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Who Is the Client in the Closely Held Corporation?
November 1, 2013
You represent a closely held corporation. Whom do you represent—the corporation or the chief operating officer who owns all the shares? Lawyers! No wonder ordinary mortals find us exasperating. Lawyers get hired and paid to worry about things no one else expects to, or much less wants to, worry about. Just imagine what your client would think if you voiced these dark-of-the-night worries: “I thought you were my friend! I thought I could rely on you to solve my problems for me, not to create...
November 1, 2013
You represent a closely held corporation. Whom do you represent—the corporation or the chief operating officer who owns all the shares? Lawyers! No wonder ordinary mortals find us exasperating. Lawyers get hired and paid to worry about things no one else expects to, or much less wants to, worry about. Just imagine what your client would think if you voiced these dark-of-the-night worries: “I thought you were my friend! I thought I could rely on you to solve my problems for me, not to create...
Mediation 101 – Three Essential Concepts
November 1, 2013
This week I spoke to a group of young legal practitioners here in New Zealand. I aimed low and went back to source. I suspect...
November 1, 2013
This week I spoke to a group of young legal practitioners here in New Zealand. I aimed low and went back to source. I suspect...
In-House Counsel Get Real About Outside Firm Value
October 31, 2013
In a time of changing relationships between many in-house law departments and their outside counsel, there are legitimate motives for law firms to want to better understand how they can create value for their corporate clients. A panel discussion held in New York City on Thursday by the Legal Marketing Association’s Metropolitan New York Chapter, titled “Value—The Key Differentiator,” brought together three prominent in-house lawyers to talk about outside counsel value. All three...
October 31, 2013
In a time of changing relationships between many in-house law departments and their outside counsel, there are legitimate motives for law firms to want to better understand how they can create value for their corporate clients. A panel discussion held in New York City on Thursday by the Legal Marketing Association’s Metropolitan New York Chapter, titled “Value—The Key Differentiator,” brought together three prominent in-house lawyers to talk about outside counsel value. All three...
The Importance of Culture in Conflict Resolution
October 31, 2013
JAMS had the honor of supporting the 2013 ABA Mediation Week in October. The theme for the 2013 ABA Mediation Week was “Making a World of Difference.” JAMS partnered with local bar associations, community organizations and law schools throughout the week and held events in Atlanta, Los Angeles, London, Miami, New York, San Francisco and other locations. At a Mediation Week panel discussion in New York, a panel of seasoned ADR professionals, including two JAMS mediators, a doctor of Anthropology,...
October 31, 2013
JAMS had the honor of supporting the 2013 ABA Mediation Week in October. The theme for the 2013 ABA Mediation Week was “Making a World of Difference.” JAMS partnered with local bar associations, community organizations and law schools throughout the week and held events in Atlanta, Los Angeles, London, Miami, New York, San Francisco and other locations. At a Mediation Week panel discussion in New York, a panel of seasoned ADR professionals, including two JAMS mediators, a doctor of Anthropology,...
October 2013 Supreme Court Term Begins
October 31, 2013
The United States Supreme Court began its October 2013 term today. One of the cases the high court will consider this fall is BG Group PLC v. Republic of Argentina, Docket No. 12-138. In the case, the District of Columbia Circuit vacated an arbitral award that was issued as a result of a Bilateral Investment Treaty (“BIT”) entered into between the United Kingdom and Argentina. The treaty itself provides that any disputes between a business investor and a host nation will be resolved in the host...
October 31, 2013
The United States Supreme Court began its October 2013 term today. One of the cases the high court will consider this fall is BG Group PLC v. Republic of Argentina, Docket No. 12-138. In the case, the District of Columbia Circuit vacated an arbitral award that was issued as a result of a Bilateral Investment Treaty (“BIT”) entered into between the United Kingdom and Argentina. The treaty itself provides that any disputes between a business investor and a host nation will be resolved in the host...
