Many cases are litigated outside of the court system through the use of alternative dispute resolution methods such as arbitration, and the vast majority of cases settle before they reach trial, either as a result of the parties’ efforts or with the help of a mediator. This webinar covers the basics of arbitration and mediation, presenting an effective case to a neutral third party, and negotiating and documenting a successful settlement, either directly or with a mediator’s assistance.
Part of the webinar series: NEWBIE LITIGATOR SCHOOL- 101 PART II 2022
See more at https://www.financialpoise.com/webinars/
ADR & Settlement (Series: Newbie Litigator School 101 - Part 1)Financial Poise
Many cases are litigated outside of the court system through the use of alternative dispute resolution methods such as arbitration, and the vast majority of cases settle before they reach trial, either as a result of the parties’ efforts or with the help of a mediator. This webinar covers the basics of arbitration and mediation, presenting an effective case to a neutral third party, and negotiating and documenting a successful settlement, either directly or with a mediator’s assistance.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/adr-settlement-2021/
ALTERNATIVE DISPUTE RESOLUTION 2022_ Handling the ArbitrationFinancial Poise
The final episode will go through presenting your case and claims to the arbitrator or panel, including how to handle discovery demands and discovery disputes. When to decide if you really should make a motion and what motions are viable or make sense. Whether objections during the hearing are appropriate, various methods of testimony and the use of expert witnesses. How to prepare pre-trial statements, exhibit lists and witnesses for the arbitration. We will also cover the post-arbitration submissions and awards.
Part of the webinar series: ALTERNATE DISPUTE RESOLUTION - 101 2022
See more at https://www.financialpoise.com/webinars/
In this session we will review the mediation process itself. We will discuss the pros and cons of starting in joint session and/or caucus, including opening remarks by counsel and/or parties. We will discuss when to consider asking for a private caucus, or even an attorneys-only session. Understanding how to best arm/assist the mediator to facilitate the process. Ensuring your client is prepared for the session both from understanding the process to having the right information or people available to answer questions or guide the same. Why creativity can be a key element of the process. Tips on working through impasse. Recognizing the benefits of mediation even if you don’t resolve the matter at that time and positioning the matter for settlement in the future.
Part of the webinar series:
ALTERNATIVE DISPUTE RESOLUTION - 101 2022
See more at https://www.financialpoise.com/webinars/
This episode will cover the arbitration process beginning with how to prepare and file claims, and review thoughts on picking an arbitrator (or arbitrators). From there we will cover preparing for the preliminary conference with the arbitrator. Understanding the Order that will flow from the preliminary conference and knowing what to ask for or have considered. We will review some thoughts on discovery requests and motion practice as well as types of awards as well as a few other miscellaneous matters that may be covered during the preliminary conference.
Part of the webinar series: ALTERNATIVE DISPUTE RESOLUTION - 101 2022
See more at https://www.financialpoise.com/webinars/
TROs and Preliminary Injunctions (Series: Newbie Litigator School 101 - Part 1)Financial Poise
Sometimes—often at the beginning of a case—you need the court to take immediate action to protect your client’s interests or to maintain the status quo while the litigation progresses. This webinar discusses procedures and strategies for obtaining temporary restraining orders and preliminary injunctions. The topics discussed include the procedural and substantive requirements for obtaining TROs and preliminary injunctions, some best practices for how to succeed on motions seeking TROs and preliminary injunctions, and how to challenge and defeat those motions.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/tros-and-preliminary-injunctions-2021/
ADR & Settlement (Series: Newbie Litigator School 101 - Part 1)Financial Poise
Many cases are litigated outside of the court system through the use of alternative dispute resolution methods such as arbitration, and the vast majority of cases settle before they reach trial, either as a result of the parties’ efforts or with the help of a mediator. This webinar covers the basics of arbitration and mediation, presenting an effective case to a neutral third party, and negotiating and documenting a successful settlement, either directly or with a mediator’s assistance.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/adr-settlement-2021/
ALTERNATIVE DISPUTE RESOLUTION 2022_ Handling the ArbitrationFinancial Poise
The final episode will go through presenting your case and claims to the arbitrator or panel, including how to handle discovery demands and discovery disputes. When to decide if you really should make a motion and what motions are viable or make sense. Whether objections during the hearing are appropriate, various methods of testimony and the use of expert witnesses. How to prepare pre-trial statements, exhibit lists and witnesses for the arbitration. We will also cover the post-arbitration submissions and awards.
Part of the webinar series: ALTERNATE DISPUTE RESOLUTION - 101 2022
See more at https://www.financialpoise.com/webinars/
In this session we will review the mediation process itself. We will discuss the pros and cons of starting in joint session and/or caucus, including opening remarks by counsel and/or parties. We will discuss when to consider asking for a private caucus, or even an attorneys-only session. Understanding how to best arm/assist the mediator to facilitate the process. Ensuring your client is prepared for the session both from understanding the process to having the right information or people available to answer questions or guide the same. Why creativity can be a key element of the process. Tips on working through impasse. Recognizing the benefits of mediation even if you don’t resolve the matter at that time and positioning the matter for settlement in the future.
