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ADR and Other Options: Advising Your Clients
It never fails to amaze me. Educated professionals, usually of the legal variety, begin discussing the state of our civil justice system. A discussion of the adversarial system ensues. Debating what is wrong with it, or perhaps, (thanks to those 'half-full glass' types) ways in which it could be improved, is usually an animated segment of the discussion. Invariably, when I am in the room ' and I would guess most other times too ' the discussion turns to 'What else is there, what's better?'
The question of just what other options are available becomes most pertinent. Alternative dispute resolution (ADR) is mentioned, and generally there is at least a flicker of recognition, not always flattering, but often we do not have a clear idea or very much knowledge about what is available and how it works.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Protecting Innovation in the Cyber World from Patent Trolls
With trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.