Ben Grunberger-Kirsh and Scott Stiegler | Vinson & Elkins As parties have adapted to the changes brought about by the pandemic, virtual evidentiary hearings have become more popular. We discuss what some say are disadvantages of virtual hearings and consider how these issues might be mitigated in practice. This article asks: what will the future… Continue reading In-Person and Virtual Evidentiary Hearings: Are Hybrid Hearings the Way Forward?
Month: September 2021
In Brief: Arbitration Agreements in USA
Matthew E. Draper | Draper & Draper Arbitration agreement Arbitrability Are there any types of disputes that are not arbitrable? There are very few restrictions on the types of disputes that can be arbitrated under federal law. Certain intrastate family, consumer and municipal matters may be considered non-arbitrable under state law. Requirements What formal and… Continue reading In Brief: Arbitration Agreements in USA
When is Forum Selection in a Construction Contract Enforceable?
Christopher G. Hill | Construction Law Musings If there is one mantra that is repeated often here at Construction Law Musings, it is that your construction contract will be strictly construed and Virginia Courts will enforce the provisions as written. This rule includes forum selection clauses. For those that aren’t attorneys, this means that absent a statute to… Continue reading When is Forum Selection in a Construction Contract Enforceable?
Remote Depositions in the Post-Covid-19 World
Islam m. Ahmad | Wilke Fleury Remote Depositions in the Post-COVID-19 World Despite the easing of COVID-19 restrictions in California, many of the changes imposed on the legal industry by the pandemic will likely remain in effect for the foreseeable future. One major change for litigators has been conducting depositions remotely. This change takes an… Continue reading Remote Depositions in the Post-Covid-19 World
The Reptile Theory in Practice
Nicholas P. Hurzeler | Lewis Brisbois The “Reptile Theory” is a trial strategy that attempts to use fear and anger to make the jury dislike the defendant so strongly they will award a plaintiff a grossly excessive amount of damages. The plaintiff’s attorney will seek to activate the jurors’ “survival mode” instincts by presenting the defendant’s conduct… Continue reading The Reptile Theory in Practice