THE DIGITAL FOOTPRINT AFTER DEATH: WHO WEARS THE SHOES?
Most trial lawyers and insurance company adjusters are "old pros" when it comes to mediating a personal injury case. But, if old dogs can learn something new, then re-thinking the mediation of personal injury cases may prove helpful. Let's assume the following fact pattern: A worker was injured in a fall while descendi...
THE ORAL ARGUMENT: AN ABSOLUTE MUST WHEN APPEALING A CASE
Most trial lawyers and insurance company adjusters are "old pros" when it comes to mediating a personal injury case. But, if old dogs can learn something new, then re-thinking the mediation of personal injury cases may prove helpful. Let's assume the following fact pattern: A worker was injured in a fall while descendi...
COURTHOUSE TO CONFERENCE ROOM: TRANSITIONING FROM THE BENCH TO PRIVATE MEDIATOR
Most trial lawyers and insurance company adjusters are "old pros" when it comes to mediating a personal injury case. But, if old dogs can learn something new, then re-thinking the mediation of personal injury cases may prove helpful. Let's assume the following fact pattern: A worker was injured in a fall while descendi...
EARLY MEDIATION YIELDS SUPERIOR RESULTS IN MANY CASES
Most trial lawyers and insurance company adjusters are "old pros" when it comes to mediating a personal injury case. But, if old dogs can learn something new, then re-thinking the mediation of personal injury cases may prove helpful. Let's assume the following fact pattern: A worker was injured in a fall while descendi...
PREPARATION FOR ORAL ARGUMENT OF YOUR APPEAL
Most trial lawyers and insurance company adjusters are "old pros" when it comes to mediating a personal injury case. But, if old dogs can learn something new, then re-thinking the mediation of personal injury cases may prove helpful. Let's assume the following fact pattern: A worker was injured in a fall while descendi...
PREPARING FOR A SUCCESSFUL MEDIATION – IT'S ELEMENTARY!
Most trial lawyers and insurance company adjusters are "old pros" when it comes to mediating a personal injury case. But, if old dogs can learn something new, then re-thinking the mediation of personal injury cases may prove helpful. Let's assume the following fact pattern: A worker was injured in a fall while descendi...
ADR AND WORKPLACE SEXUAL ABUSE
New York's historic preference for arbitration was recently upheld in a strongly-worded decision issued by Judge Anil Singh of the New York County Supreme Court. In Pupiales v. Building Management Company, et al., the Court issued an Order compelling arbitration under CPLR 7503 in a dispute between Plaintiff Pupiales and Def...
THE COMMERCIAL ARBITRATION: THE SINGLE ARBITRATOR VERSUS THE TRI-PANEL
Over the years, I have had the opportunity to preside over numerous commercial arbitrations of all types. I have done so as the sole arbitrator and also as a member of a tri-panel. The decision to use a single arbitrator versus a tri-panel is a critical one. The decision as to the use of a single arbitrator or a tri-panel...
SPONSOR VOTING RIGHTS AFTER RELINQUISHMENT OF CONTROL
For many years, the courts have discussed the issues which arise when a sponsor/holder of unsold shares (hereafter, "sponsor") in a cooperative apartment corporation seeks to vote its shares at elections for the board of directors after the statutory period of permitted sponsor control has expired. Justice Ellen J. Coin, rec...
MAKING THE MOST OF THE EVALUATION PROCESS AT A MEDIATION
During the course of the private breakout sessions with the parties, the mediator is able to engage in a more candid discussion with counsel with respect to their case and their belief as to its strengths/weaknesses, and how they will likely address the opposing party's case at the time of trial. It also gives the parties th...