Insights & Tips
February 21, 2024 On January 22, 2024, the Second Circuit held, in The Resource Group International Ltd. v. Chishti, No. 23-286 (2d Cir. Jan. 22, 2024), that a forum selection clause in a later settlement agreement could supersede a prior agreement to …
February 14, 2024 After considering options like a mediator’s proposal, conditional offers, alternative demands, or baseball/high-low arbitration, parties may still encounter an impasse during mediation. Advocates should be aware of strategies a mediat …
February 14, 2024 When parties cannot reach an agreement during mediation, advocates and their clients should consider “baseball” or “high-low” offers (often used in baseball arbitrations) to break the impasse and close the deal. These alternatives are …
February 14, 2024 When negotiations stall due to high plaintiff demands or low defendant offers, using conditional offers and alternative demands can help break the impasse. These strategies allow parties to adjust their positions without committing fi …
February 14, 2024 If all attempts to avoid impasse have failed but the parties are close enough to a deal that both sides see the merit in one final effort, a mediator might suggest a mediator’s proposal. A mediator’s proposal is a settlement offer mad …
February 8, 2024 On January 29, 2024, the Delaware Supreme Court upheld the enforceability of a forfeiture-for-competition provision in a limited partnership agreement in Cantor Fitzgerald, L.P. v. Ainslie. This provision allowed Cantor Fitzgerald to w …
February 1, 2024 Once the client and counsel have identified the parties’ interests and considered alternatives, they should develop objective criteria that both sides will reference during the mediation. Examples include market valuations, precedents, …
January 30, 2024 Employers must carefully consider the confidentiality and severance clauses they include in their agreements, as they may inadvertently violate whistleblower protection laws. Recent enforcement actions by the Securities and Exchange Co …
January 30, 2024 Preparing for negotiation in mediation requires thorough consideration of alternatives to increase the likelihood of a successful resolution. To properly formulate and evaluate competing settlement proposals offered during the mediati …
January 30, 2024 The success of a negotiation hinges on effective preparation. Parties and their counsel must prepare in advance to formulate a proper proposal, evaluate competing proposals, and consider a negotiation strategy that manages expectation …
January 17, 2024 On January 9, 2024, the U.S. Court of Appeals for the Ninth Circuit decided that Madrid’s Thyssen-Bornemisza museum (TBC Foundation) rightfully owns Camille Pissaro’s painting “Rue Saint Honoré, après midi, effet de pluie” (“Rue Saint …
January 16, 2024 On November 30, 2023, Governor Kathy Hochul declined to sign a proposed bill banning the use of non-compete agreements between employers and employees in New York. Expressing concerns about the overbroad nature of the proposed ban, Gov …
