News & Analysis as of

Business Litigation Mediation

Miller & Martin PLLC

Batten the Hatches: Preparing for an Automotive Dispute

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Just as death and taxes are certainties in life, so too is litigation for many automotive companies. And while each case varies widely in terms of facts, law, parties, and forum, there are common points to consider in most...more

JAMS

Fireside Chat: A Conversation Between BLS Judges

JAMS on

See highlights of JAMS Boston’s Fireside Chat between two retired judges who have both presided over the successful Business Litigation Session (the "BLS") of the Massachusetts Superior Court. The Hon. Judith Fabricant (Ret.)...more

Pullman & Comley, LLC

Understanding the Dynamics of a Business Dispute Mediation

Pullman & Comley, LLC on

Mediating a business dispute is different in many respects than mediating a personal injury suit. This article discusses some of the more important differences and offers guidance on how they may best be addressed. ...more

Ruder Ware

Resolving Business Disputes

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In a perfect world, business owners could spend all of their time and money focusing on a singular task:  running their business.  Despite the best laid plans, however, at some point ancillary concerns will arise and...more

Hogan Lovells

Is Arbitration Finance right for you?

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Would arbitration finance help us? Opening up opportunities / managing risks. Arbitration finance can enable you to bring good claims while reducing or eliminating the costs on your balance sheet, preserving your legal...more

Dechert LLP

Conditional Fee Arrangements Likely Soon to be Allowed in Singapore and Hong Kong

Dechert LLP on

Presently, Singapore and Hong Kong law prohibits lawyers from entering into outcome-related fee arrangements with their clients because of the common law rule against maintenance and champerty. The traditional rationale for...more

Farrell Fritz, P.C.

New Amendment to ComDiv Rule 3(a) Provides More Options to Litigants Seeking Alternative Dispute Resolution

Farrell Fritz, P.C. on

In recent years, the New York court system has endorsed alternative dispute resolution (“ADR”) as a way to increase efficiency in the court system, making ADR presumptive in most civil cases.  As a pioneer of efficiency, the...more

Farrell Fritz, P.C.

Mandatory Settlement? Close, But Not Quite.

Farrell Fritz, P.C. on

In December 2020, the New York Law Journal commented on the measures the New York State court system would enact to handle the recent $300 million budget cut.  These measures included “adopting a strict hiring freeze,...more

Womble Bond Dickinson

Adapting: Litigation Dynamics for Businesses Addressing Strained Relationships

Womble Bond Dickinson on

Despite court closure orders and other restrictions entered across the country, commercial litigation continues to be filed, with many courts docketing new cases in 2020 on pace with 2019.  For businesses considering...more

JAMS

The Business Case for Neutral Facilitation in the Days of the Coronavirus COVID-19

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The old curse disguised as a blessing “may you live in interesting times” is showing its teeth in the form of pandemic in these early months of 2020. Among the inevitable casualties thereof will be disrupted business...more

Burr & Forman

Hey Siri, Why Did You Settle That Case Without Me Signing?

Burr & Forman on

In a world of texts, email and Siri, you should be careful about the impact of the words you write.  Remember that case where a court found that a string of text messages can form a binding contract? ...more

Hogan Lovells

Implementing an effective dispute resolution strategy which promotes the use of ADR

Hogan Lovells on

Disputes arise for all organizations. Dealing with a dispute constructively can enable the organization to achieve its ultimate objectives, save on resources, avoid financial exposure, and protect its reputation. ...more

Pillsbury - Policyholder Pulse blog

New Jersey Superior Court Issues New Rules for Complex Business Litigation

Insurance coverage litigation can be lengthy and is usually complex, and these characteristics are only exacerbated by the need to comply with often arcane state law rules of procedure. New Jersey, long a hotbed of insurance...more

Sheppard Mullin Richter & Hampton LLP

Commercial Division Rule Revisions Continue to Promote Efficiency in Complex Cases

In an effort to streamline litigation in the Commercial Division, the Commercial Division Advisory Council has continued with its revisions to the Commercial Division Rules by recently implementing one new rule encouraging...more

Farrell Fritz, P.C.

Anyone Think Binding Mediation to Break Deadlock Is a Good Idea?

Farrell Fritz, P.C. on

Mediation, as commonly understood in the context of alternative dispute resolution, employs a neutral third party to facilitate negotiation and voluntary agreement between the parties. Unlike arbitration, the mediator does...more

Foster Garvey PC

Resources for Doing Business in the United States - Installment #12 - Commercial Litigation

Foster Garvey PC on

Imagine you are focused on the latest growth trends of your business, working hard to forecast where your next sales will come from. You're thinking about what new staff you will need to support that growth. While you are...more

Dickinson Wright

Litigating in Ontario

Dickinson Wright on

As cross-border commerce has become commonplace for so many of our clients and with it the prospect and likelihood of their finding themselves considering or responding to litigation in Canada, there is a need to understand...more

Farrell Fritz, P.C.

Mediating Business Valuation Disputes

Farrell Fritz, P.C. on

Mediation continues to grow in popularity as a means of resolving legal disputes in lockstep with the rising costs and delays attendant to litigation and arbitration. Mediation allows the parties to air their grievances...more

McManis Faulkner

To Litigate or not to Litigate: Practical Considerations for Every Business

McManis Faulkner on

It should come as no surprise that business is booming in Silicon Valley, although with the growing number of businesses comes increased potential for conflict and litigation. Know that litigation is serious business. ...more

Mintz

Paths to Dispute Resolution

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In order to understand the best approach to solving a business dispute, counsel must understand the client's business objectives. A need to win at all costs will drive one particular strategy, while a need to resolve the...more

Buchalter

Minimizing the Litigation Risk with Mediation

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Litigation is defined in numerous dictionaries in various ways. One definition is “The legal process of spending a lot of time, effort and money in court proceedings which may or may not resolve a dispute between two or more...more

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