Nancy Holtz | JAMS Not every mediation ends with a settlement at the close of the formal mediation session. But sometimes there is enough progress made to reach “substantial completion”: A lot of ground has been covered, the issues have been narrowed and the parties’ positions have moved closer. But they are not close enough… Continue reading Substantial Completion: Close, but the Case Hasn’t Settled
Tag: Advise & Consult
“Winning” the Mediation vs. Resolving the Dispute: How Mediators Can Prepare Counsel (and Clients) for Real Resolution
Christopher M. Ernst, Esq. | American Arbitration Association There is a certain kind of opening I still see at too many mediations. Counsel strides into the room with the unmistakable glint of Trial Day in their eyes, a binder thick enough to serve as a doorstop, and a speech ready to prove — beyond any… Continue reading “Winning” the Mediation vs. Resolving the Dispute: How Mediators Can Prepare Counsel (and Clients) for Real Resolution
Policyholders Should Negotiate To Limit AI Exclusions At Renewal
Lynda A. Bennett and Alexander B. Corson | Lowenstein Sandler As renewal season approaches, policyholders should be on the lookout for broad artificial intelligence exclusions across all lines of coverage. In the last year, news of insurance companies inserting increasingly expansive AI exclusions has spread. Risks associated with AI are becoming increasingly widespread and sophisticated.… Continue reading Policyholders Should Negotiate To Limit AI Exclusions At Renewal
Authorship and Data Disclosure Risks in Construction and Design
Evan Brown | Stoel Rives Contractors and design professionals are rapidly incorporating artificial intelligence (AI) technology into their work. We construction lawyers are striving to keep up with the breakneck pace of technological adoption and evolution and develop ways to protect against emerging risks. During this period of adoption and change, two risks are emerging,… Continue reading Authorship and Data Disclosure Risks in Construction and Design
4 Key Takeaways | Insights from Arbitrators and Advocates: The Pros and Cons of Alternative Delay and Damages Quantum
Gautam Y. Reddy | Kilpatrick Townsend & Stockton Kilpatrick’s Gautam Reddy joined a panel of fellow thought leaders at the 2025 Construction Super Conference to discuss “The Pros and Cons of Alternative Delay and Damages Quantum.” The panel discussed delay and disruption claims in construction disputes where each side is armed with experts providing competing opinions on delays and damages. They… Continue reading 4 Key Takeaways | Insights from Arbitrators and Advocates: The Pros and Cons of Alternative Delay and Damages Quantum