are preparing for and engaged in mediation use a different…more

Mediation

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Best Tips for Mediating Complex Business and Government Disputes

As a mediator and arbitrator, Mr. Himmelman has managed hundreds of complex, multi-million dollar disputes between businesses and between businesses and the government involving the False Claims Act, civil fraud, qui tam,…more

Business Disputes, Dispute Resolution, Mediation

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JAMS Global Construction Solutions Newsletter, Winter 2017

A Tale of Two ADR Provisions - It was the best of provisions; it was the worst of provisions, crafted by the wise and well-meaning alike. For years, construction documentation has been primarily sourced from the American…more

American Institute of Architects, Arbitration, Construction Disputes, Construction Industry, Dispute Resolution

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JAMS Global Construction Solutions Newsletter, Summer 2018

Five Strategies for Effective Settlement Negotiations - Every litigator knows that many more cases settle than go to judgment. At some point in almost every lawsuit, the parties will discuss settlement, either on their own or…more

Construction Industry, Dispute Resolution, Mediation, Settlement Negotiations

See all updates »

JAMS Employment Matters Newsletter, Spring 2015

In This Issue: - You Can’t Fire Me... I’m on FMLA - The Rise in Pregnancy-Related Employment Discrimination Claims - Addressing Emotions That Drive Disparate Views of Fairness - Unpaid Interns Gain…more

ADA, California Family Rights Act (CFRA), Employer Liability Issues, FMLA, Pregnancy Discrimination

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Reflections on Mediation

Having served on the Contra Costa Bench for more than 20 years, I was accustomed to the role of Judge. After two decades in the courtroom with the continuous flow of disputes and a daily calendar of issues to be decided, I…more

Arbitration, Dispute Resolution, Mediation

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Corruption in The Energy Sector: Criminal Fines, Civil Judgments, And Lost Arbitrations

Synopsis - This article examines the anti-bribery legislation of three countries, the United States, Canada, and the United Kingdom. The legislation of the three countries is compared and virtually all the criminal…more

Anti-Bribery, Arbitration, Canada, Charitable Donations, Corruption

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Practical Considerations for Post-Trial and Appellate Mediations

THE TRIAL IS OVER. The jury has just returned a verdict either for or against your client. Or maybe the judge has granted a motion for summary judgment. The parties mediated the case before trial without success. An appeal is…more

Appeals, Jury Verdicts, Mediation, Settlement

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JAMS Employment Matters - Winter 2017

The Sunk Cost Fallacy: Why Workers Stay with Bad Jobs, Employers Keep Poorly Performing Employees and More Discovery May Backfire - In economics, a sunk cost is any cost that has already been paid and cannot be recovered. The…more

Interstate Commerce, Mediation, Preemption, Settlement

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Why Mediate Employment Issues?

Considering the ever-increasing costs of litigation and that most employment disputes are either dismissed or settled before ever going to trial, counsel should give serious consideration to early mediation for these matters…more

Mediation

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Health Care Matters, Fall 2017

The Uses of Arbitration / Judicial Reference in Complex Health Care Litigation - Everyone knows that using a mediator with health care experience is valuable in complex health care matters. But there are many other ways ADR can…more

Arbitration, Judicial Reference, Mediation, Medical Malpractice, Physicians

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Mediating employment disputes in a #MeToo world

Reports of sexual harassment and abuse allegations have become almost routine in news reports over the past few months. Some recent surveys estimate that as many as 70% of women have been subjected to some form of unwanted…more

#MeToo, Dispute Resolution, Mediation, Popular, Sexual Harassment

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2 Dispute Resolution Choices For Construction Contracts

It was the best of provisions; it was the worst of provisions, crafted by the wise and well-meaning alike. For years, construction documentation has been primarily sourced from the American Institute of Architects. The AIA…more

AIA Construction Forms, Construction Contracts, Dispute Resolution

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JAMS Global Construction Solutions Newsletter, Winter 2017

A Tale of Two ADR Provisions - It was the best of provisions; it was the worst of provisions, crafted by the wise and well-meaning alike. For years, construction documentation has been primarily sourced from the American…more

American Institute of Architects, Arbitration, Construction Disputes, Construction Industry, Dispute Resolution

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A dozen top tips for mediating a federal law case

What elements are used to successfully settle a federal court case? We sat down with four retired U.S. District Court judges from our JAMS Washington, D.C./Maryland panel to gather their insights into what those key elements are…more

Mediation, Negotiations, Settlement Agreements

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A Mediator’s Pleas(e)

As counsel, you have represented clients in hundreds of mediations. You have taken courses in the art (it certainly is not science) of mediation. Perhaps you even have served as a mediator. In your role as an advocate, you know…more

Client Services, Mediation

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Resolving Complex Environmental Disputes

This article discusses early cooperation between parties and insurers in resolving complex environmental disputes. It summarizes strategies that recently succeeded in a six-way dispute over the costs of investigating and…more

Contamination, Groundwater, Mediation

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Reflections on Employment Mediation

When to Mediate - Early mediation is not a panacea. Some cases require discovery before they are ready for mediation. A major reason why early mediations fail is that the parties have had little chance to discover key…more

Arbitration, Arbitration Agreements, Dispute Resolution, Mediation

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Settlement Agreements: Who Should Sign?

The recent California appellate ruling in Glen Provost v. Regents of the University of California sheds significant light on judicial views of written settlement agreements. In particular, the case dealt with who should sign a…more

Breach of Contract, Employees, Settlement Agreements, University of California, Whistleblowers

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JAMS Boston Newsletter - Winter 2018

Employment Q&A: “Workplace Enforcement in Flux” - On October 24, JAMS Boston hosted an exciting employment law panel discussion co-presented by Massachusetts Lawyers' Weekly. Jenny Yang, Commissioner of the Equal Employment…more

Jury Trial, Mediation

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Understanding the benefits of a private judge in California

Civil litigants, how would you like to have a process that allows the parties to determine the decision-maker, preserves all civil remedies and appellate rights and ensures effective case management and hearing and trial dates…more

Appellate Review, Cal Code of Civil Procedure, Judges, Jury Trial, Stipulations

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Employment Mediation Settlement Guide

Employment law litigation continues to be one of the most active fields of the law. These cases can be difficult to resolve, yet it cannot be denied that, ultimately, more than 90 percent of these cases are settled prior to…more

Mediation, Settlement

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Embracing ADR

In recent years, large companies have embraced arbitration as their preferred method of dispute resolution, particularly in international disputes with suppliers, customers and business partners. In fact, 90 percent of…more

Arbitration, Dispute Resolution, Mediation

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IP: Mediation’s role in the patent arena -- In-house counsel should consider using mediation early in patent cases for maximum control and effectiveness

Originally published in InsideCounsel on March 5, 2013. The primary advantage of mediation is to avoid the costs and risks of litigation. A secondary advantage of mediation is the ability to tailor the resolution of the…more

America Invents Act, Corporate Counsel, Mediation, Patent Reform, Patents

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Washington State Newsletter - Winter 2014

In This Issue: Discovery Special Masters Can Streamline the Discovery Process and How to Customize Commercial Arbitration. Excerpt from Discovery Special Masters Can Streamline the Discovery Process - The…more

Arbitration, Commercial Arbitration

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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

Cost Allocation, Duty to Defend, Indemnification, Insurance Industry, Mediation

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Arbitration, Mediation Can Solve Cyber Insurance Disputes

As the number of attempted and successful cyberattacks increase, interest in cyber liability insurance increases as well. This is unsurprising. Cyber claims are increasing every year, and even one successful cyberattack could…more

Arbitration, Cyber Insurance, Mediation

See all updates »

Employment Matters Newsletter, Summer 2017

Mediation in Employment Discrimination Disputes Can Serve the Interests of All Parties - Federal and state laws protect the right of individuals to obtain and hold employment without discrimination. Courts and administrative…more

