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The pandemic has led to the demise of live meetings and the explosion of virtual ones. At the same time, messaging apps that allow for "ephemeral" communications – those that automatically disappear from the recipient's screen after the message has been viewed – have also increased, even be used in business settings.
With emerging and growing technologies come new headaches and lots of questions, particularly in anticipation of potential litigation. What records of the data connected to virtual meetings and ephemeral communications need to be preserved? Are Snapchat exchanges and Zoom chats discoverable? Just what are public and private entities responsible for, and what needs to be included in information governance policies? This webcast will explore the use of virtual meetings and ephemeral messaging apps, consider the legal risks in doing so, and the obligation to maintain recordings for potential future use.
Arbitration plays a significant role in resolving international commercial disputes, offering a well-established and important alternative to resolving these disputes in national courts. However, issues relating to arbitration agreements, arbitral proceedings, and arbitral awards are increasingly being brought to the courts – and in an ever-widening range of scenarios, including issues related to the professional conduct of counsel and arbitrators.
Just recently, The American Law Institute completed and approved the Restatement of the U.S. Law of International Commercial and Investor-State Arbitration, a 19-year project in the making and the first of its kind. The Restatement identifies the role of the national courts over the life cycle of an arbitration proceeding, as well as the specific principles governing U.S. court involvement in investor-state arbitration.
Importantly, the Restatement also addresses the real-world ethics issues of international arbitration, including arbitrator immunity, counsel conduct and arbitrator authority to disqualify, arbitrator procedural power and attorney-client privilege, and ethics and public policy. These issues have not previously been well understood or articulated, but are essential for lawyers engaged in international commercial arbitration, or commercial arbitration generally, to understand.
Exploring a full range of cutting-edge issues and drawing professionals from across the country, this annual conference is always “the place to be” for all eminent domain and land use practitioners looking to learn from recognized and experienced professionals representing the diverse stakeholders in these cases. As is tradition, we will have our National Forum (this year combined with a litigation update) – an opportunity to hear brief stories of interesting cases and clients – so that others may benefit from those successes, failures, novel approaches, and lessons learned.
With trials on hold in many courts across the country, mediation is becoming a more attractive option for parties tired of waiting for resolution of their dispute. The cost savings that can be realized and variety of online platforms available, combined with individuals becoming increasingly more comfortable with utilizing these platforms, is making remote mediations a more viable option than ever.
Before you dip your toe in the water – or try to convince your client to do so – it is important to be able to recognize when mediation may (or may not) be the way to go. Our expert faculty – a career mediator and a practitioner with deep experience in participating in mediations – will provide dual perspectives on the critical issues you should consider before committing to, or engaging in, mediation.
One of the hottest topics at the board meetings of the largest corporations and at the dinner table of mom and pop business owners is how to re-open and operate during a pandemic without the threat of being sued by customers, vendors, or employees for COVID-19 exposure. Federal, state, and local legislation is being created and changed on the fly, leaving business owners and operators with more questions than answers.
This webcast will provide suggested practical steps a company can take to avoid COVID-related liability, with a focus on the viability of waivers and the contexts in which they can and cannot be used with customers, vendors, employees, and others.
In just one hour, the faculty will discuss:
• WARN Act
• OSHA, including section 11(c) protections
• Retaliation for refusing to return to work
• Wage and hour issues, especially relating to safety protocols
• Layoffs, furloughs, and returning employees to the office (including possible discrimination claims)
• Workers compensation, the rebuttable presumption, and exclusivity
In today’s complex litigation, experts often are an essential part of litigation strategy. An effective, well-prepared expert witness who offers knowledge favorable to your case can bring once reluctant parties to the settlement table or sway decision makers at trial.
The U.S. Constitution provides that private property may not be taken for public use without just compensation. When a government regulation substantially reduces or eliminates the value of property, a regulatory taking claim may be present. To successfully litigate one of these cases, it is essential to have a firm understanding of the different tests courts may apply to determine if a taking has occurred, how to compute fair compensation, and what evidence must be presented to support or defend both.
If you are or may be involved in a regulatory taking case, set aside one hour to learn strategies from government and landowner attorneys, and benefit from the differing perspectives on litigating these types of claims from both sides of the aisle.
Session 13: Working the Evidence: Regulatory Takings Strategies From Both Sides of The Aisle
Session 14: Responding to Project Changes: Valuing a Taking When Government Action is Ongoing
Session 15: Going Where No Court Has Gone Before: The Tension Between the Courts and Appraisal Methodology
Session 16: Regulatory Takings Update
Session 17: America's Housing Crisis and Property Rights
Session 18: National Forum: Issues Facing Practitioners Around the Nation