After a long day of negotiations, the parties have finally agreed on a way to resolve the case and settle their dispute, however, there is still one more decision to make—whether to put that agreement in a stipulated judgment or a settlement agreement. On the surface, the two options look very similar. Both include the …
By Terri Lubaroff 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 …
By Mikita Weaver 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 …
What does the perfect arbitration agreement look like? If you are seeking one agreement that will be ideal across the board, there is no such thing. Of course, there are provisions that should be in your arbitration agreement. Before discussing how to draft the perfect arbitration agreement, we should consider some of the arbitration’s imperfections. …
When creating a contract, few people imagine that they will need to use the frustration of purpose to stop performing under the contract. However, no one can foresee how things will happen as the contract moves on, and events can render the contract useless to its purpose. Contracts are agreements between two or more parties …
When trying to bring a relative to the United States, they may face inadmissibility and need to consider a hardship waiver to rectify the issue. A hardship waiver allows a relative that would typically be inadmissible to enter the United States because of the extreme hardship that the relative will face if they remain abroad. …
What is the job of a judge, and how should he or she go about it? Is it only to interpret and apply the law, or is their role to “do justice”? The answers to these questions are important because the law affects many parts of our daily lives. Therefore, how it is applied is …
In the modern world, many people choose to communicate through text messages, which can be an easy way to keep in touch with friends in family. However, this form of communication may raise questions about whether it is legal to screenshot text messages and when these screenshots can be shared. There are differing laws between …
It is unlikely that one can make it through a discussion about international investment without considering the impact of bilateral investment treaties. Bilateral investment treaties, or BITs, offer a higher level of protection, and options for dispute resolution, than investments without such treaties. Yet a person investing in their own country without much, or any, …
As disputes arise and parties are beginning to consider some form of legal action or resolution process, the parties will likely be considering legal representation. There are a variety of factors that will go into a party’s decision on whether or not to hire a lawyer, and there are benefits and drawbacks to hiring a …