Age Discrimination, Arbitration, Employment Discrimination, Mediation, Wage and Hour

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JAMS Global Construction Solutions Newsletter, Summer 2016

Q&A with Linda Turteltaub, Skanska USA Building - Today, we are talking with Linda Turteltaub, Corporate Counsel, Skanska USA Building. Linda has worked in both construction and as a construction lawyer prior to joining…more

Arbitration, Conciliation, Construction Contracts, Construction Industry, Germany

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Mediating with Claims Professionals

Insurance has a pervasive presence in our court system. An insurance policy is a source of settlement funds for a wide variety of cases, from personal injury to employment to professional liability to pollution to cyber. If you…more

Insurance Industry, Mediation, Negotiations

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An arbitration award may not be the end of the road in patent disputes - Several cases serve as examples to the contrary

When a patent dispute goes to arbitration, there is the possibility that an outside party could try to influence the outcome by going to court. This may come as a surprise, given that Section 294 of the Patent Act specifies that…more

Arbitration, Collateral Estoppel, Infringement, Patents

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Settlement Negotiation Ethics for Attorney-Advocates in Litigated Cases - Rule 4.1 of the New California Rules of Professional Conduct

At some point after a civil dispute enters the legal system, opposing counsel will likely engage in some form of discussion to resolve the case. If attorneys don’t initiate direct negotiations or early mediation, or if they do…more

Fraud, Rules of Professional Conduct, Settlement Negotiations

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JAMS Global Construction Solutions Newsletter, Fall 2014

In This Issue: - Can the cost of international arbitration be controlled? - Sealing the deal: critical Issues in the preparation of mediated settlement agreements - Mediation decision-makers need…more

International Arbitration, Mediation, Non-Judicial Settlement Agreements

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Let’s Settle This PI Case! - When it comes to personal injury mediation, there are no “rules” but there are mistakes

A well-regarded plaintiff personal injury attorney asked me why he was having trouble settling cases at mediation. Although my experience in mediation is that the cases are settling, discussions with others suggest there are…more

Mediation, Professional Development, Settlement

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ADR Seen as a Valuable Tool to Address Natural and Weather-Related Disaster Claims

In a joint interview, two of JAMS most skilled insurance neutrals discuss how ADR can play a role in resolving weather- or disaster-related disputes. Stacy L. La Scala, Esq. is based in southern California and has extensive…more

Dispute Resolution, Insurance Industry, Natural Disasters, Severe Weather

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How ADR Can Help Keep Confidential Agreements Confidential

The problem of access to and maintenance of the secrecy of contracts or contract terms that are “confidential” by agreement is a common one in litigation…more

Confidentiality Agreements, Mediation

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Brexit – the end of Pan European Patent Dispute Resolution?

For more than 40 years, resolving European cross-border disputes about patents in one proceeding has been a dream. The solution, by way of a new European Unified Patents Court (UPC), was until the summer of 2016 within touching…more

Arbitration, Cross-Border, Dispute Resolution, EU, Member State

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JAMS Employment Matters - Winter 2017

The Sunk Cost Fallacy: Why Workers Stay with Bad Jobs, Employers Keep Poorly Performing Employees and More Discovery May Backfire - In economics, a sunk cost is any cost that has already been paid and cannot be recovered. The…more

Interstate Commerce, Mediation, Preemption, Settlement

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Why Arbitration Clauses May Make Sense in Cyber Insurance Policies

I. INTRODUCTION - Arbitration tends to work best when both parties buy into the process from the beginning. Alternatively, the process often works poorly when one party feels that arbitration was imposed on them. In the…more

Arbitration, Cyber Insurance, Cybersecurity, Data Breach, Popular

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Joint Sessions: Are Lawyers Right to Hate Them?

