Expert Opinion

Randy Evans and Shari Klevens, Dentons partners.

Protecting Against Unexpected Conflicts of Interest

By Randy Evans and Shari Klevens |

Some attorneys are ignorant of the risks that can be created outside the traditional attorney-client relationship.

Randy Evans and Shari Klevens, Dentons partners.

Avoiding Minefields of Risks as Replacement Counsel

By J. Randolph Evans and Shari L. Klevens, Dentons US |

"If the statute of limitation has expired in a plaintiff's personal injury case and there are no other options, new counsel may compound the error by attempting solutions that have no chance of success."

Making Critical Decisions in the Mediation Process

By Harry N. Mazadoorian |

As practitioners shift up to an expanded use of mediation and as increasingly sophisticated mediation nuances emerge, lawyers are faced with a wider range of decisions concerning how to proceed.

Eric Wiechmann

Suggestions for Effective Arbitration Advocacy, Part I

By ERIC WIECHMANN |

There is usually ample flexibility in working with the arbitrator in establishing an efficient process.

Harry Mazadoorian

Part II: Making Critical Decisions During Mediation

By HARRY N. MAZADOORIAN |

Early ex parte communications are permitted in mediation, and they can be extremely productive.

Eric Wiechmann

Tips on Arbitration Advocacy, Part II

By ERIC WIECHMANN |

One of the most important steps in ensuring an effective arbitration is to be fully prepared for the preliminary hearing that will be held by the arbitrators soon after they have been appointed.

Eric Wiechmann

Tips on Arbitration Advocacy, Part III

By Eric W. Wiechmann |

As arbitration is meant to be relatively expeditious and inexpensive, arbitrators are generally reluctant to encourage or allow the use of prehearing motions. There are times when such motions may aid the process and should be considered. Motions in aid of prehearing exchange of information are often wanted but parties should confer with each other before contacting the arbitrator to see if there would be agreement on a discovery issue.

Eric Wiechmann

Tips on Arbitration Advocacy, Part IV (Conclusion)

By Eric W. Wiechmann |

A quick way to lose credibility with the arbitrator is being too argumentative or trying to disparage opposing counsel or witnesses.

Randy Evans and Shari Klevens, Dentons partners.

Breaking Bad Work Habits and Creating Good Ones in the New Year

By J. Randolph Evans and Shari L. Klevens |

A new year brings with it the opportunity to review the preceding 12 months and improve upon them. It is the time for personal and professional housecleaning and resolutions.

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Puffery vs. Lying in Mediation

By Jay H. Sandak |

Both the common law and the Code of Professional Conduct frown upon lying in the context of the negotiation of a settlement of a dispute. However, not every "lie" is actionable. Some lies are OK. If the misstatement is mere "puffing" by the party or counsel, the law will look the other way.

Insurance Coverage for Cyber Risks

By Joseph J. Arcata III and Elizabeth O'Donnell |

Given the varying nature of cyber risks, any number of different policies may respond to provide coverage for a cyber-related claim in some way, shape or form. Oddly enough, this now includes the commercial general liability policy.

Climate Climate Change for the Insurance Industry

By Key Coleman |

The burning of fossil fuels produces CO2 and other so-called greenhouse gases (GHGs) that scientists have linked to global warming and other changes in the Earth's climate.