There are a lot of great resources out there to assist transactional lawyers in planning dispute protocols and protecting the value of the deal. Why are there still so many clumsy (even pathological) contract clauses? Perhaps this article can be of some help....
Michael McIlwrath has posted an absorbing podcast that compares the expectations of lawyers and the demands of business clients. The difference between them is not just eye-opening -- it's jawdropping. Listen to the podcast -- it's 12 minutes -- and tell me: Is there any other industry where the customer and the...
This Article first appeared in New York Dispute Resolution Lawyer (2009). On May 21, 2008, the European Parliament enacted a Directive to encourage the use of mediation in civil and commercial matters, and to make uniform throughout the European Union the legal status of certain attributes of that practice. The Directive...
This article was first published in Contemporary Issues in International Arbitration and Mediation: The 2008 Fordham Papers (2009) The rise of China as a trade partner to the United States, and the legal and commercial ramifications of this phenomenon, have been widely observed and commented upon. This article relates some experiences...
This article appears in the April 2009 edition of the Mediation Newsletter of the International Bar Association. An entire day of the 2008 IBA Conference in Buenos Aires was devoted to the topic of the interrelationship among Corporate Governance, Corporate Social Responsibility and Human Rights. Organized by James E. Brumm, A....