Mention holding a joint session and you are sure to provoke an argument between mediators and teachers of mediation on one side and lawyers who represent clients in mediations on the other. That dichotomy is not wholly accurate…more

Joint Sessions, Mediation

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Using ADR to Streamline the Complex Case

Handling complex or “bet the company” litigation in a cost effective and timely manner is often a significant challenge for litigation counsel. These cases frequently have secondary and collateral issues that take on a life…more

Arbitration, Attorney's Fees, Class Action, Discovery, Dispute Resolution

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Health Care Matters, Summer 2016

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

Affordable Care Act, Anti-Kickback Statute, Antitrust Investigations, Arbitration, Conflicts of Interest

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From a doodle to the Grand Bargain

How the bankruptcy in Detroit was resolved through mediation - Judge Rhodes: Detroit’s problems were well known long before it filed bankruptcy in July 2013. Because it was insolvent, its municipal services were inadequate…more

Bankruptcy Code, Mediation

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A dozen top tips for mediating a federal law case

What elements are used to successfully settle a federal court case? We sat down with four retired U.S. District Court judges from our JAMS Washington, D.C./Maryland panel to gather their insights into what those key elements are…more

Mediation, Negotiations, Settlement Agreements

See all updates »

Neutral Analysis: A Powerful and Effective Tool

In a wide range of disputes, counsel and their clients have increasingly turned to neutral analysis and evaluation. When conducted by experienced neutral professionals with no preconceived view of the issues, neutral analysis is…more

Arbitration, Dispute Resolution, Mediation

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Mediating Complex Cases

Mediating any case can be difficult. But complex litigation, which includes class actions and Multi-District Litigation (MDLs), presents special issues. …more

CAFA, Class Action, Complex Litigation, Mediation, Multi-Party Litigation

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Best Practices for Managing Wills Between Family Members

A mother dies, leaving her daughter 75 percent of her estate. Her son, who thought he would receive 50 percent, contests the will. The daughter claims that their mother must have changed her will to compensate the daughter for…more

Arbitration, Dispute Resolution, Inheritance, Wills

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Employment Matters Newsletter, Fall 2015

With Experimental Benefits Come Additional Legal Considerations - Corporate experimentation, combined with innovative employment practices designed to promote more flexible work environments, may be transformative. These…more

Employee Benefits, First Amendment, FMLA, Free Speech, Gender Discrimination

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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

Lyft, Misclassification, Non-Compete Agreements, Sharing Economy, Trade Secrets

See all updates »

The Use Of Special Masters In Complex Cases

In the years that I served as a United States district judge, I frequently appointed special masters and made such appointments in a variety of contexts. Although some judges are fans of using special masters, many others have…more

Judges, Special Master

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JAMS Global Construction Solutions Newsletter, Fall 2015

Reflections from the ADR Summit - GEC panelist Judge Nancy Holtz recently spoke with some of the attendees of the ABA Forum on Construction Law Fall Meeting in Austin, Texas, which included the Chair of the Forum, Harper…more

Arbitration, Arbitrators, Confidential Information, Mediation, Settlement Agreements

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Food for Thought: How Food Might Serve You at a Mediation

During my early days as a circuit court judge in Miami’s Eleventh Judicial Circuit, I served in several different divisions of the court, including the criminal court. I noticed that detectives frequently came into court with…more

Arbitration, Dispute Resolution, Mediation

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Role Of The Mediator In The Age Of #MeToo

There is no question that the #MeToo movement has encouraged women across the board to come forward with complaints of sexual harassment in the workplace. As mediators, we have witnessed the increase in these cases over the past…more

#MeToo, Mediation, Sexual Harassment

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A dozen top tips for mediating a federal law case

What elements are used to successfully settle a federal court case? We sat down with four retired U.S. District Court judges from our JAMS Washington, D.C./Maryland panel to gather their insights into what those key elements are…more

Mediation, Negotiations, Settlement Agreements

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Co-Mediation When Two Heads Are Better Than One

Who is the perfect mediator for your next case? Is it someone who can size up the room quickly and delve into the meat of the matter? Or perhaps this time you need an empathic listener who can give a wounded party his day in…more

Dispute Resolution, Mediation

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A Case For Litigation Alternatives In #MeToo Movement

