In our last issue of International Quarterly, we discussed a recent TCC decision concerning the extent of an expert’s duties to their client. In January 2021, the Court of Appeal released its judgment on the appeal of that case. While the outcome of the decision was consistent with the TCC, there were several differences in …
Category Archives: News1
Litigation funding: a financial solution to the pandemic – Lexology
Third-party funding is not new; however, it is about to enter a period of unprecedented global growth – notably in Spain and Latin America. The measures implemented by governments in response to COVID-19, coupled with the rapid economic downturn and ongoing uncertainty arising from the pandemic, have created the perfect storm. The outlook may seem …
Continue reading “Litigation funding: a financial solution to the pandemic – Lexology”
A Dozen Questions To Answer Before Negotiating a Protective Order in Civil Litigation | Litigation D…
Phillip M. Aurentz (left) and Aimee P. Fagan (right), partners with Sidley Austin (Courtesy photos) Little creates as much havoc in civil litigation as an ill-conceived or misunderstood protective order. Yet many parties rush through the process of negotiating and preparing a protective order, often delegating the task to young associates with little experience in …
Three of the Biggest Issues that Arise in Divorce Mediation
Since we have been working together as divorce mediators for almost 14 years, my partner Brian James and I have started to see divorce mediation themes which arise and enable us to advise our clients on best practices and ways to deal with certain issues and roadblocks in the mediation process. Here are three …
Continue reading “Three of the Biggest Issues that Arise in Divorce Mediation”
Effective Mediation Techniques For Complex Cases – Part Two – Litigation, Mediation & Arbitratio…
Part Two of my series on Effective Mediation Techniques for Complex Cases focuses on the timeline and mechanics of such mediations and includes an analysis of in-person vs. Zoom or other virtual platforms for mediations. Timeline for Effective Mediations in Complex Cases I begin with the assumption that the parties in any complex case wish …
Planned litigation no excuse for 'stealing' confidential information – Out-Law.com
Employees who leave and take confidential information with them sometimes use the excuse that they needed for the purposes of litigation – litigation they are planning to bring against you, such as a whistleblowing claim. Is that a good reason for taking your most valuable assets? Is there anything you can do to protect the …
Litigation leads to hardening fiduciary liability market – Business Insurance
“); //googletag.cmd.push(function () { googletag.display(‘rectangle-1’); }); // $(“#dvContent > p:eq(5)”).after(“”); //googletag.cmd.push(function () { googletag.display(‘rectangle-2’); }); $(“#dvContent”).after(“”); //googletag.cmd.push(function () { googletag.display(‘rectangle-3’); }); } else if (($(“#dvContent > p”).length / 3 >= 4 && $(“#dvContent > p”).length / 3 p:eq(3)”).after(“”); //googletag.cmd.push(function () { googletag.display(‘rectangle-1’); }); //$(“#dvContent > p:eq(7)”).after(“”); //googletag.cmd.push(function () { googletag.display(‘rectangle-2’); }); $(“#dvContent”).after(“”); //googletag.cmd.push(function () { …
Continue reading “Litigation leads to hardening fiduciary liability market – Business Insurance”
An Alternative to Litigation – Mediation and the Impact of Non-Verbal Communication – Mediate.com
An Alternative to Litigation – Mediation and the Impact of Non-Verbal Communication An Alternative to Litigation – Mediation and the Impact of Non-Verbal Communication Notably there are those who espouse the point of view that when litigants are not able to access the justice system in a timely manner, they have in effect …
A Look Ahead: Consumer Litigation in a Post-Pandemic World – Lexology
How has COVID-19 impacted this field? How are you helping clients respond to COVID-19-related issues? As usual, the plaintiff’s bar has been opportunistic and made the most of the situation. There have been a large number of filings related to contractual cancellations and delays that resulted from COVID-19, as well as refund and rebate class …
Continue reading “A Look Ahead: Consumer Litigation in a Post-Pandemic World – Lexology”
Dividing Retirement Benefits in a Divorce
One of the most often asked questions about equitable distribution of marital assets is how a retirement asset is divided between spouses. The answer depends largely on the type of retirement account being divided and what rules are associated with the retirement account. All retirement accounts are not alike. The first question that must be …
Continue reading “Dividing Retirement Benefits in a Divorce”