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Civil Litigation Legal Topics Litigation Strategy

Preventive Justice

76800459Hit song of the summer, “Blurred Lines” by Robin Thicke, is drumming up controversy as it’s claimed to infringe on a couple of Marvin Gaye songs. Not waiting to be sued, Thicke’s attorneys proactively filed a declaratory relief action. This is a great strategy to keep in mind: in some situations it’s best to seek preventive justice.

Categories
Employment Law Legal Topics Litigation Strategy Settlement Negotiation

Mediation May Be the Right Tool for Wage and Hour Suits

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The number of wage and hour suits is up again this year, and the recent increases appear here to stay. If your client’s efforts at compliance didn’t work and your client is facing a wage and hour suit, the best move may be to offer mediation.

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Business Law Civil Litigation Legal Topics

Educate Before You Litigate

lawsuit_87717735When representing a business itching to file a lawsuit, always remember that the client is engaged in a commercial business—not in the business of litigating. Start by educating your business clients on the possible consequences of litigation.

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Checklists Employment Law Legal Topics Litigation Strategy Settlement Negotiation

10 Steps to Successful Mediation

10steps_121366302In California, fewer than 5% of civil cases filed actually go to trial. Some actions are dismissed or terminated on motion, but most cases settle. Given this reality, you need to be ready for a successful mediation.

Categories
Civil Litigation Legal Topics Litigation Strategy Practice of Law Settlement Negotiation

When Settlement Negotiations Hit a Wall

bumper_91824048Settlement negotiations rarely proceed in a smooth forward motion; in fact, most feel more like a ride in a bumper car with a jerky stop and start motion. A good negotiator learns to move past the inevitable impasses.

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Civil Litigation Legal Topics Litigation Strategy New Lawyers Settlement Negotiation

It’s All in the Execution: 4 Keys to Executing a Settlement Agreement

After you’ve settled a case and prepared the final settlement papers memorializing the agreement, all that’s left for the parties to do is execute that agreement. You’re close to the finish line—don’t slack off yet!

Categories
Civil Litigation Legal Topics Litigation Strategy Settlement Negotiation

Don’t Forget Any Settlement Terms

Congratulations, you’ve reached a settlement! Now you need to set it out in the final settlement documents. You need to include all the terms on which the parties have agreed, as well as terms to make it enforceable. To help make sure you don’t miss anything, here’s a checklist of 14 common settlement terms.

Categories
Employment Law Legal Topics Tax Law

Is the Money You Got in Your Employment Case Taxable?

If you are skilled and fortunate enough to get a nice monetary recovery for your client in an employment case, you need to understand what part of that recovery is taxable. From your client’s perspective, this issue will be critical.

Categories
Litigation Strategy Practice of Law Settlement Negotiation

3 Problem-Solving Approaches to Negotiation

Negotiations rarely proceed as smoothly or swiftly as we first envision. This is partially because settling a case requires finding a result that satisfies both parties, yet litigators are trained to be zealous advocates for their clients and their clients alone. Instead of thinking how much you can get for your client relative to how much your counterpart can get for his or her own, try thinking in terms of how much more you could both get for your clients relative to litigating in court.

Categories
Civil Litigation Legal Topics Litigation Strategy Practice of Law

Effective Questioning

When we think of attorneys and questions, images of courtroom witness examinations and jailhouse interviews come to mind. But for most attorneys, questions are more often asked during pre-litigation investigation, discovery, and settlement negotiations — all situations in which the attorney needs to gather information. To get the answers you want and need, you have to ask the right questions.