How the Boards of Contract Appeals Work—And Why It Matters for Your Bottom Line
The Labor Law Insider: How Arbitrations Help Preserve Labor-Management Peace, Part II
What’s in Your Operating Agreement? Legal Tips for Healthcare Providers
The Rise of OTAs in Defense Contracting: Opportunities, Risks, and What Contractors Need to Know
A Counterintuitive Approach to Winning Without Litigation: One-on-One with Haley Morrison
Podcast - Ejecución de facturas electrónicas
The Labor Law Insider: How Arbitrations Help Preserve Labor-Management Peace, Part I
Master the First Moves in Litigation for Courtroom Advantage – Speaking of Litigation Video Podcast
Expert or Arbitrator? — PE Pathways Podcast
Corporate Divorce – Preventing and Managing the Break-Up of a Business Partnership
London Partner Roberta Downey Wired for Disputes: Tech, Infrastructure, and the New Frontier of Risk
The Subpoena Playbook
The Power of Lawyer Letters
Mock Jury Exercises: Enhancing Litigation Strategy in Consumer Financial Services Cases — The Consumer Finance Podcast
Building and Exiting Business Partnerships
Consumer Finance Monitor Podcast Episode: “Accidental Arbitration” -- A New Theory that Would Rein in Consumer Arbitration Clauses and the Scope of the FAA
Navigating Executive Orders: Strategies for Managing Stop Work Orders and Terminations
How Much an Arizona Divorce Will Cost
Recent Developments in California's Arbitration Landscape — FCRA Focus Podcast
It is estimated that over 80 percent of tax cases settle before a hearing is held. While this is generally a positive result for both taxpayers and Departments of Revenue, sometimes the fine print is overlooked—especially...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
Some lawyers adopt an aggressive stance as a deliberate strategy, believing it will secure better outcomes for their clients. Others may be combative by nature. It’s important to distinguish between tactical aggressiveness...more
Whether it’s neighbors in Napa arguing over a fence or a family in Fresno clashing over an inheritance, legal conflicts can quickly become expensive and emotionally draining. That’s why more people are turning to mediation, a...more
Cross-border legal disputes are a fixture of our global economy. As a result, companies headquartered outside of the United States often find themselves involved in U.S.-based litigation or arbitration. This experience is...more
I am often asked, “When is the best time to schedule a mediation?” Some lawyers like to schedule mediation as early as possible in the litigation, as soon as it becomes clear the parties will not be able to settle it...more
No matter what type of business you are in, trademark and copyright law can have significant effects on success and growth of your business. Both of these areas of law provide important rights over the intellectual property...more
Civil litigators are acutely aware of the benefits of mediation in resolving their clients’ disputes. Typically, prior to the filing of a lawsuit, the would-be plaintiff and defendant have been exposed to the dark side of...more
As discussed in a previous blog, prior to an executor making distributions from an estate he/she must produce an accounting which the beneficiaries of an estate are entitled to review. Provided that the accounting is...more
11 essential tips to strengthen your final arbitration submission - Writing a strong closing brief is one of the most important steps in the arbitration process. The final submission to the arbitrator offers counsel an...more
So, you think you can sue. Maybe you had a contract, and the other side breached it. Or maybe someone owes you money, and you’re ready to go after them. Not so fast. Starting a lawsuit is a big step, and there are many...more
A D.C. hospital operator's effort to get its HVAC system upgraded has backfired in nightmarish fashion for the operator. Hospital operator DCA leased its Northeast D.C. premises from Capitol Hill Group starting in late...more
In today’s complex litigation landscape, many individuals and businesses are turning to alternative methods to resolve disputes as a way to avoid the time, expense, and unpredictability of traditional lawsuit. Pre-litigation...more
Contracts with “prevailing party” provisions offer the tantalizing, coveted prospect of the winner recovering attorneys’ fees from the loser in legal disputes over the contract’s enforcement....more
A.R.S. 12-341.01 TEXT OF THE LAW - A. In any contested action arising out of a contract, express or implied, the court may award the successful party reasonable attorney fees. If a written settlement offer is rejected and...more
Declaratory judgments under the Uniform Declaratory Judgment Act (UDJA) can be a powerful tool, resolving current (or future) disputes while opening an avenue to claim attorneys’ fees. Once a UDJA claim is filed and the...more
Last week we saw the Menard court reject the use of an indemnity clause to shift fees in a dispute between contracting parties. This week, a very recent decision from Nevada highlights another creative way to shift fees where...more
An accurate assessment of damages is critical for case evaluation, and the cost of dispute resolution plays an important role in deciding to pursue claims. Even strong liability cases can fail to make economic sense. That is...more
Your next-door neighbor has a bone to pick with you. Maybe he thinks you have encroached onto his property. Maybe he is mad about a fence you put up on the property line. Maybe he just isn’t in a good mood. Whatever the...more
The author presented the following paper at the 2020 Class Actions National Institute of the American Bar Association. What makes mediating a class action different from mediating an individual case? In both settings,...more
On June 24, 2020, in Sayers Constr., LLC v. Timberline Constr., Inc., et al., a Florida District Court of Appeal affirmed a trial court’s denial of a contractor’s motion to dismiss. The contractor moved to dismiss for lack of...more
Our annual survey of health law cases for 2019 includes a number of notable decisions affecting the practice of medicine and the delivery of other health care services in Connecticut. These include the Connecticut Supreme...more
From disagreements over short-term rentals to an infamous Tigger mailbox that elevated a neighborhood dispute all the way to the Commonwealth Court, Pennsylvania has seen a growing trend in litigation involving unit owners’...more
After have deciding to mediate and selecting a mediator, each litigants’ focus should shift to preparation. In our experience, mediation results improve significantly when the parties, not just the attorneys, come prepared...more
Handling complex or “bet the company” litigation in a cost effective and timely manner is often a significant challenge for litigation counsel. These cases frequently have secondary and collateral issues that take on a...more