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Stories and digests covering a variety of angles to ADR, whether on key issues of law or notable parties
By Robert S. Kelner, Gail S. Kelner and Joshua D. Kelner | November 21, 2022
Companies like Uber and Lyft have buried arbitration clauses in their terms of service, and then invoked them when sued by their passengers. For this reason, it is important that personal injury attorneys have some basic fluency in the principles that apply when courts are asked to evaluate when a case can or should be sent to arbitration.
12 minute read
By Apoorva Patel, Christiane Deniger and Joe Durkin | November 18, 2022
The construction industry is likely to remain in flux in the upcoming years, and legal finance will serve as an essential tool for parties in construction disputes.
10 minute read
By Erin Thomas, Monique O'Donoghue and Catherine Karia | November 18, 2022
Using recent developments in case law from across international jurisdictions, this article highlights common drafting pitfalls and offers practical guidance for crafting effective, enforceable arbitration clauses. The key message is to keep your drafting clear, concise and simple.
8 minute read
By Erin E. Gleason Alvarez | November 18, 2022
The adversarial system of litigation is not one that engenders trust among counterparties. So, it makes sense for people to expect the worst of one another when they arrive at the negotiation table. But this can become an issue in mediation when it clouds the decision-making processes of counsel and client alike.
6 minute read
By David Berkey | November 18, 2022
People do not always solve their disputes without the aid of others. In this article, David Berkey discusses the pros and cons of using litigation or an alternative method of dispute resolution (ADR) such as mediation or arbitration to bring closure to a dispute.
9 minute read
By John M. Delehanty | November 18, 2022
A passive approach to mediation in the hard-bitten world of New York litigation will simply lead to organized chaos. In this article, John M. Delehanty outlines the active steps that a mediator should take to assure a successful resolution of a commercial dispute.
6 minute read
By Dan Roe | October 27, 2022
New York and London each saw new partners in the double digits, while the firm's Los Angeles office—its first—had just one promotion to partner.
2 minute read
By Marianna Wharry | October 26, 2022
A legal settlement between PETA and Maryland's Tri-State Zoological Park led to the rescue of 65 animals of 30 different species, the organization recently…
2 minute read
By Russell Yankwitt and Dina Hamerman | October 24, 2022
This article provides an examination of why corporate clients settle early and a discussion of the important benefits of not settling. The article concludes with a look at the "hybrid approach" of binding arbitration for large-value cases, which can combine "the reputational benefit of fighting with the cost certainty and confidentiality of settling."
8 minute read
By Dan Roe | October 17, 2022
"There's a big claim wave coming," said Andrew Shapiro, who joined Holland & Knight with Jason Dubner this week.
3 minute read
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MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS