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Successful Mediation Tactics and Strategies
Whether mediation is voluntary or mandatory, and whether it's court-ordered or required by the franchise agreement, franchisors will sooner or later find themselves mediating a dispute with a disgruntled franchisee. A session at the International Franchise Association's 45th Annual Legal Symposium on May 20-22 in Washington, DC, addressed the key issues that franchise attorneys should consider prior to and during a mediation.
Perhaps the most important benefit of mediation is the degree of control afforded to the parties in the dispute, observed Gretchen Jankowski, shareholder with Buchanan Ingersoll & Rooney PC (Pittsburgh), who was the moderator for the panel discussion. In a mediation, both parties can avoid the uncertainty, the “black box” of a courtroom in which decisions are out of the parties' control. “Any time a court makes the final decision, whether after trial or motion practice, someone other than the client is the decision maker,” she said.
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.