Please join us for the upcoming Santa Clara County Bar Association Zoom seminar on Tips and Tactics in Deposing and Defending Business Representatives on May 19, 2020 from 12-2 pm. As Co-Chair of the SCCBA Real Property and Business Law Section, I will moderate the program which will feature three top Silicon Valley trial lawyers: Sarju Naran of Hoge Fenton, Vince Parrett of Bergeson, and Elizabeth Pipkin of McManis Faulkner. The panel has considerable experience…

By using Zoom online videoconferencing for mediation or arbitration sessions, ADR providers can allay any concerns you may have related to traveling or meeting in person , in light of the coronavirus (COVID-19) outbreak. We hope this article finds you well, and in good health. At ADR Services, Inc., it is our goal to meet the needs of our clients and truly serve as a Partner in Resolution. With this in mind, if you or…

Please join us for the national webcast of “Effective Mediation and Settlement of Commercial Real Estate Disputes” on September 19, 2019 from 12-2 p.m. PST,  co-sponsored by the California Lawyers Association and the Santa Clara County Bar Association. You may register at the following link: https://buff.ly/30uy3o9 It will also be presented live at the SCCBA Seminar & Conference Center in San Jose, CA, and will be available On Demand thereafter. I am serving as the…

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…