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NJ Court Says Mediation Agreements Must Be in Writing
August 21, 2013
Mediation agreements will not be enforced unless the terms are put in writing and signed by the parties before the mediation comes to a close, the state Supreme Court says. Where the terms are too complex to be drafted that same day, the mediation should be continued for "a brief but reasonable period of time to allow for the signing of the settlement." The bright-line rule is meant to prevent litigation over what occurred at mediation because mediation should help resolve disputes expeditiously,...
August 21, 2013
Mediation agreements will not be enforced unless the terms are put in writing and signed by the parties before the mediation comes to a close, the state Supreme Court says. Where the terms are too complex to be drafted that same day, the mediation should be continued for "a brief but reasonable period of time to allow for the signing of the settlement." The bright-line rule is meant to prevent litigation over what occurred at mediation because mediation should help resolve disputes expeditiously,...
Best Lawyers in America® Names Don Philbin 2014 Mediation Lawyer of the Year
August 21, 2013
Attorney-Mediator Don Philbin was recently selected as 2014 "Lawyer of the Year" for Mediation in the San Antonio area. (Photo: http://photos.prnewswire.com/prnh/20130820/PH66194-a) (Logo:http://photos.prnewswire.com/prnh/20130820/PH66194LOGO-b) Only a single lawyer in each practice area and designated metropolitan area is honored as the "Lawyer of the Year," making this accolade particularly significant. These lawyers are selected based on particularly impressive voting averages received...
August 21, 2013
Attorney-Mediator Don Philbin was recently selected as 2014 "Lawyer of the Year" for Mediation in the San Antonio area. (Photo: http://photos.prnewswire.com/prnh/20130820/PH66194-a) (Logo:http://photos.prnewswire.com/prnh/20130820/PH66194LOGO-b) Only a single lawyer in each practice area and designated metropolitan area is honored as the "Lawyer of the Year," making this accolade particularly significant. These lawyers are selected based on particularly impressive voting averages received...
BigLaw Growth Was ‘Anemic’ for First Half of 2013, Reports Wells Fargo (video)
August 21, 2013
Jeff Grossman, a Senior Director at Wells Fargo Private Bank, talks with Bloomberg Law's Lee Pacchia about his firm's new report on the state of BigLaw. The survey of 120 law firms saw revenue growth of 1.5% for the first half of 2013, compared to the same period of time last year.
August 21, 2013
Jeff Grossman, a Senior Director at Wells Fargo Private Bank, talks with Bloomberg Law's Lee Pacchia about his firm's new report on the state of BigLaw. The survey of 120 law firms saw revenue growth of 1.5% for the first half of 2013, compared to the same period of time last year.
Divining the Future of Law & Legal Technology in Vegas
August 20, 2013
For law firms and corporate counsel alike, information technology is perhaps the single most disruptive factor that will...
August 20, 2013
For law firms and corporate counsel alike, information technology is perhaps the single most disruptive factor that will...
A Decision Support Tool for Selection of Dispute Resolution Strategy: Contractor’s Perspective
August 20, 2013
Disputes in the construction industry are inevitable. The longer these disputes stay unresolved, the more negative impact...
August 20, 2013
Disputes in the construction industry are inevitable. The longer these disputes stay unresolved, the more negative impact...
Avoiding the Slow March to the Middle
August 20, 2013
The manner in which most mediations are conducted — the way most lawyers and their clients are conditioned to do it — is through a highly positional and distributive process by which the parties and counsel, through the cajoling and arm twisting of a neutral, begin at extreme and meaningless opposite ends of the spectrum and slowly and often painfully work their way through hard fought compromise, to terms that are somewhere in the middle. This long-standing tradition exists despite considerable...
August 20, 2013
The manner in which most mediations are conducted — the way most lawyers and their clients are conditioned to do it — is through a highly positional and distributive process by which the parties and counsel, through the cajoling and arm twisting of a neutral, begin at extreme and meaningless opposite ends of the spectrum and slowly and often painfully work their way through hard fought compromise, to terms that are somewhere in the middle. This long-standing tradition exists despite considerable...
Round-Up of Motions to Compel Involving Non-Signatories to Arbitration Agreements
August 20, 2013
Four recent decisions considered whether to compel arbitration in the context of non-signatories and multiple agreements and claims. The decisions highlight different doctrines relevant to this analysis, including equitable estoppel, third-party beneficiary, and agency principals. Murphy v. DirecTV, Inc., No. 11-57163 (9th Cir. July 30, 2013) (reversing lower court’s order compelling arbitration; non-signatory was not entitled to benefit of arbitration clause under equitable estoppel, third-party...
August 20, 2013
Four recent decisions considered whether to compel arbitration in the context of non-signatories and multiple agreements and claims. The decisions highlight different doctrines relevant to this analysis, including equitable estoppel, third-party beneficiary, and agency principals. Murphy v. DirecTV, Inc., No. 11-57163 (9th Cir. July 30, 2013) (reversing lower court’s order compelling arbitration; non-signatory was not entitled to benefit of arbitration clause under equitable estoppel, third-party...
Lawyer Agrees to Five-Year Suspension for Advising Client to Clean Up His Facebook Photos
August 20, 2013
A Virginia lawyer who advised a plaintiff suing over the death of his wife to clean up his Facebook photos has agreed to a five-year suspension. Matthew Murray was unavailable for comment on his suspension because he was volunteering with a group performing maintenance on the Appalachian Trail, relatives told the Daily Progress. The Legal Profession Blog notes the July 17 suspension order, published online on Aug. 2. Murray’s client, Isaiah Lester, had sued Allied Concrete for the death...
August 20, 2013
A Virginia lawyer who advised a plaintiff suing over the death of his wife to clean up his Facebook photos has agreed to a five-year suspension. Matthew Murray was unavailable for comment on his suspension because he was volunteering with a group performing maintenance on the Appalachian Trail, relatives told the Daily Progress. The Legal Profession Blog notes the July 17 suspension order, published online on Aug. 2. Murray’s client, Isaiah Lester, had sued Allied Concrete for the death...
ALM Offers Digital Memberships
August 19, 2013
ALM, a multimedia company that serves the legal and real estate industries, has launched a new service designed to help legal...
August 19, 2013
ALM, a multimedia company that serves the legal and real estate industries, has launched a new service designed to help legal...
The Dell Buyout: Michael Dell Weighs His BATNA
August 19, 2013
In negotiation, your best source of power typically is your “best alternative to a negotiated agreement,” or BATNA. By cultivating appealing options away from the table, you free yourself up to walk away in the event of a disappointing deal. In all likelihood, Dell Inc. founder Michael Dell found himself facing such a BATNA analysis in recent days. Back in February, Dell and private-equity firm Silver Lake Partners announced a deal to buy the company for $13.65 a share. Since then, the deal...
August 19, 2013
In negotiation, your best source of power typically is your “best alternative to a negotiated agreement,” or BATNA. By cultivating appealing options away from the table, you free yourself up to walk away in the event of a disappointing deal. In all likelihood, Dell Inc. founder Michael Dell found himself facing such a BATNA analysis in recent days. Back in February, Dell and private-equity firm Silver Lake Partners announced a deal to buy the company for $13.65 a share. Since then, the deal...
