Upcoming Toolbox Talks:
Round 'Em Up: Surveying Your Data for Productive Rule 26(f) Conferences
December 7, 2023 @ 12:00 pm ET
Program Description: Best practices for understanding the "what and where" of client data, and the cost to collect it, for a prepared, productive Rule 26(f) conference - Speakers: Stephen Swart, Williams Mullen and Julian Ackert of Discovery Solutions
Past Toolbox Talks:
5,280: A Measured Mile, Yes...But is the Scheduling Methodology that Straight Forward (October 26, 2023)
What is and what is NOT a measured mile. The discussion leaders will guide us on how to use the preferred scheduling methodology and ways to effectively counter incorrect applications
Speakers:
Andrew Vicknair, Darcy Vicknair, LLC
David Ponte, P.E., CFCC, Ankura Consulting Group, LLC
Arbitration Motion Practice: Is it worth it? (June 22, 2023)
Do motions actually assist in streamlining the process or are they more likely to be denied without prejudice pending testimony.
Speakers:
Adrian Bastianelli, III, Counsel, Peckar & Abramson, P.C.
Brian Cashmere, Partner, Williams Mullen
Jennifer Millender, Director of ADR Services, American Arbitration Association
Strategy in the Hot Tub (May 25, 2023)
Prospects, pitfalls, and best practices for the use of expert-witness conferencing in construction arbitration.
Speakers:
Michael R. Martin, Jr., CPA, CFE, CFF, Director, LitCon Group, LLC
Joe Rakow, Ph.D., P.E., Group VP and Principal Engineer, Exponent, Inc.
Moderator: Marcus Quintanilla, Global Dispute Resolution
Optimizing Dispute Resolution Clauses (April 26, 2023)
The discussion leaders will provide guidance on how to make such clauses clear, actionable, fit for purpose and pragmatic. How should the clauses be adjusted based upon contract size, scope, and risks? What to consider when there are multiple and/or related parties involved to avoid conflicting agreements? How to approach multiplayer companies, parent company inclusion? How to avoid conflicts such as having different applicable governing the contract vs the arbitration?
Speakers:
Sergio Andre Laciau, Partner at Mello Torres in Sao Paolo, Brazil
Liza Akins, Senior Assistant GC and Division Counsel at ARCO Design/Build
Moderator: Manuel del Valle, Vice President, Peritia Partners
Improving Arbitration: In-House Counsel's Perspective (March 23, 2023)
Interview with Leslie King O'Neal and Laura Abrahamson about their perspectives, as in-house counsel, of how outside counsel can do better in arbitration.
Speakers:
Laura Abrahamson, JAMS
Patricia Thompson, JAMS
Leslie King O'Neal, JAMS
Strategies to Defeat or Mitigate Attorney's Fee Prevailing Party Provisions (December 8, 2022)
What do you do when your construction client is facing an attorney's fee provision-statutory or by agreement? What tools and procedures can your client do to insulate this risk? If a prevailing party attorney's fee provision is present, how can you posture your case to prevail?
Speakers:
Catherine Delorey, Gordon Rees
Tom Dunn, Pierce Atwood LLP
Mark D. Johnson, Lanak & Hanna
Design-Build Standard of Care (October 27, 2022)
Is it different during the Proposal Phase? What are the duties and obligations of the Design Professional to the Design-Builder during the proposal phase? Is there a situation where the Design Professional should be held liable for faulty assumptions?
Speakers:
Joel Heard, Osler, Hoskin & Harcourt, LLP
Thanh Do, Ph.D., Thorton Tomasetti
Ethical Conduct for Advocates and Neutrals (Rules and Remedies for Mediation Misconduct) (September 22, 2022)
How do we know when zealous mediation practice by advocates or neutrals crosses the line into abusive or even illegal behavior, and what can the client, counsel or neutrals do when it does?
Speakers:
Deborah Ballati, JAMS
Patricia Thompson, JAMS
Desperate Measures: Using Prejudgment Remedies to Secure Payment and Gain Traction (June 23, 2022)
Liens and bonds provide security, what do you do when a lien or bond may not be available? We'll discuss strategies to use at the outset of a dispute when you really have to force the issue to collect.
Speakers:
Gregory Gillis, Sacks Tierney
Christopher Ng, Gibbs Giden
Sakib Khan, Khan Law PLLC
Your Mediator and Arbitrator are the Same Person: Is This Ever a Good Idea? (May 26, 2022)
Often mediators are asked to serve as the arbitrator in complex construction matters but is it really a good idea? The information provided in the mediation aspect of the case can't be unlearned so how do you switch roles? There is also the fairly new med/arb hybrid process and is that a good compromise, does it cause more problems and is there any type of uniformity in the process yet?
Speakers:
Neil Eiseman, Eisman ADR, LLC
Jen Millender, Director of ADR Services, American Arbitration Association
Not My Job: Litigating and Avoiding Delegated Design Disputes (March 14, 2022)
Joint Division 1 (Litigation & Dispute Resolution) and Division 3 (Design) 30 minute zoom meeting to learn about and discuss dispute resolution and avoidance strategies concerning claims arising out of delegated design and the hybridization of design and performance specifications. Does Spearin apply where there is design delegation? What if the performance requirements are commercially impractical and/or impossible to achieve?
Speakers:
Sakib Khan, Khan Law PLLC (Division 1)
Joelle Jefcoat, FAIA, Esq., Perkins & Will (Division 3 Chair)
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