THE DIGITAL FOOTPRINT AFTER DEATH: WHO WEARS THE SHOES?
Most trial lawyers and insurance company adjusters are "old pros" when it comes to mediating a personal injury case. But, if old dogs can learn something new, then re-thinking the mediation of personal injury cases may prove helpful. Let's assume the following fact pattern: A worker was injured in a fall while descendi...
THE ORAL ARGUMENT: AN ABSOLUTE MUST WHEN APPEALING A CASE
Most trial lawyers and insurance company adjusters are "old pros" when it comes to mediating a personal injury case. But, if old dogs can learn something new, then re-thinking the mediation of personal injury cases may prove helpful. Let's assume the following fact pattern: A worker was injured in a fall while descendi...
COURTHOUSE TO CONFERENCE ROOM: TRANSITIONING FROM THE BENCH TO PRIVATE MEDIATOR
Most trial lawyers and insurance company adjusters are "old pros" when it comes to mediating a personal injury case. But, if old dogs can learn something new, then re-thinking the mediation of personal injury cases may prove helpful. Let's assume the following fact pattern: A worker was injured in a fall while descendi...
EARLY MEDIATION YIELDS SUPERIOR RESULTS IN MANY CASES
Most trial lawyers and insurance company adjusters are "old pros" when it comes to mediating a personal injury case. But, if old dogs can learn something new, then re-thinking the mediation of personal injury cases may prove helpful. Let's assume the following fact pattern: A worker was injured in a fall while descendi...
PREPARATION FOR ORAL ARGUMENT OF YOUR APPEAL
Most trial lawyers and insurance company adjusters are "old pros" when it comes to mediating a personal injury case. But, if old dogs can learn something new, then re-thinking the mediation of personal injury cases may prove helpful. Let's assume the following fact pattern: A worker was injured in a fall while descendi...
PREPARING FOR A SUCCESSFUL MEDIATION – IT'S ELEMENTARY!
Most trial lawyers and insurance company adjusters are "old pros" when it comes to mediating a personal injury case. But, if old dogs can learn something new, then re-thinking the mediation of personal injury cases may prove helpful. Let's assume the following fact pattern: A worker was injured in a fall while descendi...
DRAFTING THE ARBITRATION PROVISION IN COMMERCIAL CONTRACTS, PART 1: BACK TO BASIC: IMPORTANT CONSIDERATIONS NOT TO BE OVERLOOKED
BACK TO BASIC: IMPORTANT CONSIDERATIONS NOT TO BE OVERLOOKED By: Hon. John P. DiBlasi, J.S.C. (Ret.) & Jacqueline I. Silvey, Esq., NAM General Counsel /wp-content/uploads/2016/09/diblasi.png John Wooden, one of the most successful coaches in basketball history, always focused his teams on the basics. The first lesson he ...
MORE CHANGES ARE COMING TO THE COMMERCIAL DIVISION
During the last month, John W. McConnell, Counsel, to Chief Administrative Judge Gail Prudenti, set forth five proposed changes to how the Commercial Division operates - both substantively and procedurally. Many of these changes were first floated to the public in the Report to Chief Judge Jonathan Lippman by his Task Force ...
WHAT'S NEW IN THE COMMERCIAL DIVISION
In 2012, Chief Judge Jonathan Lippman created the Task Force on Commercial Litigation in the 21st Century to provide practical proposals that would have a lasting impact on commercial litigation in New York. The Task Force had an interdisciplinary make up of practitioners, academics and current and retired judges of the Comm...
GETTING THE LANGUAGE OF ADR RIGHT IN EMPLOYMENT ARBITRATION PROVISIONS
Employers who use The Alternative Dispute Resolution process need to review and change their arbitration provisions regularly. Changes in statutes and case law provide a continuing challenge, as a recent ruling indicates. A decision by the Fifth Circuit Court of Appeals dealt with the validity of arbitration provisions of...