“How To” On Drafting Dispute Resolution Agreements.

25 Sunday Dec 2016

Posted by Celia C. Elwell, RP in Contract Law, Dispute Resolution, Legal Writing, Settlement

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Dispute Resolution, John M. Newman, Legal Skills Prof Blog, Legal Writing, Louis J. Sirico Jr., Settlement Agreements, SSRN

Drafting for Dispute Resolution, by John M. Newman, SSRN (with hat tip to Louis J. Sirico, Jr., Director of Legal Writing, Villanova Univ. School of Law, Legal Skills Prof Blog)

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2867692

Not all cases end in litigation and go to trial. At times, the best service counsel can give to clients is an out-of-court resolution. Careful drafting of an agreement between the parties includes numerous considerations to protect your client and to assure acceptance by everyone involved. Definitely worth a bookmark. -CCE

This is a brief guide to drafting for dispute resolution. Topics covered include mandatory-arbitration provisions, class waivers, choice of law, choice of venue, exculpatory and liquidated-damages clauses, fee and cost allocations, and more. . . .

This guide seeks to concisely identify and explore, from a transactional perspective, the relevant questions, considerations, and law relating to these powerful tools. It also provides illustrative examples of well-drafted provisions, often drawn from real-world legal instruments. . . .

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Need To Negotiate and Settle A Case? There’s An App For That.

29 Wednesday Jul 2015

Posted by Celia C. Elwell, RP in Apps, Legal Technology, Litigation, Settlement

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Legal Productivity Blog, Litigation, Negotiation App, Picture It Settled, Settlement, Travis Francis

Legal Productivity: iPad App: Picture It Settled – Negotiation App for Lawyers, by Travis Francis, Legal Productivity Blog

http://tinyurl.com/p7qjtqt

Settlement negotiations are never fun. The back and forth and countless rounds of negotiations can cause the process to be drawn-out and downright exhausting.

To make negotiations a little easier, Don Philbin and a team of attorneys and statisticians created Picture It Settled. According to the apps website, ‘the intelligent software has learned negotiation strategy from deep data from negotiation patterns in several thousand litigated cases, ranging from fender benders to intellectual property disputes in locations from tiny counties, large cities and everything in between.’ . . .

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$17 Million – Likely Largest Ever Wrongful Workplace Death Settlement.

13 Thursday Feb 2014

Posted by Celia C. Elwell, RP in Damages, Employment Law, Evidence, Government, Litigation, Negligence, OSHA, Settlement, Wrongful Death

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Adam Nowak Sr., Crane Accident, EHS Today, Electrician, Grays Ferry, Josh Cable, Litigation, Negligence, OSHA, Pennsylvania County, Robert Mongeluzzi, Safety, Settlement, Steam Plant, Unforeseeable Act, Veolia Energy, Workplace Safety, Wrongful Death

Philadelphia Electrician’s Widow to Receive Record $17 Million in Wrongful-Death Settlement, by Josh Cable, EHS Today

http://tinyurl.com/mx9kqq5

The widow of an electrician who died in a crane accident at Veolia Energy’s Schuylkill steam plant in Grays Ferry, Pa., will receive $17 million, in what is believed to be the largest wrongful-workplace-death settlement in Philadelphia County history. . . .