Sentences with phrase «than litigation where»

This is quite different than litigation where there may be a battle of the experts, which may impact your wallet and not provide the solutions you need.

Not exact matches

There are ways to work though our differences rather than resorting to litigation and lawyers, where the only true winners are the lawyers.

Mr. Howland was formerly a partner in the intellectual property practice at Jones Day, where he spent more than 15 years representing clients in patent and trade secret litigation in federal courts around the country and before the International Trade Commission on matters involving: ◾ Semiconductor manufacturing ◾ Analog and digital circuits ◾ Microprocessor, memory, and network architectures ◾ Wireless communications ◾ Software ◾ Payment systems, encryption, and network security

The deals we were on completed, litigation continued and where we needed help other firms were very helpful, suggesting we do deals at their offices rather than ours.

However, there are always instances where each spouse will need to talk to one another, especially if they share children or are planning on divorcing through mediation rather than litigation.

It is widely acknowledged that the interpretation of health and safety regulation has become confusing and can produce unnecessary bureaucracy around risk assessments, which may in turn lead to an unjustified but nevertheless very real fear of litigation — especially among small and medium - sized businesses, where actual risks may be lower than in other sectors.

I soon realised that where I studied was less important than the commercial approach towards litigation that I had developed, and that my clients respected my advocacy skills a lot more as a result of that.

That model, of course, may also reveal that the transactional solutions approach rather than mainstream strategic planning and litigation, is one that is geared to the largest firms only and to a corporate market for compliance, where customers may have greater internal technical skills and enormous price bargaining power.

So not only are you paying less than average (even before accounting for the higher rates in Toronto versus the rest of the province), but you also (a) have the flat - rate benefit of knowing in advance what fees you will be paying (as compared to an hourly rate agreement, where unexpected turns may cause the total cost to skyrocket above what was budgeted), and (b) have the advantage of an experienced lawyer who has dedicated his entire career to nothing but litigation, and was trained by some of the best in a large firm setting.

This will no doubt be a disappointing decision for defendants who had welcomed Master James» earlier decision, which sought to encourage the usage of mediation where it was available rather than incurring considerable costs of litigation for low value quality complaints claims.

This is an atmosphere where in - house attorneys report that they consider regulatory issues as their number one litigation threat.2 In order to effectively identify and mitigate risk, corporate legal departments work more closely with their compliance organizations than ever before.

Other than where life, liberty and the security of the person are involved, it is not obvious why the nearly absolute version of solicitor - client privilege is genuinely required as opposed to a lesser protection as applies, for example, to protect the adversarial process (litigation privilege) or settlement discussions (settlement privilege).

If anything, this is even more common in the area of administrative law, where the judge is likely to be a subject area specialist, than in ordinary civil litigation.

Denver, CO — January 25, 2017 — Catalyst has named Daniel Au Yeung, a veteran business leader with more than 20 years in the e-discovery and litigation support industry, to be head of product management, where he will oversee the planning, direction, definition, and communication of all software products.

Because the insurers» premium is significantly lower than the success fee charged by most litigation finance providers, the insurers can consider matters where the economics would not be viable for traditional litigation finance.

If you have any questions following this, feel free to contact our office where we would be more than happy to help and get you set up with the litigation lawyer that you need.

In most cases, as evidenced by this case, it will be difficult to prove any damages and, even in cases where recoverable damages have been incurred, after taking into account any savings, likely the costs of litigation will be much higher than those damages and not worth pursuing.

For example, if the judge used to represent a party in a case (other than in a criminal case, where they can be a former prosecutor who represented the state) or if the judge is has been in litigation against you or your lawyer, they are likely to recuse themself, especially if you file a motion to that effect.

Thus, landlords are reminded that where a demand has not been accepted by a tenant for some technical reason, it may well be worth revisiting the terms of the lease and, even if the landlord does not agree with the interpretation, on a basis that is stated to be without prejudice to the landlord's interpretation, it would be beneficial for a landlord to amend the procedure, rather than embark on costly litigation with no guarantee of success.

Before joining Eversheds Sutherland (US), Phil served as chief litigation counsel at the American Council of Life Insurers (ACLI), where he filed more than 350 briefs on significant issues affecting insurers» marketing life, annuity, disability, long - term care and health insurance products.

Before joining Discovery in 2011, Sims was a partner in the commercial litigation department at Arent Fox, LLP, in Washington, D.C., where she spent more than 10 years working on complex commercial litigation and intellectual property matters, including several engagements with Discovery.

The problems I encountered were: (1) obfuscation ensured lawyers were the only conduit into the system (the process is now easy to understand with all of the new services and interactive flowcharts); (2) most of my legal fees where for services that did not require a law degree; (3) the most expensive errors were legal errors and there was no reasonable recourse for recovery; (4) the court administration was unable to handle the volume; (5) simple but essential administrative tasks, like filing documents, required either half a day or $ 100 + for every single filing; (6) Security and privacy are completely ignored, unlike every other profession; (7) there is no incentive, nor is there a governing body to ensure the matter is handled in an ethical, humane, timely manner; (8) lawyers have a monopoly and charge more than the market can bear for personal litigation.

