Insights into Best Pre-Litigation Negotiation Practices
Podcast: Inflation Reduction Act’s Drug Price Negotiation Provisions – What’s Next? - Diagnosing Health Care
5 Key Takeaways | The Lawyer’s Obligations to Ethical Conduct and Professionalism in Negotiations and Mediations
The M&A Word of the Day® from the Book of Jargon® – Global Mergers & Acquisitions Is Go Shop
Lease Negotiations – Interview with Jeff Moerdler, Member, Mintz Levin
Executive Compensation Packages – Interview with David Lagasse, Member, Mintz Levin
Trademark Series: Building a global brand
NHL's Lawyer: Lockouts Are 'Necessary' Weapons
In an age of entertainment news, compressed narratives and rushed judgments, the late radio broadcaster Paul Harvey offers an unexpected master class for mediators, advocates and decision-makers. Long before “storytelling”...more
Pursuant to the Inflation Reduction Act (the “IRA”), the Secretary of Health and Human Services (“HHS”) and the Center for Medicare & Medicaid Services (“CMS”) have begun the annual process of negotiating with pharmaceutical...more
Anytime I have tried to negotiate anything, be it the purchase of a car or house or a truce with my wife or kids, I always wished I could read the other person’s mind. Wouldn’t it be great if we knew from the get-go how much...more
January resolutions often draw envy or eye-rolls. When we wait to make a change or challenge ourselves to set new expectations, we simply rationalize delay, using hope as an excuse. In a world overwhelmed by conflict,...more
The legal profession has a departure problem. Partners backstab on the way out. Associates ghost their firms. Firms retaliate against people who dare to leave. Non-competes get weaponized. Deals get made and broken before the...more
Not every mediation ends with a settlement at the close of the formal mediation session. But sometimes there is enough progress made to reach “substantial completion”: A lot of ground has been covered, the issues have been...more
One of my favorite expressions has always been, “we have two ears and one mouth so that we can listen twice as much as we speak.” This adage may be nowhere more important than during a mediation. Ultimately, in a setting...more
The question referred to the Court was whether a comprehensive mortgage intermediation service that proactively sources clients, provides product information, assists with documentation, transmits and tracks proposals,...more
Having participated in mediations as an advocate and as a mediator, I can say that the mediation process lends itself well to the resolution of all kinds of personal injury claims....more
Tense negotiations on Broadway this month provide a vivid reminder of how fragile labor relations can become when economic pressures collide with workforce demands, underscoring the importance of proactive legal guidance for...more
Join attorneys Sarah Sawyer and Russell Berger from Offit Kurman in this episode of OK at Work as they discuss the intricacies of pre-litigation negotiations. Learn about the critical steps, strategies, and mindsets necessary...more
Two people can look at the exact same contract, the same set of facts, the same business opportunity, and come away with completely different interpretations. It’s not that one person is right and the other is wrong. It’s...more
A lot has changed in my approach to mediator’s proposals since I became a mediator in 2010. One school of thought then was that mediator’s proposals were unethical because the mediator was putting their thumb on the scale in...more
In a recent webinar, JAMS mediator and arbitrator Joseph Farina, Retired Judge, Eleventh Judicial Circuit of Florida, shared practical strategies for handling some of the toughest mediation challenges. With more than 30 years...more
Kilpatrick’s Colleen Bear and Brodie Erwin joined other thought leaders at the firm’s annual In-House Counsel Summit in Raleigh to discuss “Beyond Legal Expertise: Tools for Navigating High-Stakes Conversations.” High-stakes...more
In the latest episode of the Mintz On Air: Practical Policies podcast, Member Jen Rubin is joined by Judge Elizabeth Feffer and Curtis Holdsworth for an unscripted conversation about the potential benefits of AI-assisted...more
On May 12, 2025, the Centers for Medicare & Medicaid Services (CMS) issued draft guidance for the third cycle of the IRA’s Medicare Drug Price Negotiation Program (Negotiation Program). This draft guidance (Draft Guidance)...more
It’s a familiar scenario: As the case moves toward the mediation stage, the two sides start staking out positions with an eye toward compromise. The plaintiffs make a big ask with the expectation of coming down. The defense...more
Are opening statements in mediation beneficial toward reaching a settlement? There is an ongoing debate by both advocates and neutrals concerning the advantages and disadvantages of including opening statements in mediations....more
In high-dollar litigation, mediation is not merely a procedural requirement or a perfunctory step toward resolution. Rather, it can be a pivotal moment in the life cycle of a case. When leveraged correctly, mediation offers...more
In negotiation, the first number often carries disproportionate weight. While perhaps not always an absolute guarantee of victory, the concept of “anchoring bias” suggests it’s a powerful and frequently underestimated...more
Saipem & Ors v Petrofac Limited and Petrofac International (UAE) LLC [2025] EWCA Civ 821 - Executive Summary: Negotiating Leverage Handed to Out of the Money Creditors - In a sweeping decision, the UK Court of Appeal has...more
GPs are increasingly exploring formalised co-investment structures in a bid to secure management fees and carried interest. Co-investment activity has increased fivefold over the past two decades, hitting a record $33.2...more
Preparing your client for mediation can ensure that the mediation process is productive and not a frustrating, anxiety-producing event. While settlement is always preferable, it is not the only measure of productivity in a...more
From stingers to settlements: Finding parallels between bees and the ADR process - Beekeeping is one of my hobbies when I’m not dedicating myself to dispute resolution. In my more than 10 years as a beekeeper, I’ve learned...more