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Technology companies have choices to make at various phases of the mediation process for patent and trade secret cases. Part 2 of the article focuses on: making the most of pre-hearing conferences and oral presentations at the mediation; making a strategic opening offer; planning settlement moves, avoiding or breaking impasse and closing the deal; planning ahead for the settlement agreement and monetary payments; and planning ahead for potential licensing terms, business relationships and equitable remedies. Make…
  Technology companies have choices to make at various phases of the mediation process for patent and trade secret cases. Patent and trade secret litigation remain important tools to protect the intangible assets of technology companies. They are among the most costly matters to litigate, and there is a significant financial incentive for parties to consider mediation and settlement as early as possible. Mediation is also increasingly required by local court rules or contracts between parties.…
A very high percentage of employment claims are resolved through mediation. This article addresses best practices in planning, strategy and advocacy in the mediation process. Part 2 of this article discusses the middle and end stages of mediation- from first offers through planning settlement moves in the negotiation process, through closing the gaps between the parties, breaking impasse, reaching an agreement and documenting it. Set the stage with your opening offer. Given your case valuation,…
Recently, courts across the country have seen an increase in employment law claims. Given its strict Labor Code and discrimination laws, this trend has been especially prevalent in California. A very high percentage of these employment claims are resolved through the mediation process. Skilled advocates addressing these types of issues can work with their clients to utilize the following best practices in planning, strategy and mediation advocacy in that process. Part 1 of this article…
Please join us for the national webcast of “Effective Mediation of Technology Litigation” involving trade secret misappropriation and patent infringement on December 12, 2018 from 12-2 p.m. PST. You may register at the following link: https://buff.ly/2JMvI0b  It will also be presented live at the Santa Clara County Bar Association Seminar & Conference Center in San Jose, CA, and will be available On Demand thereafter. I am serving as the Program Chair and Moderator of this…
Welcome! ADR & Conflict Management Strategies at https://www.adrconflictstrategies.com will  offer ideas on alternative dispute resolution best practices in planning, strategy and advocacy in the full spectrum of conflict resolution methods, from early conflict resolution before litigation or arbitration has begun, early dispute resolution in the litigation process, mediation, and arbitration. Please visit the blog  and sign up to receive blog posts via e-mail. The target audience for this blog includes plaintiff and defense attorneys and inside…