The impact of a state's litigation environment has always been and continues to be important, with more than two - thirds (70 %) reporting that it is likely to impact important business decisions at their companies, such as where to locate or do business.

The judge found that for the purpose of a claim to litigation privilege where criminal proceedings are said to have been contemplated, the party claiming privilege must have uncovered evidence of wrongdoing (so as to reasonably contemplate prosecution, rather than an investigation) before proceedings could be said to be in reasonable contemplation.

Perhaps nowhere is this problem more acute than in cross-border litigation where these companies must comply with the Federal Rules of Civil Procedure (FRCP) during discovery in spite of potential exposure to civil and criminal liability in foreign jurisdictions.

The corporate legal department had spent more than $ 20 million on external legal fees in the previous year, and he needed to know how much of that was spent specifically on litigation, where it was spent, and why.

First, take custody and access battles out of the family law litigation maelstrom by having a statutory automatic mandatory joint custody and access regime in all cases other than those where (a) the parties agree in writing otherwise, and (b) there is, on a high accusatory threshold, evidence that one parent is unfit.

I'm curious: does your data allow you go see whether there's been a significant increase in payment on litigation related e & o where the underlying action had less than a probable chance of success, but the insurer decided to settle because of the risk?

These were the decisions in the celebrated Sportelli litigation, probably the most important case on valuation and enfranchisement since 1967; another decision that establishes that a head lease can be a qualifying lease for flat lease extension purposes; a decision on the scope of the landlord's right to resist claims where the current lease has less than five years to run and the landlord needs possession in order to redevelop and yet another decision on the correct approach to be taken in determining whether a building is a house or not.

We rejected the idea of body count and instead embraced efficiency and disaggregation, focusing on those parts of litigation where added value and partnering with others who could do other tasks faster and cheaper than we could.

Both problems explain Congress's tendency, evident in features of the Fairness in Class Action Litigation Act, to take some arguably useful refinements of the class action law in the private market class action and reflexively extend them to public rights litigation, where those refinements may do more harm Litigation Act, to take some arguably useful refinements of the class action law in the private market class action and reflexively extend them to public rights litigation, where those refinements may do more harm litigation, where those refinements may do more harm than good.

It is for this reason that in nominally non-adversarial litigation such as child care proceedings and, increasingly, in personal injury litigation — where settlement rather than trial is now the norm — joint or agreed instructions are given to the expert.

The one area where there continues to be more volume though, is motor vehicle litigation with 20 - per - cent more active cases than five years earlier.

The point might well be made at this point that cases such as these demonstrate the wisdom of the Gibbons Report when it said that the need now is to get back to a position where the aim of procedures is actually to settle disputes, rather than being seen principally as the prelude to litigation.

For cases that go to voluntary mediation, upwards of 70 % to 80 % settle: ``... Even for mediations that are mandatory, where disputants are required to mediate as part of the litigation process, [eg: in Canada] more than 40 % of cases settle at mediation or within ten days of the mediation.»

In the family law world we have the recently reported case involving litigation between Leanne and David Principato where a Superior Court Justice bemoaned the fact that at an early stage of the litigation the two sides had incurred legal expenses in excess of $ 92,000 in spite of the fact that the two sides are of «very limited means,» have «limited incomes,» and their only «significant asset is the proceeds from the sale of the matrimonial home amounting to less than $ 100,000.»

During those times where there is an apparent impasse on an issue, rather than threaten litigation, collaborative professionals usually urge clients to take a moment of silence and contemplate creative solutions that address both parties» concerns.

The Commissioner has previously reported on how funding is being withdrawn from some of the more progressive negotiation - assisting measures.84 In effect, respondent funding is more litigation - focused, and even where it can be applied to negotiations, these are negotiations of a particular case rather than a regional or wider process.

Evidence shows that where children are consulted during the mediation process, there are a number of advantages, thus it can be argued that mediation is better for children than litigation.

believes that negotiation produces better outcomes than litigation and that land use and ownership issues should be resolved by negotiation where possible

Don't assume that power imbalances leave participants with no other choice than the prospect of (expensive) litigation where privacy, convenience, and flexibility become a thing of the past.

3) Mediation is less stressful than the adversarial litigation process where the divorce lawyers are driving the process — and the costs!

Unfortunately the adversarial nature of litigation, is a process that is long, drags out, is most often hurtful and all too frequently becomes a costly battle where all parties end up more wounded than when they began.

Article 17 is not to be construed as precluding a REALTOR ® from instituting litigation or causing a dispute to be brought before an alternative dispute - resolving forum other than the Board of REALTORS ® under those circumstances where submission of the dispute to the Board would be voluntary.