Part of the webinar series:
ALTERNATIVE DISPUTE RESOLUTION - 101 2022
See more at https://www.financialpoise.com/webinars/
This episode will cover the arbitration process beginning with how to prepare and file claims, and review thoughts on picking an arbitrator (or arbitrators). From there we will cover preparing for the preliminary conference with the arbitrator. Understanding the Order that will flow from the preliminary conference and knowing what to ask for or have considered. We will review some thoughts on discovery requests and motion practice as well as types of awards as well as a few other miscellaneous matters that may be covered during the preliminary conference.
Part of the webinar series: ALTERNATIVE DISPUTE RESOLUTION - 101 2022
See more at https://www.financialpoise.com/webinars/
TROs and Preliminary Injunctions (Series: Newbie Litigator School 101 - Part 1)Financial Poise
Sometimes—often at the beginning of a case—you need the court to take immediate action to protect your client’s interests or to maintain the status quo while the litigation progresses. This webinar discusses procedures and strategies for obtaining temporary restraining orders and preliminary injunctions. The topics discussed include the procedural and substantive requirements for obtaining TROs and preliminary injunctions, some best practices for how to succeed on motions seeking TROs and preliminary injunctions, and how to challenge and defeat those motions.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/tros-and-preliminary-injunctions-2021/
In response to rising court costs, delays and congestion, the need to facilitate access to justice and to provide more 'effective' forms of dispute resolution, the phenomenon known as ADR was born.
This presentation provides an overview of Alternative Dispute Resolution (ADR) and different ADR mechanisms used all over the world.
You have a business interest, an asset, or a potential liability that you need to value. When do you need a valuation expert? While some negotiations or transactions may require an independent third party for appraisals, nearly all litigation on these topics will require an expert. How do you evaluate the credentials of an expert? What type of experience will you need your expert to possess? The process of selecting the appropriate expert starts with identifying the issues in dispute. This webinar explores the key factors you should consider in choosing your valuation expert.
Part of the webinar series: Valuation 2022
See more at https://www.financialpoise.com/webinars/
Learn how to effectively communicate to your business' leaders about the difference between arbitration and litigation, including associated benefits and risks.
When business owners come to the point where they simply can’t see eye to eye, success can become unfeasible. Disputes between business owners can arise from any number of issues and have varying impacts on the actual business, ranging from simple distraction to total dissolution. Depending on the business and circumstance, the means for resolution may or may not be provided for in the relevant by-laws or shareholder agreement. In this webinar, the expert panel discusses different types of shareholder disputes and corresponding remedies, including alternative dispute resolution, buy-sell agreement provisions, and share valuation considerations.
Part of the webinar series: Complex Financial Litigation 2021
See more at https://www.financialpoise.com/webinars/
Selecting the Right Valuation Expert (Series: Valuation)Financial Poise
You have a business interest, an asset, or a potential liability that you need to value. When do you need a valuation expert? While some negotiations or transactions may require an independent third party for appraisals, nearly all litigation on these topics will require an expert. How do you evaluate the credentials of an expert? What type of experience will you need your expert to possess? The process of selecting the appropriate expert starts with identifying the issues in dispute. This webinar explores the key factors you should consider in choosing your valuation expert.
To view the accompanying webinar, go to:https://www.financialpoise.com/financial-poise-webinars/selecting-the-right-valuation-expert-2021/
When business owners come to the point where they simply can’t see eye to eye, success can become unfeasible. Disputes between business owners can arise from any number of issues and have varying impacts on the actual business, ranging from simple distraction to total dissolution. Depending on the business and circumstance, the means for resolution may or may not be provided for in the relevant by-laws or shareholder agreement. In this webinar, the expert panel discusses different types of shareholder disputes and corresponding remedies, including alternative dispute resolution, buy-sell agreement provisions, and share valuation considerations.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/resolving-shareholder-disputes-2020/
IP-301 POST-GRANT REVIEW TRIALS 2022 - Things to Consider Before You FileFinancial Poise
This segment will delve into considerations that come into play when filing or responding to post-grant review proceedings. These considerations include issues of real party in interest, timing, and substantive arguments.
Part of the webinar series: IP-301 POST-GRANT REVIEW TRIALS 2022
See more at https://www.financialpoise.com/webinars/
This segment will discuss the statutory and procedural background of post-grant review proceedings. It will discuss the types of proceedings available and provide a high-level discussion of how the proceedings are conducted.
Part of the webinar series:
IP-301 POST-GRANT REVIEW TRIALS 2022
See more at https://www.financialpoise.com/webinars/
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In response to rising court costs, delays and congestion, the need to facilitate access to justice and to provide more 'effective' forms of dispute resolution, the phenomenon known as ADR was born.
This presentation provides an overview of Alternative Dispute Resolution (ADR) and different ADR mechanisms used all over the world.
