7 Significant Steps to Prevent Employee Litigation

Prevent Employee Litigation

PROBLEMS, PROBLEMS EVERYWHERE…Anyone who has ever worked as corporate counsel knows it ain’t easy. Corporate counsel has to deal with lawsuits, human resources, risk management, internal politics, and an ever-changing landscape of compliance landmines.  To make matters worse, the higher-ups do what they want, when they want… and then they come to tell you about …

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Responding to the Types of Workplace Conflict

Detect Conflict at Work

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Mediation is a common and growing alternative to litigation in the business community and in the courts.  Users choose it for a variety of reasons: it’s confidential, non-binding, less time consuming than litigation, less costly, provides parties with greater control over their own destiny, and greater process satisfaction. Nearly half of survey respondents cited confidentiality …

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Alternative Fee Arrangements in Corporate ADR

Alternative Fee Arrangements in Corporate ADR

“Our General Counsel] is the only guy at IBM with an unlimited budget… and he always exceeds it.” “Of course, general counsel recognize that all businesses, including law firms, must make a profit but, given the pressures they currently face, getting “the most bang for the buck” is an imperative.” Which of the quotes above reflects …

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The Vanishing Trial?

The Vanishing Trial

Scholars and practitioners alike often seem up in arms about the “vanishing trial.”  Most seem worried that this decline in litigation will ultimately destroy justice.  Instead of achieving justice through a court system, conflicts are being resolved without the assistance of lawyers, judges, and–dare I say—lots of time, money, and resources!  Many blame ADR.  As …

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Decreasing the Risk of Legal Malpractice Claims

Reduce Legal Malpractice Claims

The American Bar Association (ABA) conducts extensive survey on legal malpractice claims every four years. The survey concludes that every practicing lawyer is potentially at risk for legal malpractice. It was once believed that solo practitioners were at the highest risk, however, research has found that lawyers at small, medium, and large law firms are …

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The Courtroom vs. The Boxing Ring

The Courtroom vs. The Boxing Ring

Two key points: First, to be successful, a boxer must first become desensitized to the effects of inflicting injury on others. Secondly, the boxer must accept personal risk with every fight. As a litigation attorney and a writer, the boxing world is full of parallels to my profession. Many key psychological aspects of boxing are very similar to that of litigation.

Mediation Confidentiality and its Jurisdictional Challenges

Mediation Confidentiality & Jurisdictional Challenges

Any lawyer who has taken a case to mediation knows – at least in some vague, general way – that settlement discussions occurring during the mediation enjoy some level of confidentiality protection. Mediators themselves, of course, may have some greater understanding of what is and is not confidential during the mediation process, but even a …

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