Publications

SPONSOR VOTING RIGHTS AFTER RELINQUISHMENT OF CONTROL

Posted on Feb 10, 2017

For many years, the courts have discussed the issues which arise when a sponsor/holder of unsold shares (hereafter, "sponsor") in a cooperative apartment corporation seeks to vote its shares at elections for the board of directors after the statutory period of permitted sponsor control has expired. Justice Ellen J. Coin, rec...

MAKING THE MOST OF THE EVALUATION PROCESS AT A MEDIATION

Posted on Feb 10, 2017

During the course of the private breakout sessions with the parties, the mediator is able to engage in a more candid discussion with counsel with respect to their case and their belief as to its strengths/weaknesses, and how they will likely address the opposing party's case at the time of trial. It also gives the parties th...

WHY ADR IN THE BALKANS MATTERS

Posted on Feb 10, 2017

I have been privileged, on two separate occasions, to be retained as a legal consultant for a program sponsored by the United States Agency for International Development (USAID). The program was designed to assist local authorities in strengthening the legal system in the Republic of Macedonia. In that capacity, I provided i...

PREPARATION, PREPARATION, PREPARATION – INVESTING IN THE MEDIATION

Posted on Feb 10, 2017

Many attorneys are familiar with the old adage, "Cases which get prepared for trial settle and cases which are prepared for settlement get tried." On this spectrum, Mediations should be viewed as much more akin to a trial with "preparation, preparation, preparation" being the mantra chanted. Mediations provide that moment in...

MEDIATOR SETTLEMENT RECOMMENDATIONS – BE CAREFUL WHAT YOU ASK FOR!

Posted on Feb 10, 2017

During the course of negotiations, it is very common for one or more of the parties to ask a Mediator, "So, what do you think the case is worth?" This Mediator has a consistent response to that often-heard inquiry, "The case is worth what it settles for." Although that response may, at first, seem a bit glib, the inquiring p...

EXCHANGING THE MEDIATION BRIEF: IS IT IN YOUR BEST INTEREST?

Posted on Feb 10, 2017

The submission of a well-crafted brief prior to the mediation is an excellent opportunity to give the mediator a real preview of your position in advance. It can be used to educate, persuade, and create a roadmap for settlement negotiations. It is to your benefit to submit same as it will save time at the mediation and creat...

MORE CHANGES ARE COMING TO THE COMMERCIAL DIVISION

Posted on Feb 10, 2017

During the last month, John W. McConnell, Counsel, to Chief Administrative Judge Gail Prudenti, set forth five proposed changes to how the Commercial Division operates - both substantively and procedurally. Many of these changes were first floated to the public in the Report to Chief Judge Jonathan Lippman by his Task Force ...