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?
The cornerstone of a successful mediation comes from parties navigating uncertainty in order to find an acceptable, self-directed resolution. Sometimes, this process stops mere inches from settlement. Instead, the parties sit...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
In a significant turn of events on July 2, 2025, the SEC, SolarWinds Corp. and its Chief Information Security Officer (CISO), Timothy Brown, announced through a joint letter to the U.S. District Court for the Southern...more
Employers that defend against human rights complaints often find themselves grappling with pleadings and submissions that wander well beyond the events the complainant experienced. ...more
In the UAE, the common law legal principle of without prejudice is usually not applied in onshore courts. This legal concept, which is found in many legal systems, ensures that statements made during settlement discussions...more
On June 13, 2025, a federal court in the Northern District of California held that a putative Video Privacy Protection Act (VPPA) class action lawsuit belonged in arbitration, thanks to the defendant company’s arbitration...more
The Spotlight strives to provide a forum to discuss the latest news and compelling issues impacting fiduciaries and those to whom fiduciaries owe duties. Whether you are an officer, director, trustee, beneficiary, trust...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
If you’ve been injured in a car accident, accepting an insurance settlement will allow you to start moving on with your life. But, if you settle your claim too soon, this could prove to be a very costly mistake. There are...more
On May 7, the parties in House v. NCAA submitted supplemental briefs in response to U.S. District Judge Claudia Wilken’s April 23 order requiring both parties to address her concerns over the issue of roster limits. These...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
Since between 90%-95% of litigated cases settle before trial, effective negotiation skills can be the bedrock of success for lawyers. Settlement allows both parties to avoid the uncertainty and costs of protracted...more
Join us for an insightful webinar exploring the practice of co-mediation—a collaborative approach where two mediators with diverse experience and perspectives work together to facilitate resolution. This method leverages the...more
Trust is an essential element of the mediation process. The whole point, of course, is to take two or more parties who have a dispute and help them reach an agreement. Because the process necessarily involves that dispute,...more
I often joke that I decided to be a mediator when I realized that scripture says, “blessed are the peacemakers” and not “blessed are the litigators.” The truth, however, is that I wanted to be a mediator since the day I...more
No two mediations are the same. Not only are the facts of each case different, but the litigants have different motivations, concerns and ways of presenting their thoughts and ideas. The goals and styles of presentation of...more
What is an arbitrator’s primary obligation? If you put that question to most arbitrators or representatives of arbitral institutions, you will get the same answer: to render an enforceable award. That consensus is so...more
On April 2, 2025, the U.S. Supreme Court expanded the type of civil actions that can be brought under the Racketeer Influenced and Corrupt Organizations Act (RICO) to include personal injury claims that caused economic harm...more
Many clients dream of a low-conflict divorce. And for good reason—a peaceful separation benefits everyone involved: the spouses, the children, and even their finances. But what happens when one spouse uses the divorce process...more
Settling a case does not have to be complicated. Certainly, you need to know what you are willing to pay, and you should try to find out what your adversary is willing to take. How you get there is the issue....more
Disputes among partners or shareholders can have a significant impact on a healthcare practice. On this week's HealthLawHotSpot, host and Roetzel attorney Ericka Adler is joined by fellow Roetzel attorney Hillard Sterling to...more
Section 6751(b), designed to ensure supervisory oversight amid rising penalty assertions in settlement negotiations, has been contentious due its ambiguity, and the final regulations may not resolve the debate....more
Arizona employer cannot exclude settlement communications from former employee’s retaliation complaint - In Flores v. Rafi Law Group PLLC, the plaintiff accused her law firm employer of retaliating against her by (i)...more
A common definition of mediation is a process with an impartial neutral who assists the parties in resolving a dispute. In most civil litigation mediations, the goal is a final settlement agreement. Mediators conclude a...more
By Glenn Hutchison and David Matthews Conflict occurs when two parties have differing perspectives on a matter of importance and each of them believes that his or her own view is correct. As research has shown, humans...more