Insights & Tips
August 12, 2024 The lawyers at Frank Shuster of Constangy Brooks Smith & Prophete LLP have published some useful reminders and key rules for navigating mediation successfully: Settlement is Not Surrender Approach mediation with the mindset that a s …
July 30, 2024 Unlike court proceedings, the arbitration process is driven by the parties’ contractual agreement. The arbitration agreement is usually included in the contract to which it relates, but parties can also enter into an agreement to r …
On June 27, 2024, the Supreme Court’s decision in Securities and Exchange Commission v. Jarkesy declared the SEC’s administrative process for adjudicating fraud-based enforcement actions involving civil penalties unconstitutional. This landmark ruling …
July 10, 2024 PICKING THE RIGHT STATE MEDIATION PURSUANT TO THE UNIFORM MEDIATION ACT The Uniform Mediation Act (UMA) establishes a consistent and comprehensive set of rules for the confidentiality and privilege of mediation communications. Created by …
July 10, 2024 TRADE SECRET CLAIM DISMISSED: KEY TAKEAWAYS FROM VERTICAL BRIDGE REIT V. EVEREST INFRASTRUCTURE PARTNERS On May 23, 2024, the U.S. District Court for the Western District of Pennsylvania dismissed a trade secret misappropriation claim in …
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 …
