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I often joke that I decided to be a mediator when I realized that scripture says, “blessed are the peacemakers” and not “blessed are the litigators.” The truth, however, is that I wanted to be a mediator since the day I...more
No two mediations are the same. Not only are the facts of each case different, but the litigants have different motivations, concerns and ways of presenting their thoughts and ideas. The goals and styles of presentation of...more
In this podcast, JAMS neutrals Hon. Lynn Duryee (Ret.) and Rebekah Ratliff, CCLS, discuss the concept and application of co-mediation, where two mediators work together to solve disputes. The neutrals, who are known as the...more
The latest US tariff actions have rattled North American trade, but businesses that understand the United States-Mexico-Canada Agreement (USMCA) have a significant advantage....more
After years of practicing law, I’ve learned one immutable truth: compromise isn’t just a strategy, it is what keeps deals and relationships alive. Every day, I watch business owners and leaders who think they can strong-arm...more
At the Oval Office signing ceremony on January 20, President Trump announced plans to impose 25% tariffs on imports from Mexico and Canada. The following day, President Trump extended this tariff threat to include additional...more
After sitting on hold for a phone call for over 30 minutes in a failed attempt to speak with a human being about a pressing matter and having been transferred three times and having hit numerous buttons and prompts, click … I...more
In a highly globalized world, commercial disputes are more likely to involve cross-cultural features. (“Cultural features” refers to aspects like language, expression, body language, value systems, governments, and...more
When it comes to negotiating the insurance and risk-shifting terms of any garden variety business contract, the oft-used but rarely understood—or vaguely understood— “waiver of subrogation” arguably takes the lead for...more
A new IP rights enforcement company has popped up on the Vondran Legalr IP infringement radar. Here is what I learned....more
Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of November 10-16. Here’s what’s...more
When presiding recently as mediator in a multi-party construction dispute, one of the contractor’s representatives asked me during a pre-mediation caucus to identify the one thing I needed from them for the mediation to...more
The Federal Maritime Commission ( FMC) issued its Final Rule on July 22, 2024, establishing its approach to determining what constitutes an unreasonable refusal to deal or negotiate cargo space and vessel space accommodations...more
After nearly a decade of historically low interest rates, many borrowers will now have to grapple with near-term maturities between 2025 and 2028 on approximately $4.9 trillion of corporate debt. While some borrowers may...more
What happens if OSHA issues a citation and you do not agree with any or all of it? You have 15 working days from the date you receive the citation to contest in writing the citation, proposed penalty, and/or the abatement...more
The Western District of Texas granted a motion to stay a patent infringement lawsuit pending inter partes review not only because doing so would simplify the issues in the still-early litigation and reduce the burden on the...more
On September 30, 2024, the International Longshoremen’s Association (ILA) labor agreement with U.S. East Coast and Gulf Coast port operators ends. With negotiations over the summer unsuccessful, the possibility of a strike...more
The majority of all 2023 EMEA restructurings involving an equitisation and/or a maturity extension required the provision of new money. While equitisation can solve for an over-leveraged capital structure, and maturity...more
The 2024 NextGen GC Summit, hosted by Law Ninjas, united 400+ of Australia’s legal professionals for an exceptional series of panels and discussions from a distinguished lineup. TransPerfect Legal’s Tom Balmer (Director,...more
When a business is sold, the most important overall aspect of negotiations between a cautious buyer and determined seller may be due to the agreed-upon purchase price for the business. However, when the buyer is purchasing...more
On August 15, 2024, CMS announced the results of the first round of the negotiated prices between CMS and participating drug manufacturers for the 10 selected drugs under the Inflation Reduction Act’s (IRA) Medicare Drug...more
This week marks the second anniversary of the enactment of the Inflation Reduction Act, a partisan law that ushered in sweeping Medicare price setting reforms. The Biden-Harris Administration is poised to announce the first...more
On July 26, 2024, OFCCP published Directive 2024-01: Expedited Conciliation Procedures (the “Directive”). The Directive is intended to “outline updated procedures for an expedited conciliation option, giving contractors and...more
A few weeks ago, The Economist published an excellent article that drew a contrast between the trade protectionism dominating U.S. politics and the more proactive trade agendas being pursued by other countries, such as the...more
This week, the Antitrust Division of the U.S. Department of Justice (DOJ) reached one of its largest “gun jumping” settlements following allegations that sporting and entertainment events company, Legends Hospitality,...more