Trial by Tech: The Evolution of the Digital Courtroom – Speaking of Litigation Video Podcast
The Only Rule of Multidistrict Litigation Is...
Litigating in the Virtual World: Passing Fad or Wave of the Future?
Proposed FRCP Changes: Effect on eDiscovery, RIM & IG (CLE)
In recent years, plaintiff-side attorneys have increasingly relied on a strategy of “mass arbitration” to force companies into in terrorem settlements, whereby large numbers of claims are settled quickly before the underlying...more
You are conducting the final hearing of a high-dollar construction arbitration. Opposing counsel hands you the next document that counsel plans to use in questioning the witness on the stand. You notice that the document is...more
Planning and preparation are key components for any successful arbitration. Over the years, as a former litigator and current arbitrator, I have gleaned a number of lessons and tips that I believe will help any attorney who...more
British Virgin Islands (“BVI”) companies are widely used as corporate vehicles for joint ventures in Asia, especially at their pre-listing stage. There are over 450,000 active BVI companies set-up by users around the world....more
The Mississippi Supreme Court’s decision in Carrick v. Turner ex rel. Walley has the potential to expand arbitration in Mississippi. The case announces a standard for evaluating the validity of arbitration clauses that is...more
ICC arbitrations based on agreements entered into in 2021 and beyond will follow an expedited procedure if the amount in dispute is $3 million or less – up from the previous $2 million or less....more
A lot of people believe that COVID has caused divorce cases to drag and the legal system to be ground to a halt – or at least, to lag behind. While that is certainly the case in some counties and more particularly, with some...more
The International Chamber of Commerce (the ICC) has hit the ground running in the new year with its 2021 Arbitration Rules (the 2021 Rules), which came into force on and apply to cases filed from 1 January 2021. The 2021...more
Following the recent trend of periodic incremental updates to the arbitral rules of major institutions, the International Chamber of Commerce (ICC) has published the draft text of its revised 2021 Arbitration Rules. The...more
In a time of social isolation can litigation still be used to bring parties together to resolve problems? Are there advantages to the technology being relied upon by the courts and mediators and are clients and litigators...more
The London Court of International Arbitration (LCIA) has issued updated arbitration rules (the “2020 Rules”). These include some important changes, many of which are designed to address users’ concern to improve time and...more
A civil jury trial is a risky proposition in any court, state or federal. To manage that risk, it is usually in each party’s interest to engage in some form of alternative dispute resolution, or ADR. Knowledge of the local...more
Effective representation of clients in construction mediations takes more than throwing together a mediation statement at the last second and showing up at the mediation. Doing it right requires the same kind of due diligence...more
The ICC Commission has released a new report on construction industry arbitrations, providing recommended tools and techniques for effective management of construction arbitrations. The report is intended primarily for...more
In December 2018 the “Prague Rules” were released, providing users of international arbitration with suggested streamlined procedures aimed at increasing speed and reducing cost. It is intended that this will be achieved...more
FINRA’s Dispute Resolution Task Force issued its Final Report in mid-December. The Report reflects the group’s consideration of wide-ranging issues affecting the nation’s principle dispute-resolution forum for broker-dealers,...more
The American Arbitration Association (AAA) has revised its Construction Industry Arbitration Rules and Mediation Procedures (Rules), effective July 1, 2015. Although some changes are relatively modest, others expand the...more
AAA issued revised Construction Industry Arbitration Rules which took effect July 1, 2015. There are significant changes in the new rules which are intended to make the arbitration process more efficient and cost-effective. ...more
We recently litigated and successfully settled an insurance coverage case that offers a model for managing a case thoughtfully. Too often, parties reflexively dive into litigation with its procedural hurdles and delays,...more