Arbitration vs. Litigation: What Is The Difference?

Choosing whether to pursue arbitration vs. litigation hinges on several factors that parties should carefully consider as they decide on how to resolve their dispute(s). Once a dispute reaches the point where it is clear that the parties cannot reach an agreement and need a third party to decide the dispute, it will likely end …

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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 …

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Alternative Fee Arrangements in Corporate ADR

Alternative Fee Arrangements in Corporate ADR

By Scott Van Soye “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 …

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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.

UNCITRAL Arbitration Rules

The UNCITRAL Arbitration Rules are a set of procedural rules that govern the process of arbitration and the international resolution of commercial disputes.  These rules may be used both in proceedings administered by UNCITRAL or by parties and arbitrators who have chosen to use them.  They provide a framework for the arbitration process and cover …

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What is a Trial by Declaration?

What is a Trial by Declaration?

Today was not starting well. A few minutes late for an early morning meeting, you drive a little faster than usual through a winding bit of road. Out of nowhere, a police motorcycle appears behind you and signaled to you to over.  Mystified, you comply. “Did you know you were speeding?” asks the officer, her …

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Personal Injury Case Checklist

Personal Injury Case Checklist

What is a personal injury case? A personal injury claim does not require physical injuries. Personal injury refers to a defendant’s failure to exercise care in a way that results in injury to another person or their property.  Have you been involved in an accident? Follow the personal injury checklists below. They will help you …

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Decreasing the Risk of Legal Malpractice Claims

Reduce Legal Malpractice Claims

By Mai Nguyen 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 …

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What Happens at Mediation for Auto Accident?

What Happens at Mediation for Auto Accident?

Those who are injured in auto accidents and are facing mediation may question what happens at mediation for auto accidents.  Auto accidents are difficult circumstances, and dealing with insurance companies to try and recover from injuries can add to the difficulty.  Negotiations with insurance companies can often come up short of an agreement because insurance …

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