Practice Points

Cost-Shifting Provisions May Not Make Agreement Unconscionable

By Leah Lewis – May 13, 2020 | Many factors can affect the assessment of unconscionability and such a defense needs to be evaluated on a case-by-case basis.

NLRB Returns to Arbitration-Friendly Standard

By John R. Graham – May 7, 2020 | The NLRB returned to its traditional standard for deciding whether to defer to an arbitrator’s prior resolution of a grievance concerning an employee’s discipline or discharge that has been alleged to violate the NLRA.

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Articles

How to Evaluate Rather than Whether to Evaluate

By Joan Stearns Johnsen – May 20, 2020 | Just as not all audiences equally receive all evaluations, not all evaluations are equal.

A Shared Goal: Efficient, Cost-Effective Commercial Arbitration

By Joan Stearns Johnsen – February 17, 2020 | Arbitrators possess a great deal of power that they can and should exercise to keep costs down and move the process forward expeditiously and fairly.

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Sound Advice Podcasts

Understanding the Role of Settlement Counsel

By Eric English, Frank Bedell, and Pat O'Malley – February 14, 2020 | In this Sound Advice, Eric English, Frank Bedell, and Pat O'Malley, settlement counsel will discuss the role of settlement counsel, how it works, and explore some of the mis-perceptions about settlement counsel. (11:30 min)

Selecting the Right Commercial Arbitrator

By Neal Eiseman – December 31, 2019 | The notion that you can select the person who will decide your client's fate in arbitration is powerful and not to be taken lightly. In this Sound Advice, Neal Eiseman gives tips on what to consider and how best to make that selection. (5:39 min)

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