News and Insights

Don’t Get on the Train Unless You Know Where It’s Headed

Let’s suppose that you have received a claim or demand letter. Perhaps even worse, suppose you’ve been served with a summons and complaint. On the other hand, suppose that you have a claim against someone that you have not been … Continue reading

The Crucial Prologue: Telling Your Story in the Pre-Mediation Statement

Co-authored with colleague Adam J. Halper, I am pleased to share this article written for New York Dispute Resolution Lawyer. Click here to read the full article. Originally printed: NYSBA New York Dispute Resolution Lawyer | Fall 2018 | Vol. … Continue reading

The Importance of Simplicity (Part 2)

In my previous article, I began discussing the importance of simplicity, in the service of clarity, in the presentation of facts and arguments. I asked the questions: –Why do we so often load up our papers and testimony with unnecessary … Continue reading

The Importance of Simplicity (Part 1)

The facts underlying many disputes can be very simple. Others may be more complicated. In either case, when preparing a pleading, motion papers, or testimony for a court proceeding, the goal for the attorney and the client should be to … Continue reading

Where You Would Least Expect to See Your Emails & Texts: In Court!

As most of us have become very adept at using email, text, and social media, our lives have sped up. It has become possible for us to instantly connect with one another, feasible to complete transactions with a swipe or … Continue reading

Why Attend Mediation?

  “Should I attend a mediation? What is my role?” The answer to the first question is simple. Parties in most instances must attend a mediation. Court rules and mediation providers often require it, and it is certainly a best … Continue reading

It’s Not Over Until…the First Juror’s Sworn? (Part 2)

{3:00 to read} In my previous article, I discussed whether a mediation, which did not result in a settlement after the initial sessions, has ended. In this continuation, I will explore what can happen after the parties have arrived at … Continue reading

It’s Not Over Until…the First Juror’s Sworn? (Part 1)

{3:00 to read} We know when a mediation begins. The better, and often more challenging questions are: when has it ended and was it successful? If at the end of one or more agreed-upon sessions the parties settle all of … Continue reading

Can I Recover my Attorney’s Fees if I Win? Part 2

{3:30 to read} In my previous article, I discussed the law concerning the awarding of attorney’s fees to prevailing parties in litigation, some of the practical effects of allowing or not allowing an award of attorney’s fees, and the application of … Continue reading

Can I Recover My Attorney’s Fees if I Win? Part 1

{4:00 minutes to read} When served with a lawsuit that one thinks has no merit, or when forced to start one to protect one’s rights or recover property that is due them, one of the first questions that is asked … Continue reading