Insights into Best Pre-Litigation Negotiation Practices
Navigating Disputes Within Your Health Care Practice
Law School Toolbox Podcast Episode 388: Listen and Learn – Policy Exclusions (Evidence)
State AG Pulse | Money, Money, Money: Where does it go and why?
Sending Up the Mediation Smoke Signal: Tools that Policyholders Have Available to Settle A Claim With A Recalcitrant Insurer
What to do When Your Business Has Been Sued
Settling a Claim: Get Comfortable With Being Uncomfortable
What Will Happen at My Mediation?
Mediation is a proven means of resolving disputes efficiently and cost-effectively. Yet it is important to recognize that mediation takes time. Lawyers often tell me they think mediation doesn’t really get started until 3:00...more
If divorce law reflects the way people live, work, and plan their futures, then 2026 is shaping up to be a year of quieter strategy and longer-term thinking. The days of reactive decisions and splashy courtroom battles are...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 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
On December 3, the U.S. District Court for the Southern District of Texas lifted a stay in a case brought by the CFPB against several affiliated defendants, following a lapse in federal appropriations that had stayed...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
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
On December 2, 2025, the U.S. District Court for the Southern District of New York approved a settlement between the U.S. Securities and Exchange Commission (SEC) and a broker-dealer for policy and procedure violations and a...more
On November 24, 2025, the U.S. District Court for the District of New Jersey entered a Consent Judgment and Injunction resolving the denosumab BPCIA litigation between Amgen, Inc. and Amgen Manufacturing Limited (“Amgen”),...more
Trial lawyers are master storytellers, and storytelling is a powerful art. It’s powerful because human beings communicate, plan, operate, and live every day in the context of stories —fantastic narratives in which we...more
When facing claims, Pennsylvania real estate agents too often view the mandatory mediation paragraph found within the Standard Agreement for the Sale of Real Estate as little more than boilerplate. In practice, however, this...more
Jared Libet, Assistant Deputy Attorney General in the Consumer Protection Unit, recently joined a Kelley Drye webinar to discuss IRS regulations and their impact on consumer protection settlements....more
New Zealand is set to introduce a framework that would allow employers and employees to end contracts by mutual agreement, a move taking inspiration from the UK’s long-standing “protected conversations” regime....more
When you’ve been hurt in a motor vehicle accident or other incident caused by someone else’s irresponsible actions, you often have the option to file a personal injury lawsuit to require the person who caused your injuries to...more
Settlement counsel, as the name implies, “is an attorney engaged for the express purpose of assisting a client to resolve a current dispute.” A settlement counsel’s task is to seek the best negotiated settlement for the...more
Supporters of America’s traditional jury trials like the idea of a system of conflict resolution based on evidence, reasoning, and the public’s judgment. Those supporters, and I include myself in that group, believe that...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
Divorce is emotional and sometimes those emotions can cloud your judgment and stop you from settling your case, or missing opportunities to settle your case. Divorce can also be an expensive process, and the longer it drags...more
Join Kelley Drye for a webinar featuring special guest speakers South Carolina Attorney General Alan Wilson and Assistant Deputy of the Consumer Protection Division Jared Libet. They will be joined by Kelley Drye State...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
As lawyers and mediators who are retained to guide our clients from dispute to resolution, it is incumbent upon us to help parties both find an equitable peace, and then to hold onto it. Originally Published in the Daily...more
This past month, three of the longest-running class actions alleging independent contractor (IC) misclassification are finally ending. In all three cases, the companies, after vigorously defending themselves for close to a...more
The U.S. Securities and Exchange Commission ("SEC") has reinstated the practice of simultaneously considering settlement offers and related waiver requests from automatic disqualifications and other collateral consequences...more