Ethics|United States

New Apps! New Tech! New Ethics?

Ethics|United States

New Apps! New Tech! New Ethics?

An attorney keeps her client files on the hard drive of her laptop.  These files include confidential and sensitive client information, and attorney-client communications.  Leaving a dentist appointment, she discovers that her car's windows have been smashed and that the property inside the car -- including her GPS and her laptop -- have been...

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Conflict Resolution|Courts|Mediation

Challenging Mediated Settlement Agreements: Pt. 2

Conflict Resolution|Courts|Mediation

Challenging Mediated Settlement Agreements: Pt. 2

This post continues a discussion of some recent court opinions concerning the enforceability of settlement agreements reached during mediation, but subsequently disowned by one of the parties. In Williamson v. Boehringer-Ingelheim Pharmaceuticals (N.J. App. Div. A-6291-10T1, March 12, 2012), plaintiff sought damages from her employer for alleged violations of the New...

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Mediation

Challenging Mediated Settlement Agreements: Pt. 1

Mediation

Challenging Mediated Settlement Agreements: Pt. 1

It is uncomfortable for all concerned when a party to a mediation disowns the "settlement" purported to have been reached and challenges the enforceability of the writing made at the mediation session.  A previous post discussed a New Jersey case in which the mediator offered testimony as to whether there...

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