You have a business interest, an asset, or a potential liability that you need to value. When do you need a valuation expert? While some negotiations or transactions may require an independent third party for appraisals, nearly all litigation on these topics will require an expert. How do you evaluate the credentials of an expert? What type of experience will you need your expert to possess? The process of selecting the appropriate expert starts with identifying the issues in dispute. This webinar explores the key factors you should consider in choosing your valuation expert.
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See more at https://www.financialpoise.com/webinars/
Learn how to effectively communicate to your business' leaders about the difference between arbitration and litigation, including associated benefits and risks.
When business owners come to the point where they simply can’t see eye to eye, success can become unfeasible. Disputes between business owners can arise from any number of issues and have varying impacts on the actual business, ranging from simple distraction to total dissolution. Depending on the business and circumstance, the means for resolution may or may not be provided for in the relevant by-laws or shareholder agreement. In this webinar, the expert panel discusses different types of shareholder disputes and corresponding remedies, including alternative dispute resolution, buy-sell agreement provisions, and share valuation considerations.
Part of the webinar series: Complex Financial Litigation 2021
See more at https://www.financialpoise.com/webinars/
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You have a business interest, an asset, or a potential liability that you need to value. When do you need a valuation expert? While some negotiations or transactions may require an independent third party for appraisals, nearly all litigation on these topics will require an expert. How do you evaluate the credentials of an expert? What type of experience will you need your expert to possess? The process of selecting the appropriate expert starts with identifying the issues in dispute. This webinar explores the key factors you should consider in choosing your valuation expert.
To view the accompanying webinar, go to:https://www.financialpoise.com/financial-poise-webinars/selecting-the-right-valuation-expert-2021/
When business owners come to the point where they simply can’t see eye to eye, success can become unfeasible. Disputes between business owners can arise from any number of issues and have varying impacts on the actual business, ranging from simple distraction to total dissolution. Depending on the business and circumstance, the means for resolution may or may not be provided for in the relevant by-laws or shareholder agreement. In this webinar, the expert panel discusses different types of shareholder disputes and corresponding remedies, including alternative dispute resolution, buy-sell agreement provisions, and share valuation considerations.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/resolving-shareholder-disputes-2020/
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This segment will delve into considerations that come into play when filing or responding to post-grant review proceedings. These considerations include issues of real party in interest, timing, and substantive arguments.
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See more at https://www.financialpoise.com/webinars/
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THE NUTS & BOLTS OF BANKRUPTCY LAW 2022: The Nuts & Bolts of a First Day HearingFinancial Poise
Even when a bankruptcy petition is the result of a soft-landing rather than a freefall, filing a chapter 11 petition is a disruptive event. To facilitate the debtor’s entry into chapter 11 with as little disruption as possible, first day motions are filed to ensure that a debtor-in-possession can minimize interruptions and continue operating its business in order to achieve its goals in chapter 11. This webinar provides an overview of the administrative and operational first day motions typically filed by chapter 11 debtors and the process for requesting a first day hearing, providing notice of the hearing, and ensuring that the hearing runs smoothly.
Part of the webinar series: THE NUTS & BOLTS OF BANKRUPTCY LAW 2022
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Sometimes it begins when a client, tenant, or customer starts to slow-pay, with the result that your accounts receivable start to accrue gradually. Other times the issue presents itself more suddenly. Either way, you find your company owed a great deal of money that looks like it may not be collected because your client/tenant/customer has filed bankruptcy, has commenced an assignment for the benefit of creditors, has been put into receivership, or is otherwise just plain insolvent. What do you do? What should you not do? The topics discussed in this webinar include the pros and cons of putting a counterparty into involuntary bankruptcy; when and how you may be able to pursue third parties (like guarantors, directors, or officers) for the amount owed; risks related to preference attack; pros and cons of sitting on a “creditors’ committee” in a Chapter 11; how to negotiate for “critical vendor” protection in Chapter 11; and practical guidance for continuing to provide goods or services to an insolvent counterparty.
Part of the webinar series: RESTRUCTURING, INSOLVENCY & TROUBLED COMPANIES 2022
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We’ve all long heard about writing practices to avoid, including run-on sentences, excessive passive voice, and nominalization. This webinar not only discusses how those habits can damage briefs, but also explores a key habit brief-writers should embrace: using strong, precise verbs, which are the engine of a persuasive sentence. Panelists also exchange views about finding the most persuasive voice and tone, as well as the right temperature for rhetoric.
Part of the webinar series: PERSUASIVE BRIEF WRITING 2022
See more at https://www.financialpoise.com/webinars/
CYBER SECURITY and DATA PRIVACY 2022: Data Breach Response - Before and After...Financial Poise
You’ve received the dreaded call that your company has just suffered a data breach – what do you do next? Who do you call for help? What notification obligations do you have?
