Insights & Tips
July 10, 2023 When a company first gets wind of a potential lawsuit, often the first step is to begin implementing a litigation hold. A litigation hold is a mandate within a company or organization to preserve relevant information. When a company reaso …
July 5, 2023 At the beginning of a joint session, the mediator will begin with an opening statement to frame the upcoming mediation. Typically, a mediator’s opening statements will include the following things: An introduction of all parties in the roo …
June 26, 2023 Depositions are a key discovery practice in litigation to obtain testimony, clarify the facts of the case, and directly speak with the deponent. Depositions are a tool used during discovery where a witness or party to the lawsuit gives te …
June 23, 2023 Kaye Spiegler PLLC just published a helpful article about the most prominent legal disputes of art and antiquities in the United States in The Art Law Review. The article focuses on landmark cases and laws relevant to the United States. T …
June 22, 2023 On June 7, 2023, the New York State Senate passed Senate Bill 3100A prohibiting most non-compete agreements in employment contracts. Shortly after on June 20, 2023, the bill passed in the New York State Assembly. This Bill has not been of …
June 12, 2023 As each dispute is unique, the mediation session itself is flexible and can occur in a few different formats. The mediation can involve a mix of joint sessions and private, individual caucuses. The joint session is a format for mediation …
June 12, 2023 In a discussion of the decision by the U.S. District Court for the Northern District of California in the In re Google Play Store Antitrust Litigation Case, a recent article from Davis + Gilbert highlights the obligations parties face to …
June 6, 2023 A new article from Practical Law The Journal investigates how generative artificial intelligence tools like ChatGPT present new legal issues in different practice areas, including labor and employment, intellectual property, commercial tra …
June 5, 2023 Before the mediation, at the invitation or suggestion of the mediator, a party may elect to send the mediator a confidential side-letter in addition to the pre-mediation statement exchanged with the other party. The side-letter for the med …
June 5, 2023 The pre-mediation statement gives each party an opportunity to present background information on the dispute and advise the mediator of its respective position. It also allows you to share your client’s position on the facts and the law wi …
May 23, 2023 The goal of mediation, unlike litigation, is voluntary settlement between the parties. There is no winning or losing, the goal is a compromise where both parties can walk away feeling satisfied. Because it is up to the parties whether they …
May 23, 2023 A new article from the BBC explores the importance of punctuation in contracts, focusing in particular on the comma, and how its misuse can cost companies considerably when drafters get things wrong. Oakhurst Dairy out of Portland, ME owes …