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?
Last week, a bipartisan coalition of 30 state attorneys general (AG), led by Florida, Illinois, New York, and Texas, reached a settlement with Cameo — an online service that allows fans to pay for customized messages from...more
The traditional approach to resolving legal disagreements through courtroom litigation often proves to be lengthy, costly, and stressful for everyone involved. As a result, many practitioners are now utilizing alternative...more
Consumers frequently receive only a paltry fraction of class action settlement funds, which are instead doled out to plaintiffs’ lawyers, cy pres recipients, and administrators. Now this problem is compounded by a recent...more
The clash between the public's “right to know” and the interest of parties in keeping information from the public is a recurring issue. This program will give an overview of “both sides” and will examine, among other things,...more
Someone told me, long ago, that the days go slowly, and the years fly by. No statement can be more accurate when referring to the past four years. Because on Tuesday, March 17, 2020, while still serving as a Justice of the...more
The initial demand was astronomical. Liability was razor thin. But, after three grueling hours, just as the marshals began to roust the public from the courthouse, counsel finally agreed upon a number. With three simple...more
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
The goal of mediation is to settle a claim or lawsuit. However, there is an important element of mediation that should never be overlooked — creating, and signing, the mediation agreement after the issues have been resolved...more
Significant work goes into settling a False Claims Act action. Defendants may spend months negotiating with the government to reach an agreeable settlement — often even longer if the defendant pursues the arduous...more
The Background: The CFTC Division of Enforcement ("Enforcement") recently issued an advisory on new enforcement policies that increase the agency's focus on corporate accountability through increasing civil penalties,...more
Takeaway: When evaluating the fairness of a proposed class settlement, Federal Rule 23(e)(2) requires a district court to take into account, among other considerations, the terms of any proposed award of attorneys’ fees and...more
In the realm of dispute resolution, mediation has emerged as a viable alternative to litigation. I believe that mediation offers us an opportunity to reach a consesus without the court making decisions on our behalf. While...more
As a mediator, I enter every mediation believing that by the end of the session, I will have helped the parties come together and reach a settlement. An optimist by nature – I'm a lifelong New York Jets and New York Knicks...more
Unlike a bottle of fine wine, legacy claims – or “old dogs” – do not get better with age. Whether you are an employer, a risk manager, or a claims professional, Goldberg Segalla partners Tim Dunbrack, Jill Forman Marks, and...more
When you finally reach an agreement to settle a hotly contested class action, you want more than anything for the court to approve your settlement agreement and for the case to be over. But, to get to the end of the case,...more
Widely adopted in the United States, Canada, and many other countries, the Collaborative Process used in Illinois is a values-driven, private, out-of-court alternative to the traditional litigation model for divorce, often...more
What can we learn about negotiation skills and mediation prep from Tim Robbins, Morgan Freeman, and Julia Roberts? The initial 2-3 hours of a mediated settlement conference can sometimes feel a bit like a protracted siege...more
When negotiating a class action settlement, lawyers on both sides may need to consider whether subgroups within the class need to be separately represented by different counsel. The First Circuit recently reached that...more
A recent Ninth Circuit decision on a class action settlement, In re Apple Inc. Device Performance Litigation, 2022 WL 4492078 (9th Cir. Sept. 28, 2022), received significant attention in the legal media. It addressed several...more
Last week the Eleventh Circuit addressed an issue that many class action practitioners probably haven’t thought much about: whether approval of a class action settlement requires that each class member obtaining relief have...more
Everyone remember that Alvarez v. Sunshine Life & Health Advisors LLC putative Florida Telephone Solicitation Act (FTSA) litigation we’ve covered? You know, the one where the plaintiff’s counsel argued that the FTSA extends...more
On Wednesday, Assistant Chief of DOJ Fraud Section’s Corporate Enforcement, Compliance, and Policy Unit, Lauren Kootman, confirmed the Department’s new policy of having chief compliance officers certify settlement agreements...more
On 24 May 2022, Glencore International AG announced a series of coordinated resolutions with various international enforcements agencies including the Department of Justice (”DOJ”), the Commodity Futures Trading Commission...more
The sun is shining, children are out of school, families are headed off on summer vacations, and the SEC is … bringing enforcement actions against companies for 2020 fraud related to COVID-19 products. One such action was...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