Podcast - Reading the Room
The Presumption of Innocence Podcast: Episode 51 - A Higher Duty of Care: Representing Clients Living With Mental Illness
The Presumption of Innocence Podcast: Episode 49 - Perspectives From the Bench: Anatomy of a Criminal Trial With Retired Judge Margaret Foti
JONES DAY TALKS®: Detecting and Addressing Prosecutorial Misconduct: An Overview for Defense Lawyers
Storytelling in Closing Arguments
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)
Family law cases — from divorce to custody and property division — can be stressful and costly. However, most expensive problems are preventable. By staying organized, managing emotions, communicating clearly, and following...more
The High Court (Improved Access to Civil Justice) Amendment Rules 2025, effective from 1 January 2026, introduce significant reforms designed to streamline litigation, reduce costs, and encourage early resolution. These...more
As mass tort litigation continues to grow, the disputes at stake are becoming increasingly complex. From wildfire and pharmaceutical claims to toxic exposure, sexual abuse and large-scale economic losses. In this episode of...more
A recent survey found that 90% of businesses have made customer experience (CX) their primary focus. While that statistic makes complete sense for most business interactions, one might wonder what bearing does it have on the...more
When I helped develop Minnesota’s first early neutral evaluation (ENE) programs from the bench in Hennepin County, the idea of resolving disputes early, before discovery and entrenched positions, was still new. We were...more
The purpose of arbitration is elegantly summarized in the introduction to the CPR Non-Administered Arbitration Rules: “The primary objective of arbitration is to arrive at a just and enforceable result, based on a private...more
With legal disputes at an all-time high and courts facing record backlogs, alternative dispute resolution (ADR) is more relevant than ever. As attorneys and clients turn to ADR, it is important to understand how the “behind...more
The behaviours that most negatively impact efficiency in arbitration include adversarial approaches by counsel (24%), lack of proactive case management by arbitrators (23%) and counsel over-lawyering (22%). Respondents called...more
In arbitration, unlike in court, the parties are tasked with choosing their own arbitrator or panel of arbitrators. Each side wants to pick the arbitrator or panel that will see the case in the best light. They want someone...more
In July 2024, I discussed proposed changes to trademark proceedings in Canada. Following a public consultation period, revised Regulations came into force on April 1, 2024 that incorporate those proposed changes. The changes...more
On Tuesday, the Business Law Committee of the Orange County Bar Association held a program featuring Judges Chad Alvaro, Margaret Schrieber, and Heather Pinder-Rodriguez, moderated by Lowndes attorney and OCBA Business Law...more
The Civil Procedure Rules (“CPR”) have been amended to reflect the Court of Appeal decision in Churchill v Merthyr Tydfil County Borough Council [2023] EWCA Civ. 141. The courts in England and Wales can now order parties to...more
As discussed in my short article of July 10, 2024, important changes to the Canadian Trademark Regulations have been proposed. The changes have not yet come into effect and are still subject to change. The consultation period...more
The Florida Supreme Court has taken steps to improve the efficiency and effectiveness of civil litigation, and it has issued two separate per curiam opinions introducing proposed substantial amendments to the Florida Rules of...more
A recent ruling confirms judicial discretion to stay proceedings and instruct parties to seek non-court-based alternatives to litigation. The UK Court of Appeal has ruled that the court has the authority to stay...more
Claimants pursuing certain copyright claims may now access a new, more economical, and potentially more expedient alternative to federal-court litigation. Beginning June 16, 2022, the Copyright Claims Board (CCB) will accept...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
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
This post is a continuation of the 10 most horrible, terrible, no good, “bang your head against the door” mistakes that I have seen lawyers make before, during and after mediations in which I was the mediator. As stated in...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