Contrasting U.S. Litigation and International Arbitration
October 31, 2013
American litigators know that there is often a tortuous road between the filing of the complaint and trial. The parties’ positions, and how each side views the facts, tend to evolve through the initial pleadings, amended pleadings, motions to dismiss, documentary discovery, depositions, summary judgment motions, pretrial submissions, motions in limine, pretrial statements, trial briefs, and the course of trial itself. It is often not until after discovery is completed and summary judgment motions...
October 31, 2013
American litigators know that there is often a tortuous road between the filing of the complaint and trial. The parties’ positions, and how each side views the facts, tend to evolve through the initial pleadings, amended pleadings, motions to dismiss, documentary discovery, depositions, summary judgment motions, pretrial submissions, motions in limine, pretrial statements, trial briefs, and the course of trial itself. It is often not until after discovery is completed and summary judgment motions...
Public Courts as Private Arbitration Panels
October 31, 2013
Tom Stipanowich called the Delaware Court of Chancery’s arbitration program “a veritable trifecta of procedural advantages for commercial parties, including expert adjudication, efficient case management and short cycle time and, above all, a proceeding cloaked in secrecy.” But he warned that its constitutionality was in doubt. Now the Third Circuit Court of Appeals has, indeed, ruled it unconstitutional. The grounds for the ruling go to some of the most profound assumptions of access...
October 31, 2013
Tom Stipanowich called the Delaware Court of Chancery’s arbitration program “a veritable trifecta of procedural advantages for commercial parties, including expert adjudication, efficient case management and short cycle time and, above all, a proceeding cloaked in secrecy.” But he warned that its constitutionality was in doubt. Now the Third Circuit Court of Appeals has, indeed, ruled it unconstitutional. The grounds for the ruling go to some of the most profound assumptions of access...
Baby Boom: For Second Year in a Row, Large Firms Continue to Bring In More Baby Lawyers
October 30, 2013
Warren Knull says his first three weeks as a new corporate and securities associate with Andrews Kurth were "business boot camp" training. Knull and the firm's other baby lawyers went through a course the firm purchased called The Fullbridge Program, during which the associates formed teams to solve a case study. "We were tasked with deciding whether or not to build from scratch an air taxi business or acquire one of the major players already in the market," says Knull, a 2013 graduate of the University...
October 30, 2013
Warren Knull says his first three weeks as a new corporate and securities associate with Andrews Kurth were "business boot camp" training. Knull and the firm's other baby lawyers went through a course the firm purchased called The Fullbridge Program, during which the associates formed teams to solve a case study. "We were tasked with deciding whether or not to build from scratch an air taxi business or acquire one of the major players already in the market," says Knull, a 2013 graduate of the University...
Forget Dated Ideas About Left and Right Hemispheres
October 30, 2013
Excerpt from "A New Map of How We Think: Top Brain/Bottom Brain" (Wall Street Journal), an article extracted from a forthcoming...
October 30, 2013
Excerpt from "A New Map of How We Think: Top Brain/Bottom Brain" (Wall Street Journal), an article extracted from a forthcoming...
Attorneys and Negotiation Ethics: A Material Misunderstanding?
October 30, 2013
Attorney negotiation ethics is a timeless topic as evidenced in a recent contribution from Peter Reilly (Texas A&M), Andrea, and me entitled, Attorneys and Negotiation Ethics: A Material Misunderstanding? 29 Negotiation J. 265 (2013), (on SSRN and available for download here). The paper discusses the common themes across our various empirical work on the subject, and is the result of a presentation we made at the ABA DR Section Conference a couple of years ago. Thanks to my coauthors...
October 30, 2013
Attorney negotiation ethics is a timeless topic as evidenced in a recent contribution from Peter Reilly (Texas A&M), Andrea, and me entitled, Attorneys and Negotiation Ethics: A Material Misunderstanding? 29 Negotiation J. 265 (2013), (on SSRN and available for download here). The paper discusses the common themes across our various empirical work on the subject, and is the result of a presentation we made at the ABA DR Section Conference a couple of years ago. Thanks to my coauthors...
