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Durability of Mediated Settlements and More
June 5, 2013
In what I hope readers of this blog will consider a deft segue, I want to shift from the successful judicial mediation that I highlighted last monthto one that didn’t proceed quite so smoothly. Deals negotiated in mediation tend to hold or, at least, that’s been the conventional wisdom. The theory is that because of the consensual nature of the process parties tend to abide by the agreements they’ve struck in mediation. In Ontario we’ve just had a rare high profile example of a situation...
June 5, 2013
In what I hope readers of this blog will consider a deft segue, I want to shift from the successful judicial mediation that I highlighted last monthto one that didn’t proceed quite so smoothly. Deals negotiated in mediation tend to hold or, at least, that’s been the conventional wisdom. The theory is that because of the consensual nature of the process parties tend to abide by the agreements they’ve struck in mediation. In Ontario we’ve just had a rare high profile example of a situation...
Negotiation As Improv From the Harvard Program on Negotiation
June 5, 2013
My business partner,Lisa Gates, is an actor and improv artist as well as a negotiation consultant and adult learning specialist....
June 5, 2013
My business partner,Lisa Gates, is an actor and improv artist as well as a negotiation consultant and adult learning specialist....
Early Case Analysis and Planned Negotiation
June 5, 2013
Perhaps the single least recognized, most effective strategy for managing streams of commercial disputes is early intervention. The bundle of skills implicated by this strategy include Planned Early Negotiation, Early Case Assessment, Risk Analysis, and Decision Tree Analysis. But the objective of all of these tools is the same: To place the decision-maker within the client in a position to make an informed choice on how the matter will proceed, driven by business — not legal – objectives. The...
June 5, 2013
Perhaps the single least recognized, most effective strategy for managing streams of commercial disputes is early intervention. The bundle of skills implicated by this strategy include Planned Early Negotiation, Early Case Assessment, Risk Analysis, and Decision Tree Analysis. But the objective of all of these tools is the same: To place the decision-maker within the client in a position to make an informed choice on how the matter will proceed, driven by business — not legal – objectives. The...
ReInvent Law London 2013: Conference Schedule
June 5, 2013
We have some very exciting news to share about upcoming ReInvent Law London conference: This year's event will be on June...
June 5, 2013
We have some very exciting news to share about upcoming ReInvent Law London conference: This year's event will be on June...
Texas Supreme Court Holds Trust Dispute Must be Arbitrated
June 5, 2013
Last week, the Supreme Court of Texas ordered that a trust dispute must be submitted to arbitration. InRachal v. Reitz, 11-0708, (Tex. May 3, 2013), a trust beneficiary, John Reitz, sued a successor trustee who was also the attorney who drafted the trust, Hal Rachal, Jr., for breach of fiduciary duty, misappropriation of trust assets, and failure to provide an accounting as required by state law. In addition, Reitz sought a temporary injunction against Rachal, his removal as trustee, and damages. Rachal...
June 5, 2013
Last week, the Supreme Court of Texas ordered that a trust dispute must be submitted to arbitration. InRachal v. Reitz, 11-0708, (Tex. May 3, 2013), a trust beneficiary, John Reitz, sued a successor trustee who was also the attorney who drafted the trust, Hal Rachal, Jr., for breach of fiduciary duty, misappropriation of trust assets, and failure to provide an accounting as required by state law. In addition, Reitz sought a temporary injunction against Rachal, his removal as trustee, and damages. Rachal...
What Insurers Want From Mediators
June 5, 2013
Steve Jobs famously surrounded himself and his colleagues at Apple with a “Reality Distortion Field.” From within the reality-free...
June 5, 2013
Steve Jobs famously surrounded himself and his colleagues at Apple with a “Reality Distortion Field.” From within the reality-free...
Vacatur of Convention Awards in U.S. Courts: Fresh Cases and Fresh Thoughts
June 4, 2013
One of the larger waves crashing on the shores of international arbitration as the result of the Restatement (Third) of the Law of International Arbitration is the position — clearly restating existing law — that the grounds stated in Article V of the New York Convention for refusal of recognition of an award should be the exclusive grounds for U.S. judicial annulment of an award made in the U.S. — notably to the exclusion of the doctrine of manifest disregard of the law, and, for that matter,...
June 4, 2013
One of the larger waves crashing on the shores of international arbitration as the result of the Restatement (Third) of the Law of International Arbitration is the position — clearly restating existing law — that the grounds stated in Article V of the New York Convention for refusal of recognition of an award should be the exclusive grounds for U.S. judicial annulment of an award made in the U.S. — notably to the exclusion of the doctrine of manifest disregard of the law, and, for that matter,...
Federal Circuit Refuses To Enjoin International Arbitration of Patent Claims
June 4, 2013
Just after I posted about the awesome power of federal courts to enjoin other cases, the Federal Circuit reminds us the power...
June 4, 2013
Just after I posted about the awesome power of federal courts to enjoin other cases, the Federal Circuit reminds us the power...
President Moves to Curb Patent Suits
June 4, 2013
President Obama issued five executive orders on Tuesday to tighten regulations at the Patent and Trademark Office and make...
June 4, 2013
President Obama issued five executive orders on Tuesday to tighten regulations at the Patent and Trademark Office and make...
Obama Tries to Curb Patent-Holding Firms
June 4, 2013
The White House on Tuesday announced a set of executive actions by President Barack Obama aimed at reining in certain patent-holding firms, known as "patent trolls" to their detractors, amid concerns that the companies are abusing the patent system and disrupting competition. Mr. Obama's actions, which include measures he wants Congress to consider, are intended to target firms that have forced technology companies, financial institutions and others into costly litigation to protect their products....
June 4, 2013
The White House on Tuesday announced a set of executive actions by President Barack Obama aimed at reining in certain patent-holding firms, known as "patent trolls" to their detractors, amid concerns that the companies are abusing the patent system and disrupting competition. Mr. Obama's actions, which include measures he wants Congress to consider, are intended to target firms that have forced technology companies, financial institutions and others into costly litigation to protect their products....
