Articles & Publications

Federal Agencies Directed to Use Conflict Resolution to Resolve Environmental Issues

Posted November 2, 2012 by Daniel P. Dozier in Articles & Publications, Environmental Publications

Federal agencies have been directed yet again to use Alternative Dispute Resolution (ADR) techniques to resolve disputes. This time the Acting Director of the Office of Management and Budget and the Chair of the Council on Environmental Quality have directed relevant departments and agencies to "increase the appropriate and effective use of third-party assisted environmental collaboration as well as environmental conflict resolution to resolve problems and conflicts that arise in the context of environmental, public lands, or natural resources issues, including matters related to energy, transportation, and water and land management."

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California Confidentiality Statute Allows Clients to be Defrauded if Done During Mediation

Posted October 24, 2012 by Daniel P. Dozier in Alternative Dispute Resolution Publications, Articles & Publications

Does this heading get your attention? Because it is true, even if the statute allowing this was not designed to produce this outcome.

The strict California mediation confidentiality statute allows this outcome, according to the California Court of Appeals, the second such decision upholding the absolute ban on disclosure of any information if it originated in mediation.

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What Is Involved in Publishing?

Posted August 21, 2012 by in Articles & Publications

With any commercial enterprise, there are at least two sides of any question to be considered. In the case of negotiating a publishing agreement, depending on whether you are the creator of the work or the publisher, you will have different goals and therefore different needs to be addressed in the contract. Likewise, whether you are able to achieve some or all of your objectives will depend upon your relative bargaining strength.

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Patience and a Careful Eye Needed in Negotiating Your Commercial Lease: Some Rules to Live By

Posted August 21, 2012 by Barbara I. Berschler in Articles & Publications

While this article is mainly addressed to those who are planning to open an office at a new location, it also offers useful information to those who are about to exercise some option provided for in their lease, such as the option to renew or to take expansion space. Clearly, you will be in the best bargaining position during the initial negotiation stage. However, depending on the surrounding economic circumstances, you may also use your exercise of an option as an opportunity to "amend" some provisions in your lease.

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Limited Liability is a Valuable Asset. What Are You Doing to Protect It?

Posted August 21, 2012 by in Articles & Publications

When I ask a business person for reasons why he or she wants to operate as a corporation, I often hear, "Because I want to limit my personal liability." Clearly, a worthy objective. But what steps are you taking to preserve your individual limited liability? Is it enough simply to file incorporation papers and the various state and federal tax returns to protect your status? Or, are there other steps you should take to safeguard your limited liability?

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Facing Hard Economic Times

Posted August 21, 2012 by in Articles & Publications

The news this fall has been filled with reports of large, well-established companies facing difficult economic circumstances. In a number of highly publicized cases, the federal government (using our tax dollars) has ridden to the rescue. Such relief is unlikely to be granted to the rest of us. That being the case, it is important for you to evaluate how your business will face the economic slow down and what, if any precautionary steps you can take.

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