Supreme Court Again Enforces Contract Arbitration Requirements

Many business owners and executives incorporate mediation and arbitration clauses into their contracts hoping to avoid lengthy, public, unpredictable, and costly lawsuits. Those decisions often make sense because disputes regarding complex and sophisticated commercial issues many times are resolved faster, more predictably, and more efficiently when an arbitrator or mediator with specialized knowledge in the pertinent field is involved. Additionally, resolving disputes through mediation and arbitration allows for procedural flexibility, including limited discovery, that is...
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Publicity Risk Associated With Lawsuits Continues To Increase

A recent article in the Denver Post (http://www.denverpost.com/ci_23295396/colorado-attorneys-bring-down-hammer-social-media-justice-youtube) brought to the forefront again the increased risk of adverse publicity that is associated with lawsuits in the age of the internet and social networking.  The article is a good reminder of how important it is for trial lawyers to pay attention to the possibility that documents and testimony provided during the course of lawsuits may be publicly used against clients, and to address that possibility before,...
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What Do You Mean The Contract Doesn’t Protect Me?

People doing good business generally think they can rely on contracts.  Thankfully, they usually can.  Unfortunately, what many in business don’t realize is that there are many times contracts are not enforced, or are not enforced in the way business people think they will be. Contractual obligations often are not enforced when, for example, the parties suffer from a mistaken belief at the time they enter into the contract, when performance is impracticable, or when...
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