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Mediation in the Equipment Finance Industry
Many of us have participated in mediation as a party or counsel. Perhaps it was a simple action against a lessee for default of a lease, a claim by a lessee that the leased equipment failed to perform, an action against a vendor or a claim that a lender failed to provide agreed-upon funds. Some have served as the mediator. I have filled all of these roles, serving countless times as counsel, as a mediator and, unfortunately, as a party. Others have heard of mediation, but have never participated. Still others have never heard of mediation, or confuse it with arbitration. This article discusses what mediation is, what happens at mediation, why mediate, what to look for in a mediator, and how mediation is an underused tool in the equipment leasing field.
What Is Mediation?
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.