So then, how should
defense counsel approach mediations that involve subjective injuries in a way that balances zealous advocacy on behalf of the insurer with a way that furthers the objective of mediation?
Not exact matches
As
defense counsel is well aware, however, such
approaches are entirely lawful and proper, and the Court should issue a curative instruction to correct the misimpressions that may have arisen from
defense counsel's questioning.
After an aside in which she wondered why anyone would even want her job of federal judge, the court further scolded
defense counsel on their
approach to the matter, adding
Shigley believes that any changes in the law should apply equally, both to PI attorneys and also to
defense counsel who
approach victims immediately after an accident.
His candid
approach in all of the fields in which he mediates has earned him the respect of both plaintiffs and
defense counsel alike.
Neil brings a practical
approach to dispute resolution and
counseling, representing clients in a broad range of industries on key areas of litigation risk, including breaches of contract, business torts, intellectual property disputes, securities litigation, and class action
defense.
Especially for litigators working on the
defense side, the traditional
approach has been one of wait and see, delay, and only take action when opposing
counsel pushes hard.
But a recent Ninth Circuit opinion illustrates the potential danger to plaintiffs in this
approach — and a potential opportunity for
defense counsel to raise or renew the jurisdictional issue after the class certification stage.
The panel discussed and evaluated current practical considerations in asserting and defending cybersquatting claims, trademark considerations in light of Uniform Domain Name Dispute Resolution Policy («UDRP») decisions, litigation concerns under the Anti-Cybersquatting Consumer Protection Act («ACPA») 1999 amendment to the Lanham Act, and related enforcement and
defense approaches, as well as
counseling strategies for assisting clients that are operating and staking claims online., Moderator, Trademarks, Domain Names & Cybersquatting, NY State Bar Association, IP Section Trademark Committee, 2016