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Litigation

Are You Certain That Your Lawyer Is Not Impaired?

Mark Baer | Posted 04.16.2014 | Divorce
Mark Baer

I have written a number of articles about the negative impact that certain "types" of attorneys have made on our "system of justice." The first articl...

Does the Nonprofit CEO Need to Go??

Eugene Fram | Posted 03.24.2014 | Business
Eugene Fram

Volunteer directors are loathe to be confrontational when a CEO has been marginally satisfactory for a number of years, preferring to avoid the "drama" that inevitably accompanies the "changing of the guard."

Garcia v. Google: Hard Cases Make Bad Law

Schuyler M. Moore | Posted 03.05.2014 | Entertainment
Schuyler M. Moore

The truth, for good or ill, is that judges rule with their hearts, and then they add a bunch of words to rationalize what they have done. The problem is that those bunch of words are often senseless and more often come back to cause contortions in later decisions.

Howard's Daily: Rethinking the Goals of Litigation

Philip K. Howard | Posted 03.04.2014 | Politics
Philip K. Howard

Legal scholars tend to look at the internal logic of law. Why not let claimants lay off some of the risk of litigation on outside investors? After all, especially in complex cases, it may facilitate someone's ability to pursue the claim.

How Facebook Can Get You Terminated and Keep You Terminated

Don McNay | Posted 02.26.2014 | Business
Don McNay

If your employer can prove that you spend 63 percent of your time on social media, it doesn't make any difference how productive you are during the other 37 percent of the day. Judges, juries and arbitrators are going to look unfavorably on your cause.

Howard's Daily: The Evil in Investing in Litigation

Philip K. Howard | Posted 02.21.2014 | Politics
Philip K. Howard

The direct costs of sue-for-anything justice are only the tiny tip of a far larger cost--a pervasive fear of litigation has replaced a sense of freedom and spontaneity in social dealings. A tidal wave of defensiveness has washed over American culture.

An Essay on Divorce Corp., The Movie

Diana Mercer | Posted 03.24.2014 | Divorce
Diana Mercer

I finally saw Divorce Corp. Finally. After much banter on Facebook, a barrage of emails, a New York Times article, and the Huffington Post's own Paul Raeburn's review of the film, I finally saw what all the fuss is about.

The Judicial-Industrial Complex

David Bergstein | Posted 02.25.2014 | Los Angeles
David Bergstein

An increasingly alarming number of frivolous cases are being filed, both as class action suits and individual claims. Many proceed for years, sometimes for more than a decade. Even if a claim is defeated, the costs involved in defending a claim are exorbitant.

Things to Consider Before Litigating

Mark Baer | Posted 01.25.2014 | Crime
Mark Baer

As you can see, decisions rendered in court are not based on all of the evidence -- just all of the legally admissible evidence

Family Law Litigation: The Gift That Keeps On Giving!

Mark Baer | Posted 01.23.2014 | Divorce
Mark Baer

Everyone in the family law trenches knows that such overreactions are far from uncommon as a result of the exacerbation of conflict and increased distrust resulting from a litigated divorce.

Aggressive Lawyering Is Counter-Productive

Mark Baer | Posted 01.23.2014 | Divorce
Mark Baer

If clients stopped requesting and otherwise seeking out destructive lawyers who are making a tremendous amount of money doing nothing but wreaking havoc and destroying families among other things, the supply of such lawyers would decrease.

Important Distinctions Between Litigation and Mediation

Mark Baer | Posted 01.23.2014 | Divorce
Mark Baer

Throughout the conference, the panelists kept reiterating that what occurs in court is state specific, "locale specific," and jurist specific. In other words, results vary from judge to judge based upon the judge's biases, beliefs, assumptions and values. I think this should really scare anyone and everyone.

Parties' Positions and the Mediation Process

Mark Baer | Posted 01.23.2014 | Divorce
Mark Baer

Evaluating the "strengths and weaknesses of the parties' positions" is often more perception than reality.

New Proposal to Slay Patent Trolls Would Be a Boon to the Digital Economy

Zachary Graves | Posted 10.07.2013 | Technology
Zachary Graves

Following a slew of other bills introduced this year to address America's broken patent system, House Judiciary Committee Chairman Bob Goodlatte released a second draft of a proposal to extend and amend the America Invents Act of 2011.

Schemers and Dreamers

Schuyler M. Moore | Posted 09.05.2013 | Entertainment
Schuyler M. Moore

More than one film has had to have the plug pulled in mid-production because someone made the sorry mistake of relying on the words "trust me."

What Does Las Vegas Have in Common With Attorneys?

Ben Hanuka | Posted 10.30.2013 | Business
Ben Hanuka

When cases to go court, they become a gamble. A crapshoot. If you have been involved in a civil court case that went to trial, you know it. People who should win, lose. And people who should lose, win.

Lawyers Fail to Give Clients All Options Available for Resolving Conflict

Mark Baer | Posted 10.26.2013 | Divorce
Mark Baer

As I like to remind people, you can only give what you have and teach what you know. If the legal community won't embrace ADR, maybe an educated public can force the issue.

No Surprises: BP Tries to Back Out of Their Responsibilities in the Gulf

Brian Young | Posted 10.12.2013 | Business
Brian Young

Two years after the spill, BP entered a comprehensive, multibillion-dollar settlement to compensate those affected by the disaster. In an unprecedented move, BP is now objecting to its own settlement.

Divorce and the Grieving Process

Mark Baer | Posted 09.07.2013 | Divorce
Mark Baer

Conflict is reduced by appropriately addressing the grief and loss from the very beginning. Doesn't it therefore make sense that lawyers involved in the field of family law should have a better understanding of grief and loss?

How to Attract Litigation

Schuyler M. Moore | Posted 08.29.2013 | Comedy
Schuyler M. Moore

For the virgins out there who would like to get a taste of litigation (or sado-masochists, who just can't get enough), here are some simple rules to k...

Courts and (Neo)Vouchers: When (if Ever) Should We Be Surprised?

Kevin Welner | Posted 08.26.2013 | Politics
Kevin Welner

Lawyers who designed the neovoucher approach were doing what lawyers are hired to do: to find a work-around that will allow their clients to follow a desired path notwithstanding a law intended to block that path.

When (Neo)Voucher Advocates Lose

Kevin Welner | Posted 08.21.2013 | Politics
Kevin Welner

The court applied the no-aid clause to find that a voucher system cannot fund private schools, whether set up with direct funding or through a tax credit scheme.

Is the Adversary Model Appropriate or Suitable for Family Law Matters?

Mark Baer | Posted 08.09.2013 | Divorce
Mark Baer

Divorce doesn't impact children, especially if they are adults, does it? When families are "ripped apart by divorce," it has no consequences, right? ...

How To Deal With A Divorce You Didn't Want

Alison Heller | Posted 08.04.2013 | Divorce
Alison Heller

Even in the most amicable divorce proceedings, people expect disagreement, but what happens when the parties disagree on the very basic issue of whether to get divorced?

What's in a Name?

Malcolm Kushner | Posted 08.03.2013 | Weird News
Malcolm Kushner

A rose by any other name might smell as sweet, but would it sell as well? That's a fundamental question which consumes countless hours and dollars as ...