Bar Exam Toolbox Podcast Episode 312: Spotlight on Criminal Law (Part 2)
The JustPod: A Discussion with Defense Counsel Rocco Cipparone and Angie Levy on January 6 Prosecutions
Bar Exam Toolbox Podcast Episode 310: Listen and Learn -- Accomplice Liability (Criminal Law)
The Future of Litigation: Adapting to the Era of Nuclear Verdicts
The JustPod: A murder-for-hire allegation, public corruption trial, and notable acquittal
Bar Exam Toolbox Podcast Episode 309: Listen and Learn -- Felony Murder and Causation (Criminal Law)
What if the CCF denies my request for the removal of my Red Notice?
The JustPod: The King of Cross: A Discussion with Larry Pozner, a Leading Expert on Cross-Examination
There Is No Right Path
Eyes on the Evidence: Powerful Legal Presentations – Speaking of Litigation Video Podcast
Excessive Compensation: What to do when the co-owners of your business pay themselves excessively
Against All Odds- Part Three
Against All Odds- Part Two
Against All Odds- Part One
The Presumption of Innocence Podcast: Episode 56 - A Strategic Gamble: The Risks, Costs and Rewards of Going to Trial
Podcast - Expert Witnesses, Special Issues
Navigating Executive Orders: Strategies for Managing Stop Work Orders and Terminations
What’s the difference between a Red Corner Notice and a Red Notice?
Podcast - Drowning in Complexity
What isn’t a Red Notice?
Labor arbitrations often seem like the proverbial “box of chocolates” – you never know what you’re going to get. While uncertainty abounds, there are numerous steps companies and counsel can take to assess, prepare, and...more
Recent executive orders have led to an increase in stop-work orders and terminations for convenience, creating significant challenges for government contractors. Understanding how to navigate these changes and optimize...more
Mass arbitration is posing significant challenges for businesses, as it creates a new battleground in dispute resolution with the potential to overwhelm companies with a flood of simultaneous claims. Consumer-facing companies...more
An old adage states, “The worst settlement is often better than the best trial, particularly for the losing party.” This was true in a recent upstate New York case where a jury awarded damages twenty times the realistic...more
When only some of the defendants to a lawsuit want to settle, Pierringer agreements can be an attractive solution. However, in a recent decision that adopted principles from Ontario jurisprudence, the Court of King's Bench of...more
Considered as a cheaper, quicker and less stressful mode of dispute resolution, alternative dispute resolution (“ADR”) is no longer seen as an “alternative”, and indeed has been re-named “NDR” (negotiated dispute resolution)...more
In this podcast, JAMS neutrals Genesis Fisher, Esq., and Deirdre McCarthy Gallagher, Esq., discuss how workplace conflict has evolved in response to myriad challenges, including the pandemic and shifting work environments,...more
When’s the best time to mediate a dispute? What do mediators wish that attorneys did more of, or less of, during mediation? What would lawyers like to mediators to do more of?...more
Legal disputes are rife with emotions. It doesn’t matter if the parties are arguing over a property line, a business contract, or responsibility and compensation for personal injury or property damage. When these cases are...more
Lawyers have mixed opinions about the utility and wisdom of using graphic visual aids in mediation. Some don’t want to put that much work into preparation for mediation, assuming it is a waste of time. Indeed, sometimes a...more
Even with strong documents designed to minimize liability, claims still occur. Implementing a comprehensive defense strategy from the very first notice of claim can be the difference between victory or defeat. Join...more
The process of preparing a client for mediation begins at the first interview. In a plaintiffs’ personal injury practice, clients seldom have prior experience with the litigation process. However, they may have to unlearn a...more
Preparing a Defendant for mediation presents some different challenges. In order to be successful, you must understand your client’s level of sophistication in connection with the entire mediation process, set up realistic...more
Understanding How and Why "Settlement Negotiations" May Be Used Against You - To promote honest and open discussions in resolving disputes, courts have adopted rules to specifically safeguard the information disclosed and...more
TRIAL PREPARATION SERIES / PART ONE OF THREE - It is a fact of modern law that many litigators never actually try a case. And those who do rarely appear in a courtroom more than once or twice a year. But you must have a...more
For our friends who litigate (or arbitrate!) in Alabama, take note of this recent Alabama Supreme Court decision. Although not a construction case, this recent decision dramatically illustrates what not to do if you want to...more
Where resolution is always the ultimate goal, mediation serves a vital purpose as a vehicle for exploring settlement in high stakes litigation where unnecessary and protracted litigation costs may be avoided by all parties....more
From readers of this blog, I sometimes hear, “I don’t always agree with you, but I always find you worth reading.” That is one of my favorite compliments, because of, and not despite, the disagreement. It wouldn’t be that...more
While there is no denying that Court Administrators throughout the United States have tried mightily to responsively address the threat the Covid-19 virus poses to our legal system, the fact is that the pandemic has had a...more
In order to reach a fair and equitable settlement when mediating catastrophic injury medical malpractice cases, it is essential for the respective parties to provide the mediator with detailed medical chronologies (timelines)...more
Do not underestimate the benefits of mediation. Many litigants believe that a jury trial is their chance to finally “tell their story” in front of an emphatic and understanding group of peers. As attorneys, we know that is...more
There are numerous benefits associated with using mediation to resolve medical malpractice disputes. The mediation process affords both parties more control over the process, often reduces the cost of litigation, and can...more
ACI’s 11th Annual Advanced Forum on Managed Care Disputes and Litigation will be offered in a virtual format this year to help you make sense of these developments, and their profound impact for managed care....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
There’s an old expression: “You can catch more flies with honey than with vinegar.” Assuming that your goal is not to actually catch flies, but instead, to get what you want in some kind of negotiation, the expression means...more