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Litigation Strategies Settlement Offer

DRI

Well, That’s Settled . . . Or Is It?

DRI on

Key Issues Every Litigator Should Remember about Settlement Agreements - Finally settling a hard-fought case can be one of the great pressure release valves that a trial lawyer can experience, ranking only behind a favorable...more

Adler Pollock & Sheehan P.C.

Making an Offer That They (Perhaps Shouldn’t) Refuse: A Closer Look at Offers of Judgment Under Rule 68

Rule 68 has a reputation of being “among the most enigmatic” and “underutilized” of  the Federal Rules of Civil Procedure.  An attorney’s failure to understand and effectively use Rule 68 could be costly.  ...more

BCLP

Sanctioned offer made at an early stage of the proceedings - unjust to impose costs consequences?

BCLP on

It is well known to dispute resolution practitioners that an important matter is to turn your mind to putting in place costs protection, and to do so as at early stage of the dispute. In Hong Kong litigation, a plaintiff...more

Bradley Arant Boult Cummings LLP

No. 2 of the Top 10 Horrible, Terrible, No Good Mistakes Lawyers Make in Mediations

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

Fisher Phillips

Don’t Be Bringin’ on the Heartbreak: Are Statements Made During OSHA Informal Conferences Admissible?

Fisher Phillips on

The Occupational Safety and Health Administration (OSHA) has conducted an inspection of your plant after one of your employees amputated part of his finger trying to clean around a sprocket with the machine still running. ...more

NAM (National Arbitration and Mediation)

Good Faith Negotiations At Mediation

New York Law Journal Alternative Dispute Resolution (ADR) Special Report - August 2018 - As a full-time mediator for the past decade, I have come to learn that trust is a critical element in any successful negotiation....more

Patterson Belknap Webb & Tyler LLP

Top 10 New York Commercial Division Cases and Developments of 2017

In 2017, the New York Commercial Division continued to implement new rules and refine existing rules in order to streamline litigation in the court. The year also saw some key decisions by the Commercial Division as well as...more

Hogan Lovells

Settlement Offers under Part 36 of the Civil Procedure Rules

Hogan Lovells on

Part 36 of the Civil Procedure Rules 1998 (the 'CPR') is a self contained procedural code that encourages parties to settle disputes being litigated (or about to the litigated) in the English courts. It does this by modifying...more

Littler

Wisconsin Legislature Proposes Employer-Friendly Changes to State Employment Laws Related to Offers of Settlement and Remedies

Littler on

A bill recently proposed in Wisconsin could seriously change litigation strategy and settlement considerations for many employment claims filed with state agencies. Assembly Bill 64 would amend the Wisconsin Fair Employment...more

Kilpatrick

Leveraging Trial Strategies To Improve Your Negotiating Skills

Kilpatrick on

A trial lawyer must make strategic decisions throughout the course of a case that will impact its outcome at trial. Over the years of my practice, I have learned that these decisions have also taught me several important...more

McManis Faulkner

Where Fantasy Football and Trial Practice Intersect

McManis Faulkner on

With Labor Day right around the corner, the NFL is gearing up for the 2015 season. Fantasy football leagues are getting ready for another year of camaraderie, smack talk, and thoughts of a championship. Mention...more

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