What is Business Litigation?

business litigation

Business litigation is the process of presenting issues with business and corporate entities to the courts and arguing on behalf of business entities in court.  There are a variety of topics that may be the subject of business litigation, and many business litigation lawyers are experts in one of these areas.  These business litigation disputes …

Read more

What is the Meaning of Impasse in Dispute Resolution?

impasse meaning

The word impasse has a particular meaning when it applies to alternative dispute resolution.  The Collins English Dictionary defines the impasse noun by describing a situation, particularly, “If people are in a difficult position in which it is impossible to make any progress, you can refer to the situation as an impasse.”  While the meaning …

Read more

Average Settlement Offers During Mediation – Best Tips for 2023

Average settlement offers during mediation

Average settlement offers during mediation are an important consideration when a party is considering using mediation to settle a lawsuit. Combining this knowledge with other tips and tricks for settling a lawsuit through mediation can ensure that a party is prepared to tackle a mediation during a civil lawsuit and achieve the best possible outcome. …

Read more

Valid Reasons to Get Out of a Subpoena

Valid reasons to get out of a subpoena

Finding a Way Out of a Subpoena? After receiving a subpoena, the first thing many people wonder is what valid reasons they could use to get out of a subpoena.  Being served with a subpoena can be an intimidating process if someone has not encountered it before, and not following the directions correctly can result …

Read more

What is Commercial Impracticability?

Implied Contracts

Commercial impracticability may be a term that is most commonly discussed in law school classrooms and cases revolving around a contract claim.  The term is not discussed frequently outside of the people that deal with it daily, but it can be an important term to know when faced with a contract that has been influenced …

Read more

Disadvantages of Arbitration

Arbitration is often touted as a fantastic alternative to litigation, and many times it is. However, there are disadvantages to arbitration that can make it the wrong choice for a dispute for various reasons. Understanding how arbitration may not fit a situation or case can help parties make the best decision regarding the dispute resolution …

Read more

Winning in California Mandatory Attorney-Client Fee Arbitration

According to a study by Steele and Nimmer, the top two concerns that clients have about their attorneys are that fees are too high, and that performance is delayed.  Perhaps because of this, the California Legislature passed laws in 1978 requiring that the State Bar establish a fee arbitration program. It may also establish a …

Read more

Class Action Waivers Explained

Class Action Waivers

With the rise of arbitration as a way to resolve many consumer and employment disputes in somewhat recent history, it has become more common for companies to begin including class action waivers in their consumer and employment contracts. For example, the Microsoft Advertising Agreement includes a section labeled “Arbitration Agreement and Class Action Waiver.” This …

Read more