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11 Jul 2013, 8:37 am by William Carleton
We both spent our afternoons fielding calls from journalists, but I have to single out this quote of Joe's that ran in Eric Markowitz's ban-lifting story on Inc.com: '"Start-ups are going to talk to a reporter about their fundraise, it will hit the media--they won't have filed their form in advance--and then, apparently, they will be ineligible for 506 for one year," Joe Wallin, a start-up lawyer in Seattle, pointed out this morning as he live-blogged the hearings. [read post]
17 Jan 2018, 8:00 am by Joe Markowitz
And once that happens, you have a basis for creating connections and breaking impasse.Read Article—By Joe Markowitz [read post]
8 Aug 2014, 8:00 am by Joe Markowitz
I understand that, but wonder whether what we really need to be teaching is how to put down the cell phone and the laptop and just listen carefully to what somebody else is saying without letting your own activities get in the way.Read Article—By Joe Markowitz [read post]
29 May 2014, 8:00 am by Joe Markowitz
(Thanks to Rande Sotomayor for bringing this issue to my attention.)Read Article—By Joe Markowitz [read post]
8 Aug 2014, 8:00 am by Joe Markowitz
 Read Article—By Joe Markowitz [read post]
12 Jan 2018, 8:00 am by Joe Markowitz
Whether we can or should do anything about those problems is still open to debate.Read Article—By Joe Markowitz [read post]
10 Jan 2018, 8:00 am by Joe Markowitz
And that, at its most satisfying level, is how mediation works.Article—By Joe Markowitz [read post]
10 Mar 2014, 8:00 am by Joe Markowitz
If we expect to take a dispute toward a negotiated resolution, we ought to spend more of our time and energy doing things that help parties reach that goal.Read Article—By Joe Markowitz  [read post]
22 Jan 2018, 9:00 am by Joe Markowitz
Instead it has devolved into a process often at direct odds with those original goals.But whenever we can manage to persuade people to talk to one another, we prove that the problem with joint sessions is that we are doing them wrong and we should try to do better.Read Article—By Joe Markowitz [read post]
19 Aug 2014, 8:00 am by Joe Markowitz
But the question whether to pursue litigation to enforce or defend against intellectual property claims, as opposed to some other strategy, is always worth careful consideration for every business on either side of the issue.Read Article—By Joe Markowitz [read post]
12 Aug 2014, 8:00 am by Joe Markowitz
Maybe there is hope that the dawning new age of robot lawyers will create some new opportunities for human lawyers as well.Read Article—By Joe Markowitz [read post]
16 Apr 2014, 8:00 am by Joe Markowitz
Better to try to bring about enough change in attitude between the reconciled parties that they will be able to manage the payment plan on an amicable basis.Read Article—By Joe Markowitz [read post]
18 Dec 2017, 8:00 am by Joe Markowitz
More on how to do that in subsequent posts.Read Article—By Joe Markowitz [read post]
29 Apr 2014, 8:00 am by Joe Markowitz
But if the mediation is focused on determining the scope of permissible discovery needed to prepare for a potential trial, then it might be biting off more than it should be chewing.Read Article—By Joe Markowitz [read post]
29 Jul 2014, 8:00 am by Joe Markowitz
 Read Article—By Joe Markowitz [read post]
9 Dec 2015, 9:32 pm by Joe Markowitz
Parties and their attorneys should therefore be mindful of the potential over-use of protective orders and settlement confidentiality provisions, which can create traps even for the parties in a particular case, and which may also harm the public interest.Article—By Joe Markowitz [read post]
18 Jun 2014, 8:00 am by Joe Markowitz
But private mediation, either within companies' workplace grievance procedures, or outside them, does have that capacity.Read Article—By Joe Markowitz [read post]
11 Jun 2014, 8:00 am by Joe Markowitz
My sense is that most participants in conflict are suffering enough when they walk into a mediation that they don't need that to happen right away.Read Article—By Joe Markowitz  [read post]
5 Aug 2014, 8:00 am by Joe Markowitz
If the parties can focus their effort on cleaning up the mess, maybe they will consider less destructive means of managing these conflicts.Read Article—By Joe Markowitz  [read post]
3 Jan 2018, 8:00 am by Joe Markowitz
That at least communicates receptivity to new information, and demonstrates a willingness to be flexible in your own position if circumstances justify it.Article—By Joe Markowitz [read post]