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Alternative Dispute Resolution As a Problem-Solving Device
The past decade has featured massive growth in lawsuits, including those involving real estate. Sometimes these lawsuits have been unavoidable, arising from insolvencies or foreclosures. Often, however, they have resulted from disagreements between property owners and tenants or contractors. The time and money spent on these disputes has caused a needless and crippling drain on the resources of the parties.
Practitioners have observed escalating disillusion of clients with litigation as the primary vehicle for dispute resolution. Sources of dissatisfaction have included, among other things, the length, complexity, expense and general rancor involved. This has been especially true during the recent dramatic and continuing downturn in the economy. Nor are such complaints new. More than 80 years ago, for example, Judge Learned Hand expressed similar views:
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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.