Insights & Tips
March 28, 2023 A recent article from Proskauer highlights several “extraordinary verdicts” for plaintiffs in recent trade secret cases. The trend is being seen across industries: Appian Corp. v. Pegasystems Inc., No. 2020-07216 (Va. Cir. Ct. Fairfax Ct …
March 28, 2023 JAMS ADR Blog recently proposed a new concept for dispute resolution, Mediated Evaluations. This new form of alternative dispute resolution (ADR) could offer parties more in-depth analysis on the merits of their arguments, and better pos …
January 20, 2023 – A growing alternative to in-person mediation is online “virtual” mediation. Virtual mediation is sometimes preferable to in-person mediation when the key participants in the mediation are scattered around the country or in different …
December 30, 2022 – Once the parties select a mediator, they should memorialize their agreement in writing. The basic mediation agreement is usually prepared or circulated by the mediator. This agreement should help the parties better understand the …
December 22, 2022 – In our previous post, we explored where to find lists of potential mediators to assist in resolving a dispute. If the parties have contractually agreed to use one of the major mediation organizations or service providers, including …
December 19, 2022 – Once the parties of a dispute reach the decision to mediate, they are then faced with the task of finding a mediator. Often, the court or the mediation agreement itself may specify where the parties should select a mediator. Other …
November 8, 2022 – While mediation is an effective dispute resolution tool, timing is key and can make or break the success of the process. At the end of the day, the particularities of a case will determine the right time to mediate. Because mediatio …
November 2, 2022 – Today, contracts frequently require that the parties seek to mediate any disputes before commencing a litigation or arbitration. But even when the parties are not contractually required to mediate, a litigant or potential litigant s …
September 12, 2022 – Mediation is an effective form of dispute resolution in which the parties meet with an impartial third person, a “mediator,” who facilitates conversation and negotiation to find a mutually agreeable resolution. Mediation is volunta …
August 31, 2022 – For a useful introduction to the law of international arbitration in the United States, here is an article from The International Arbitration Review, written by three attorneys at Wilmer Cutler. The piece provides a brief overview of …
August 23, 2022 — On May 26, 2022, the Appellate Division, First Judicial Department of New York granted an injunction prohibiting former Vice President of Basketball Partnerships at Excel Sports Management, LLC Eric Eways from working for Klutch Sport …
August 9, 2022 — Last summer, the New York City Council voted to deregulate the city’s art market, purportedly as part of a broader attempt to revive its flagging businesses after the coronavirus pandemic. Those new rules, contained in a larger package …