Recently the nation has been riveted, horrified, bewildered and challenged by the cascade of sexual harassment and sexual abuse allegations leveled against high-profile personalities in the media, industry, the church, education…more

#MeToo, Dispute Resolution, Sexual Harassment

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Powerful Words on Inclusion and the Impact to Follow

In March 2018, actor Frances McDormand instructively and figuratively dropped the mic during her much-publicized Oscar acceptance speech when she left her audience with the following, “I have two words to leave with you tonight…more

Arbitration, Dispute Resolution, Diversity

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An Indispensable Resource for Construction Arbitration: The College of Commercial Arbitrators Guide to Best Practices in Commercial Arbitration (4th ed. 2018)

Arbitration can be a perilous journey if undertaken without experienced guides, updated roadmaps, and current rules of the road, leaving some pilgrims with less than happy memories of their adventures. Consequently, many wise…more

Arbitration, Arbitration Agreements, Construction Industry

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Health Care Matters, Summer 2016

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

Affordable Care Act, Anti-Kickback Statute, Antitrust Investigations, Arbitration, Conflicts of Interest

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JAMS Boston Newsletter, Summer 2017

Early Mediation: A Magic Bullet? - More than 90 percent of the cases in Superior Court eventually settle before or during trial. In the majority, counsel are content to let discovery and dispositive motions play out; they do…more

Arbitration, Arbitrators, Dispute Resolution, Mediation

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JAMS Boston Newsletter, Summer 2018

10 Tips Toward Client Arbitration Satisfaction - Except in “bet the company” circumstances, extensive discovery, dispositive motions, expert reports, and hearing costs are making courthouse litigation cost prohibitive. While…more

Arbitration, Dispute Resolution, Mediation

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JAMS Global Construction Solutions Newsletter, Summer 2017

Expedited Construction Adjudication: A Better Process for Resolution of Performance Bond Disputes - For the sake of the parties and the construction project, it would be ideal if major contested construction disputes,…more

Adjudicatory Process, Arbitration, Construction Contracts, Construction Disputes, Construction Industry

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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

ADA, Affordable Care Act, Breastfeeding, EEOC, Employer Liability Issues

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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

Lyft, Misclassification, Non-Compete Agreements, Sharing Economy, Trade Secrets

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Judicial Reference, A Forgotten Tool: To avoid common delays in traditional litigation, parties can rely on referees to resolve some, or all, of the claims

Let’s say you’re a rising star in your firm, and you’re looking for a way to break out of the pack. Your clients are frustrated by the glacial speed with which their case is slogging through the courts. They want your firm to do…more

Judicial Reference

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Role Of The Mediator In The Age Of #MeToo

There is no question that the #MeToo movement has encouraged women across the board to come forward with complaints of sexual harassment in the workplace. As mediators, we have witnessed the increase in these cases over the past…more

#MeToo, Mediation, Sexual Harassment

See all updates »

Artists, Entertainers and Mediation: Where the paths meet

I’m a lawyer and have been a full-time mediator for more than 20 years. Before I went to law school, I spent 10 years working as a professional dancer, seven as a member of the Alvin Ailey American Dance Theater. I didn’t study…more

Arbitration, Art, Authors, Dispute Resolution, Entertainment Industry

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Allocation Methodology

This article will focus on the due process aspect of allocation methodologies in mass tort class actions and multidistrict litigations. This typically involves the substantive right to allocation and procedurally how the process…more

Allocation of Funds, Class Action, Mass Tort Litigation, Settlement

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Mediation and Mentoring

WAYNE THORPE: Can you tell us how you went about making the transition from being a practicing lawyer to a full-time neutral? MICHAEL YOUNG: About seven to eight years into my career as a lawyer, in 1985 or 1986, I was…more

Mediation, Mentors

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And So It Goes! - October 2018

Often times in mediation, the complexity of a case is tied to the most sensitive issues for both sides. Sometimes those emotional aspects are different, but given the right representation, these seemingly insurmountable details…more

Arbitration, Dispute Resolution, Mediation

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JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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