Insights & Tips
July 9th, 2024 THE POWER OF SECTION 1782 IN FOREIGN DISCOVERY EFFORTS 28 U.S.C. § 1782 (“Section 1782”) of the US Code allows individuals or entities involved in foreign legal proceedings to obtain discovery from entities within the United States. Peti …
July 9, 2024 HOW MEDIATORS AND ARBITRATORS CAN UTILIZE GENERATIVE AI A recent article by the AI Working Group of the American Arbitration Association (AAA) explores how generative AI may be used in arbitration and mediation and discusses potential futu …
July 8, 2024 MEDIATION CONFIDENTIALITY RULES IN THE STATE OF NEW YORK In June 2024, the New York City Bar released a memorandum addressing confidentiality in mediation within the State of New York. This memo, crafted by various committees, including th …
June 27, 2024 A recent Administrative Law Judge (ALJ) decision has impacted the legality of non-compete and non-solicitation agreements in the context of labor rights in the United States. In May 2023, the General Counsel of the National Labor Relation …
June 27, 2024 On April 23rd, 2024, the Federal Trade Commission (FTC) issued a final rule banning employers from using post-employment non-compete clauses with employees, except in limited circumstances. One of those circumstances is when the employee …
June 26, 2024 There is no exact formula for “winning” a mediation, especially in the employment context. Although employment mediations often involve parties familiar with one another, certain actions can still disrupt the ability to achieve a settleme …
June 20, 2024 Mediations do not always end in settlements, even when all parties are well-prepared and willing to participate in good faith. Here are several key reasons why a mediation may fail: Mistakes in Valuation or Unrealistic Settlement Expectat …
June 18, 2024 Negotiation skills are crucial for counsel in a mediation, but often involve a common yet unacknowledged strategy: deception. Although honesty is ideal in mediation sessions, expecting counsel to be completely candid when aiming to secure …
Last month, the Delaware Court of Chancery clarified critical aspects of the statute of limitations and tolling doctrines in breach of fiduciary duty claims through its ruling in ETC Northeast Field Services, LLC v. Muse (“Muse”). C.A. No. 2023-0249-MT …
June 17, 2024 Clients and counsel must behave ethically when participating in a mediation. In a mediation, a party or their counsel may display varying levels of aggression. But personal attacks on adverse counsel and other such disparaging conduct onl …
June 13, 2024 Mediators are bound by certain ethical rules and best practices to follow when refereeing a dispute. Mediators will likely have varying levels of training on the ethical rules that bind them as a neutral. Unprofessional conduct by mediato …
June 11, 2024 Under Rule 5.1 of the Delaware Court of Chancery, proceedings in a civil action are generally a matter of public record. A recent decision by the Court of Chancery reinforced the importance of maintaining public access to court proceeding …
