By Joe Tirado The global coronavirus pandemic has had an enormous impact on all aspects of our lives. Face-to-face meetings have all but disappeared. We have all had to adapt, and the legal profession has been no exception. This is true of both litigation and arbitration practice, although one important area that has been hit …
One of the most bitterly contested issues in arbitration law over the last twenty years is the legality of class action arbitration and waivers thereof. Professor Elizabeth Tippett calls it the $100 million dollar question for Uber, referring to that company’s high-stakes employee misclassification litigation under wage and hour laws. Of course, Uber isn’t the …
What are impasse solutions in negotiation? We negotiate our way through life. Every day, we enter into a series of agreements and exchanges to meet our needs. “Negotiation” is simply a communication process between people who are trying to meet their needs and goals regarding something and need their negotiating counterparts’ cooperation to do so. …
If a case is going to trial, it is important to consider pretrial and post-trial motions that could be made to further help the case. Motion practice can be an exciting or frustrating part of a trial for attorneys and parties, as they can help the case go their way or they can make the …
Whether or not to use boilerplate language in a contract is a question that is often considered in contract negotiation. However, it can be difficult to determine what the best boilerplate language is to include. There will also be situations where one of the parties is unaware of what boilerplate language is and how it …
In our international world, there may come a time when two parties need to create an international nondisclosure agreement or NDA. This scenario may arise for a variety of reasons, but when it does, the parties want to ensure that their information and understanding stays between them. When this is the case, the parties may …
By Angela Romero Valedón and Sarah Burris Clayton. Introduction As part of the American Arbitration Association®’s (AAA) continued efforts to keep arbitration efficient and cost-effective, it formalized what had been somewhat common practice by adding an optional “feature” to its case administration. The Streamlined Three-Arbitrator Panel Option, which AAA added as an option for Commercial …
For couples that are going through a divorce, one of the most challenging aspects of the process is agreeing on the custody arrangement for the kids. Often, custody determinations are based on the best interest of the children. A child custody case can often involve strong convictions and emotions, so the guidance and expertise of …
Sixty or seventy years ago, “I’ll see you in court” meant that it was likely we were taking our dispute before a judge or jury for trial. But as Professor Marc Galanter has repeatedly pointed out, the American trial has been vanishing for decades. The causes of the trial’s disappearance are multiple, but cost and …
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