News & Analysis as of

Confidential Information Mediation

NAM (National Arbitration and Mediation)

[Webinar] Resolving Technology Disputes Through Alternative Dispute Resolution - July 19th, 1:00 pm - 2:00 pm EST

As part of this program, our presenter will share best practices for resolving technology disputes through arbitration and mediation and will also review provisions that should be included in an arbitration clause or an...more

Ward and Smith, P.A.

A Primer on Mediation in North Carolina's State and Federal Courts

Ward and Smith, P.A. on

Litigation is costly, both in time and money.  Making this worse, court dockets often are backlogged, so it can take even longer—sometimes years—to resolve a lawsuit.  To save litigants and courts time and resources, most...more

Miles Mediation & Arbitration

Executive Order Signals The Writing Is On The Wall For Non-Compete Agreements

On July 9, 2021, President Biden issued an Executive Order labelled as an effort to promote competition in the American economy. Its primary focus is to encourage the Federal Trade Commission (FTC) Chair—through rulemaking...more

JAMS

[PODCAST] JAMS Introduces Key Changes to International Arbitration Rules

JAMS on

A podcast from JAMS featuring Kim Taylor, Robert Davidson and Ranse Howell on recent changes to JAMS’ International Arbitration Rules & Procedures (Rules) and how they respond to the modern practice of ADR and the COVID-19...more

Zelle  LLP

Don't Let Lies Infiltrate The Mediation Process

Zelle LLP on

Mediation is quickly becoming an even more important form of adjudication as courts have been significantly impacted by the COVID-19 pandemic. With the second surge in reported cases, courts across the nation have been...more

NAM (National Arbitration and Mediation)

Med-Arb: Is It the Wave of the Future?

The New York Law Journal Alternative Dispute Resolution (ADR) Special Report - The Covid-19 pandemic has caused tremendous stress to the litigation capabilities of our court system. Jury trials have been, for the most...more

Foley & Lardner LLP

Five Do’s and Don’ts for an Effective Virtual Mediation

Foley & Lardner LLP on

With shelter-in-place orders in effect in almost every state in the country, videoconferences are now the norm for conducting everyday business. Over the last several weeks, Foley attorneys have completed a number of virtual...more

NAM (National Arbitration and Mediation)

Mediation: Avoiding The "S" Word In IP Litigation

The vast majority of even the most hard-fought litigations are resolved through an agreement between the parties. Mediation not only plays a significant role in facilitating settlement, it expands the times when it should be...more

Allen Matkins

2019 Labor & Employment Law Update for California Employers

Allen Matkins on

'Tis the season to review the new laws that have been passed this year that will affect California employers in 2019 and beyond. Of particular note are the new laws that followed the outcry over workplace-related sexual...more

Hinshaw & Culbertson LLP

California Attorneys Must Obtain Client's Signed Understanding of Mediation Confidentiality, Effective January 1, 2019

Senate Bill No. 954; Mediation: confidentiality: disclosure - Brief Summary - Effective January 1, 2019, California attorneys will be required to provide written disclosures to their client explaining mediation...more

Holland & Knight LLP

Trade Secret Defendant Awarded Fees for “Objectively Specious” DTSA Claims

Holland & Knight LLP on

Judge William Alslup of the Northern District of California recently awarded fees to CloudFlare, Inc. (CloudFlare), a defendant in a trade secret misappropriation case under, in part, the relatively new Defend Trade Secrets...more

Maynard Nexsen

MEDIATION: Where the Confidentiality Ends

Maynard Nexsen on

There is little room for argument; the information and documents exchanged during mediation are confidential. Rule 8 of the South Carolina Alternative Dispute Resolution Rules provides, in part...more

Morrison & Foerster LLP

Litigation and enforcement in Japan: overview

Morrison & Foerster LLP on

MAIN DISPUTE RESOLUTION METHODS - 1. What are the main dispute resolution methods used in your jurisdiction to resolve large commercial disputes? Litigation Litigation is the most frequently used dispute...more

Winstead PC

Interesting Issues In Legal Ethics

Winstead PC on

David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, spoke at the Tarrant County Bar Association’s Ethics Seminar on September 30, 2016, and presented “Interesting Issues In Legal Ethics.” The presentation...more

Butler Snow LLP

Arbitration Agreements: Make Your Own Rules of Civil Procedure

Butler Snow LLP on

Generally, a party in litigation is constrained to follow the applicable State or Federal Rules of Civil Procedure as they navigate through each stage of the case. One of the perks of arbitration (in addition to the commonly...more

JAMS

JAMS Global Construction Solutions Newsletter, Fall 2015

JAMS on

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

Foley & Lardner LLP

An Employee Stole Your Trade Secrets but You Cannot Prove It. Now What?

Foley & Lardner LLP on

Consider the following, relatively uncommon scenario: an employee stole your trade secrets and went to work for a competitor. You know the employee did it, you just cannot prove it. Even with the best forensic analysis it is...more

JAMS

Mediation: Confidentiality and Enforceability

JAMS on

An essential element of a successful mediation is confidentiality. Participants to a mediation must be able to rely on the confidentiality of the process if they are going to be candid with the mediator about their settlement...more

Haight Brown & Bonesteel LLP

Mediation Confidentiality Statute Bars Malpractice Claim Where Breach Allegedly Occurred During Mediation

In Amis v. Greenberg Traurig LLP (No. B248447 - filed March 18, 2015), Division Three of the Second District Court of Appeal held that a malpractice plaintiff cannot circumvent mediation confidentiality by advancing...more

Haight Brown & Bonesteel LLP

Mediation Confidentiality Bars Malpractice Claim but for How Long?

The California Court of Appeal yesterday upheld application of the mediation confidentiality statutes to bar a malpractice action which was based on the attorneys’ actions during mediation. John Amis vs. Greenberg Traurig...more

Bennett Jones LLP

Disputants Await Clarification of Mediation Privilege’s Boundaries

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Today, Canadians are mediating their disputes in record numbers. One partial explanation for this phenomenon is that mediation purports to keep discussions between parties confidential, traditionally backstopped by settlement...more

JAMS

Protecting Confidentiality of Patent Infringement Settlements: Is Mediation Necessary?

JAMS on

Parties regularly opt to keep terms, conditions and licensing agreements confidential when settling patent infringement disputes. Often, patentees do not want the license terms to serve as precedent in other assertions of the...more

Bennett Jones LLP

Confidentiality Clauses and Privilege: A Delicate Balance

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Parties to a mediation have a wide latitude to contractually shape the extent of confidentiality that applies, and even may exclude exceptions to settlement privilege, the Supreme Court of Canada recently held in Union...more

Cozen O'Connor

Enforcing Confidential Mediation Settlements

Cozen O'Connor on

It’s the morning of your big mediation and you are fully prepared to resolve your case without sacrificing key positions. You and your attorney have set your expectations as to what will happen, who will speak, what the...more

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