With proper preparation, you can mitigate the damage caused by this unfortunate event and put your business in a position to recover. Your company may have already implemented its information security program and identified the responsible parties, including applicable outside experts, to be contacted in the event of a breach. However, now you must call up your incident response team to investigate the extent of the breach, evaluate the possible damage to your company, and determine whether you must notify your clients, customers, or the public of the breach. This webinar will help prepare you to take action when the worst happens.
Part of the webinar series:
CYBER SECURITY and DATA PRIVACY 2022
See more at https://www.financialpoise.com/webinars/
CYBER SECURITY and DATA PRIVACY 2022_How to Build and Implement your Company'...Financial Poise
Data is one of your business’s most valuable assets and requires protection like any other asset. How can you protect your data from unauthorized access or inadvertent disclosure?
An information security program is designed to protect the confidentiality, integrity, and availability of your company’s data and information technology assets. Federal, state, or international law may also require your business to have an information security program in place.
This webinar will provide the basics of how to create and implement an information security program, beginning with identifying your incident response team, putting applicable insurance policies into place, and closing any gaps in the security of your data.
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CYBERSECURITY & DATA PRIVACY 2022
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NEWBIE LITIGATOR SCHOOL - 101 Part 3 2022 - Enforcement: Post-Judgment Procee...Financial Poise
Obtaining a final and enforceable judgment is often just the first phase of the civil litigation process; without effective enforcement and collection, a judgment is merely a piece of paper (or electronic docket entry). This webinar provides an overview of the technical, procedural and strategic considerations necessary to monetize judgments and make litigation worthwhile.
Part of the webinar series: NEWBIE LITIGATOR SCHOOL - 101 Part 3 2022
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NEWBIE LITIGATOR SCHOOL - 101 Part 3 2022 -Appellate Practice- 101 Financial Poise
When is an appeal permitted and when should you take one? What rules and procedures govern appellate practice and how can you best avoid technical and procedural mistakes. How are appellate briefs different from those filed with the trial court and what are some keys to making them successful? And how can you best prepare for appellate oral argument? This webinar explores these questions and more with a panel of experienced appellate litigators.
Part of the webinar series: NEWBIE LITIGATOR SCHOOL - 101 Part 3 2022
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MARKETING TIPS FOR THE NEW (OR OLD!) BUSINESS OWNER 2022: Learn How to Do Con...Financial Poise
There's creating content; then there's creating great content; and then there's creating great content that actually gets seen by the ideal audience. Each of those layers has its own unique challenges. In this webinar episode, we share insights from a variety of highly experienced content creators. Each panelist member provides their own unique spin on how to create great content that gets seen by the intended audience. By the completion of this episode, the audience member will have a clear and actionable plan on how to create outstanding content that meets their unique marketing needs.
Part of the webinar series: MARKETING TIPS FOR THE NEW (OR OLD!) BUSINESS OWNER 2022
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Part of the webinar series: CHAPTER 11 - INDUSTRY FOCUS 2022
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A Startup is the Founders’ baby - they dream it, created it and worked tirelessly to make it successful. Deciding it may be time to sell all or part is the easy part - acknowledging and addressing the financial and emotional issues can be challenging.
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Part of the webinar series: BUSINESS LAW REVIEW- 2022
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BUSINESS LAW REVIEW- 2022: Immigration Law for Business-101Financial Poise
A basic understanding of immigration law is critical to a vast array of businesses operating in today’s economy. Foreign employees and their sponsoring companies will navigate a complex maze in the attempt to achieve the desired goals of the employee maximizing their ability to provide services and value to the company. One of various determining factors as to which pathway to attempt is whether the goal is an immigrant visa (also known as a “green card”) which may ultimately allow lawful permanent residence in the United States or a non-immigrant visa. The need for foreign labor affects various industries and applies to large segments of skilled, unskilled and semi-skilled workers in jobs ranging from farm to seasonal to high-tech. This webinar explains what businesses need to know in the current environment as well as how political and globalization issues will affect immigration laws going forward.
Part of the webinar series:
BUSINESS LAW REVIEW- 2022
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NEWBIE LITIGATOR SCHOOL - Part I 2022: Working With Experts Financial Poise
Expert witnesses are an integral part of modern commercial litigation. They can be used for everything from calculating damages to explaining software workflows to establishing industry standards. This webinar begins with an exploration of the common types of cases that call for use of expert testimony. From there, we discuss the rules governing experts, including expert disclosures, discovery, and expert depositions. We also discuss the Daubert standard for excluding expert testimony, and discuss how a successful Daubert motion may be brought. This hour will help you figure out when and how to hire your own expert, and will give you some ideas on how to challenge your opponent’s expert when the time comes.
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NEWBIE LITIGATOR SCHOOL - Part I 2022
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Executive compensation continues its movement towards performance pay as the standard. Compensation structures and proxy disclosures are more and more complex. Investors and proxy advisors continue to increase influence on compensation issues. This webinar examines executive compensation, including equity-based compensation plans and executive employment and severance agreements. The importance of disclosure, alignment of risk, and metrics is also examined. Practical guidance on pay-for-performance and supplemental pay definitions is provided. The panelists discuss the effect of the Dodd-Frank Act on executive compensation, including SEC regulations. Exchange rules are compared to applicable federal law. Best practices regarding executive compensation committees and regulatory requirements for those committees are examined. Shareholder advisory groups promulgate executive compensation related advisory policies for their institutional shareholder clients annually and these policies are also discussed. Issues regarding board composition and leadership structure issues are discussed in relation to executive compensation.
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The Securities and Exchange Commission has been entrusted with a significant corporate compliance regulatory function, which has been expanded by seminal legislation in the recent past such as the Sarbanes-Oxley (“SOX”) and Dodd-Frank Acts. This webinar discusses board fiduciary duties and the tension between state corporate law standards and federal law. Board composition, independence, structure and processes (including best practices in regard to committees) are analyzed. Specifically, director independence is discussed as is audit committees and related requirements, regulations and exemptions. NASDAQ and the NYSE also have similar requirements for director independence and those are also discussed. The webinar also covers disclosure matters related to SOX compliance, including timing and content of an issuer's periodic disclosures. Both the legal requirements and best practices related to disclosure procedures and internal controls under SOX are examined. Means of controlling the costs of SOX, especially for smaller public companies, are also discussed, including trends in the industry related to high regulatory compliance costs. Finally, the applicability and best practices for privately held companies and SOX are considered.
Part of the webinar series: CORPORATE REGULATORY COMPLIANCE BOOT CAMP 2022 - PART 2
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The deal is complete, and the parties have finished the hard work. Or have they? Integration planning turns to execution as people, process, and technology are combined once the deal is legally closed. The buyer will need to consider the purchased business or assets from the standpoint of employees, IT, customers, suppliers, and a multitude of other areas. In addition, numerous post-closing legal issues may arise, including purchase price adjustments, breaches of representations and warranties, enforcement of key negative employment-related covenants and restrictive covenants, collection of pre-closing accounts receivable, and true-ups of final financials. This episode guides listeners through the process, timing, and issues which most commonly arise after the closing of deals.
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Although every deal is different, understanding any purchase/sale agreement will help you understand other purchase sale agreements. Stated another way, most M&A documents include a similar set of sections and use a similar vocabulary. This episode explains specific, common provisions and discusses how buyers and sellers approach these provisions differently, particularly in light of situational differences (e.g. whether the assets being bought and sold are equity of a company or the assets of a company; whether the seller is going to cease to exists or not). Topics covered will include tax issues; corporate governance; closing conditions; representations and warranties; indemnification provisions; earn-outs; restrictive covenants; antitrust; intellectual property; and employment issues.
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Buying, selling, or merging a company typically follows a similar set of steps from deal to deal. The amount of time each step takes varies but the order of the steps is fairly uniform because the steps follow a certain logic: before the parties share meaningful information, they should sign a confidentiality agreement (a/k/a “non-disclosure agreement,” or “NDA”); once a baseline amount of information is known by the would-be buyer, it commonly presents a letter of intent or term sheet to the target or its owner, which serves as an outline for a deal but does not necessarily bind the parties to consummate the transaction; additional due diligence and the negotiation, drafting and signing of definitive documents comes next. The parties then obtain any needed regulatory and/or contractual third party approvals; followed by closing; and finally by post-closing tasks. This webinar will discuss all these steps from a macro perspective so that you can see the forest for the trees, but does not do a deep dive into any single topic. Think of this webinar as a road map or timeline for a typical deal.
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This slide is special for master students (MIBS & MIFB) in UUM. Also useful for readers who are interested in the topic of contemporary Islamic banking.
June 3, 2024 Anti-Semitism Letter Sent to MIT President Kornbluth and MIT Cor...Levi Shapiro
Letter from the Congress of the United States regarding Anti-Semitism sent June 3rd to MIT President Sally Kornbluth, MIT Corp Chair, Mark Gorenberg
Dear Dr. Kornbluth and Mr. Gorenberg,
The US House of Representatives is deeply concerned by ongoing and pervasive acts of antisemitic
harassment and intimidation at the Massachusetts Institute of Technology (MIT). Failing to act decisively to ensure a safe learning environment for all students would be a grave dereliction of your responsibilities as President of MIT and Chair of the MIT Corporation.
This Congress will not stand idly by and allow an environment hostile to Jewish students to persist. The House believes that your institution is in violation of Title VI of the Civil Rights Act, and the inability or
unwillingness to rectify this violation through action requires accountability.
Postsecondary education is a unique opportunity for students to learn and have their ideas and beliefs challenged. However, universities receiving hundreds of millions of federal funds annually have denied
students that opportunity and have been hijacked to become venues for the promotion of terrorism, antisemitic harassment and intimidation, unlawful encampments, and in some cases, assaults and riots.
The House of Representatives will not countenance the use of federal funds to indoctrinate students into hateful, antisemitic, anti-American supporters of terrorism. Investigations into campus antisemitism by the Committee on Education and the Workforce and the Committee on Ways and Means have been expanded into a Congress-wide probe across all relevant jurisdictions to address this national crisis. The undersigned Committees will conduct oversight into the use of federal funds at MIT and its learning environment under authorities granted to each Committee.
• The Committee on Education and the Workforce has been investigating your institution since December 7, 2023. The Committee has broad jurisdiction over postsecondary education, including its compliance with Title VI of the Civil Rights Act, campus safety concerns over disruptions to the learning environment, and the awarding of federal student aid under the Higher Education Act.
• The Committee on Oversight and Accountability is investigating the sources of funding and other support flowing to groups espousing pro-Hamas propaganda and engaged in antisemitic harassment and intimidation of students. The Committee on Oversight and Accountability is the principal oversight committee of the US House of Representatives and has broad authority to investigate “any matter” at “any time” under House Rule X.
• The Committee on Ways and Means has been investigating several universities since November 15, 2023, when the Committee held a hearing entitled From Ivory Towers to Dark Corners: Investigating the Nexus Between Antisemitism, Tax-Exempt Universities, and Terror Financing. The Committee followed the hearing with letters to those institutions on January 10, 202
A Strategic Approach: GenAI in EducationPeter Windle
Artificial Intelligence (AI) technologies such as Generative AI, Image Generators and Large Language Models have had a dramatic impact on teaching, learning and assessment over the past 18 months. The most immediate threat AI posed was to Academic Integrity with Higher Education Institutes (HEIs) focusing their efforts on combating the use of GenAI in assessment. Guidelines were developed for staff and students, policies put in place too. Innovative educators have forged paths in the use of Generative AI for teaching, learning and assessments leading to pockets of transformation springing up across HEIs, often with little or no top-down guidance, support or direction.
This Gasta posits a strategic approach to integrating AI into HEIs to prepare staff, students and the curriculum for an evolving world and workplace. We will highlight the advantages of working with these technologies beyond the realm of teaching, learning and assessment by considering prompt engineering skills, industry impact, curriculum changes, and the need for staff upskilling. In contrast, not engaging strategically with Generative AI poses risks, including falling behind peers, missed opportunities and failing to ensure our graduates remain employable. The rapid evolution of AI technologies necessitates a proactive and strategic approach if we are to remain relevant.
The simplified electron and muon model, Oscillating Spacetime: The Foundation...RitikBhardwaj56
Discover the Simplified Electron and Muon Model: A New Wave-Based Approach to Understanding Particles delves into a groundbreaking theory that presents electrons and muons as rotating soliton waves within oscillating spacetime. Geared towards students, researchers, and science buffs, this book breaks down complex ideas into simple explanations. It covers topics such as electron waves, temporal dynamics, and the implications of this model on particle physics. With clear illustrations and easy-to-follow explanations, readers will gain a new outlook on the universe's fundamental nature.
This presentation includes basic of PCOS their pathology and treatment and also Ayurveda correlation of PCOS and Ayurvedic line of treatment mentioned in classics.
A workshop hosted by the South African Journal of Science aimed at postgraduate students and early career researchers with little or no experience in writing and publishing journal articles.
How to Build a Module in Odoo 17 Using the Scaffold MethodCeline George
Odoo provides an option for creating a module by using a single line command. By using this command the user can make a whole structure of a module. It is very easy for a beginner to make a module. There is no need to make each file manually. This slide will show how to create a module using the scaffold method.
Read| The latest issue of The Challenger is here! We are thrilled to announce that our school paper has qualified for the NATIONAL SCHOOLS PRESS CONFERENCE (NSPC) 2024. Thank you for your unwavering support and trust. Dive into the stories that made us stand out!
4. Disclaimer
The material in this webinar is for informational purposes only. It should not be considered
legal, financial or other professional advice. You should consult with an attorney or other
appropriate professional to determine what may be best for your individual needs. While
Financial Poise™ takes reasonable steps to ensure that information it publishes is accurate,
Financial Poise™ makes no guaranty in this regard.
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5. Meet the Faculty
MODERATOR:
Steven C. Reingold - Saul Ewing Arnstein & Lehr, LLP
PANELISTS:
Elizabeth S. Fenton - Ballard Spahr LLP
Timothy J. Pastore - Montgomery McCracken Walker & Rhoads LLP
Jonathan Weis - Levin Ginsburg P.C.
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6. About This Webinar – ADR & Settlement
Many cases are litigated outside of the court system through the use of alternative dispute
resolution methods such as arbitration, and the vast majority of cases settle before they reach
trial, either as a result of the parties’ efforts or with the help of a mediator. This webinar covers
the basics of arbitration and mediation, presenting an effective case to a neutral third party,
and negotiating and documenting a successful settlement, either directly or with a mediator’s
assistance.
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7. About This Series – Newbie Litigator School – Part
II 2022
This webinar series is one of several series (together with the other “Newbie Litigator School”
series) that Financial Poise designed specifically for attorneys who are just starting to get
involved in civil litigation or who could use a refresher on some litigation fundamentals. The
purpose is to introduce you to different components and phases of litigation, from the basic
rules of civil procedure and evidence, to dispositive motions, through trial, and on to appeal
and post-judgment matters.
Each Financial Poise Webinar is delivered in Plain English, understandable to investors, business owners, and
executives without much background in these areas, yet is of primary value to attorneys, accountants, and other
seasoned professionals. Each episode brings you into engaging, sometimes humorous, conversations designed to
entertain as it teaches. Each episode in the series is designed to be viewed independently of the other episodes so that
participants will enhance their knowledge of this area whether they attend one, some, or all episodes.
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8. Episodes in this Series
#1: TROs and Preliminary Injunctions
Premiere date: 8/23/22
#2: ADR & Settlement
Premiere date: 9/20/22
#3: Anatomy of a Trial
Premiere date: 10/18/22
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10. Selecting a Mediator
• Ensure that potential mediators are familiar with the subject matter of your case.
• Understand the mediator’s approach – facilitative vs. evaluative
• Perform due diligence to see if there are potential conflicts or biases. Use Google,
LinkedIn, etc. to research past work and connections.
• Ask colleagues for any information on the mediator choices prior to selection
11. Pre-Mediation
• Work with opposing counsel and the mediator to shape the structure of the mediation
• Decide on any documents or other information to be exchanged
• Agree upon the form of any mediation statements/position statements
• Make sure persons with authority will be present at mediation
• Potential meetings with the mediator to flesh out positions of the parties, as well as
strengths and weaknesses
12. Position Statements
• Know your audience – likely more important to convince the other side of the merits of
your position than to convince the mediator
• Consider letter your client present your position statement. For certain cases, he or she
will be more persuasive than you.
• Include legal citations if helpful and requested by the mediator (retired judges might be
more likely to want law included)
• Consider sending a private position statement to the mediator as well as a “public”
statement to be seen by the other side
13. Mediator Style
• Usually fall into two categories: facilitative vs. evaluative
• Evaluative: takes more control of the mediation, willing to give more opinions on the
strengths and weaknesses of each party’s position
✓ Sometimes will offer a prediction of the likely outcome in litigation
✓ This type of mediation might occur more frequently in pretrial conferences with
judges
✓ May feel more like non-binding arbitration than mediation
✓ Offers an independent evaluation of each party’s position that may move them more
towards a settlement
14. Mediator Style (cont’d)
• Facilitative style: encourages the parties to form their own views of the merits of each
party’s position
• Mediator aids in identifying areas of dispute so parties in joint session and in caucus can
work towards finding common ground
• Leads to the parties being more in control of the mediation
15. Mediation Formats
• Mediators will often use two different formats during the mediation: joint sessions and
party caucuses
• Will often start with a joint session, then move into party caucuses
• Mediators will sometimes shuttle back and forth between party rooms to discuss
movement by one party or another
• May also bring the parties back together at various points to highlight areas of agreement
16. Arbitration Basics
• Arbitration is a process in which a dispute is submitted to an impartial outsider who makes
a decision which is usually binding on both the parties.
• It is a process where there is a hearing (fewer formalities than in a civil trial) and a
determination of a cause between parties in controversy by a person, or persons, chosen
by them or appointed under a statutory provision.
• The parties submit their disputes/issues and are bound by the award of an arbitrator in
relation to the matter which is in dispute between them.
17. Arbitration Basics (cont’d)
• Arbitrator enforces their own point of view on the contending parties and does not take into
consideration the opinions of the parties in despite.
• The award of the arbitrator is binding and rests on equity and justice, i.e., there is no scope
for compromise.
• Arbitration is best suited for the settlement of contractual rights, whereas mediation is
suited to the adjustment of disputes over interests.
18. Arbitration Advantages
• Since it is usually established by the parties themselves, arbitration brings the dispute
settlement procedure down to the level of the parties to the dispute.
• Workers and management tend to have greater faith and confidence in a settlement
machinery which they have effectively created.
• Arbitration is more flexible than other procedures and can be adjusted to the views, desires
and experience of the parties and to the circumstances obtaining in the undertaking or
industry.
• Relatively expeditious and informal (as compared to the court process).
19. Settlement Basics
Most cases filed in the United States settle either through private efforts of the parties or
through mediation
Strategic use of settlement discussions can end a dispute before the costs outweigh the
benefits of proceeding for all parties
20. Settlement Inflection Points
• Certain stages of litigation lend themselves more to settlement than others.
• Typically, settlement opportunities arise when certain costs have been completed or not
yet spent:
✓ Following a grant/denial of a motion for preliminary injunction
✓ Following a denial of a motion to dismiss
✓ Following the close of certain phases of discovery
✓ Following summary judgment briefing
21. Preparing for Settlement
• Set expectations with your clients
• Prepare clients for what their role will be in either private settlement talks or in mediation
• Negotiate with opposing counsel what types of disclosures, documents, other information
will be exchanged ahead of any settlement discussions
22. Preparing for Settlement Discussions
• Know how to evaluate the strengths and weaknesses of your case
✓ Strong on the merits, but expensive to get to resolution?
✓ Need expert witness testimony to prove portions of your case?
✓ Recognize the difference between proving liability and proving damages. Even
where liability is near-certain, damages may be low and thus a settlement may make
sense for both sides.
23. Talking to Your Client
• Discuss with your client what their true aims are in litigation
• Make a decision tree with costs of various stages of litigation and potential outcomes
• Manage expectations about cost in terms of time and money before the case is resolved
24. Positioning Yourself in Settlement Discussions
• Evaluate your initial offer/counteroffer critically
• Attempt to expand the pie with potential non-monetary settlement offers as well as
monetary offers
• Focus on interests and not positions to give best chance at resolution
• Sell to the other side why your offer will serve their interests
25. Positioning Yourself in Settlement Discussions
(cont’d)
• Don’t reflect an unwillingness to proceed with your case if necessary
• Don’t fall in love with your position; maintain distance and skepticism
• Know when to walk away from settlement discussions
• Know when to pursue assistance from a neutral third party such as a mediator
26. Offers of Judgment
• Available in federal proceedings and in some states
• Allows defendants to attempt to settle cases early for a reasonable value
• Federal Rule of Civil Procedure 68(a): At least 14 days before the date set for trial, a
party defending against a claim may serve on an opposing party an offer to allow
judgment on specified terms, with the costs then accrued.”
• (d): “if the judgment that the offeree ultimately obtains is not more favorable than the
unaccepted offer, the offeree must pay costs incurred after the offer was made.”
27. Offers of Judgment (cont’d)
• Essentially, a defendant can make an offer of judgment to a plaintiff that, if refused, can
be used to force the plaintiff to pay costs for all litigation that occurs following refusal if
the plaintiff recovers less at trial than the offer.
• Defense counsel should ensure that both costs and attorneys’ fees are explicitly included
in the offer of judgment or risk facing an accepted judgment plus a petition for attorneys’
fees from the plaintiff
28. Joint Sessions
• Joint sessions:
✓ Allow the parties to all meet face to face and give statements regarding their
positions
✓ Puts all decision makers in one place to all hear assessments of each side’s position
✓ May allow for some venting by the parties themselves
✓ Counsel clients to avoid vitriol in their own statements so as not to poison the
mediation environment
29. Party Caucus
• Party caucus:
✓ Parties will retreat into separate rooms with counsel and discuss issues separately
with the mediator
✓ Mediator can hear the positions of each side frankly and offer their own views
✓ Mediator can also convey information to and from the other side
✓ Remember: the mediator is playing a role. Evaluate facts and persuasiveness, not
sincerity
30. Role of Insurers
• Know who your decision maker is – the insurer or the client
• Know who the other side’s decision maker is, too.
• Some insurers have final say over any settlement vs. “reasonable approval” of settlement
terms
• Some mediations conducted by judges require direct participation by insurers with full
settlement authority
• Some issues may arise if the insurer wants to settle and the party doesn’t or vice versa
31. Judicial Settlement Conferences
• Judges will sometimes offer pretrial settlement conferences with parties
• This can occur either with your trial judge or with another judge
• Try to proceed with a settlement conference with a different judge than the one trying
your case to avoid prejudice in case the litigation proceeds
• In federal court, this will often occur with a magistrate judge
32. If Your Case Does Not Settle
• All is not lost – mediation or settlement discussions will have at least given you a better
idea of the other side’s views of the case
• Depending on the depth of pre-settlement information and document exchanges, you
may have additional lines of inquiry for discovery
• Can still attempt to settle prior to trial, typically at the next leverage point of the case
34. About The Faculty
Steven Reingold - Steven.Reingold@saul.com
Steven Reingold represents companies and their owners, executives, directors, and officers in
complex disputes involving a wide variety of different industries. Drawing on more than two
decades of experience as a litigator in cases across the country, Steven handles claims involving
contracts and loan documents and has deep experience with shareholder litigation and partnership
disputes. Clients also look to Steven for assistance with matters involving breaches of fiduciary
duty. Steven is an experienced bankruptcy litigator and regularly represents liquidating trustees
and litigation trustees, as well as other parties, in Chapter 11 cases. While Steven is a veteran in
the courtroom, he is mindful that litigation is not the only way a client may wish to resolve a
dispute. He is equally experienced at bringing matters to a conclusion through negotiation,
mediation and arbitration. He also counsels clients on avoiding and managing litigation risks that
may arise in their businesses.
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35. About The Faculty
Elizabeth S. Fenton- fentone@ballardspahr.com
With a principal focus on the Delaware Court of Chancery, Elizabeth S. Fenton litigates and tries cases involving
business torts, shareholder and post-closing disputes, antitrust issues, piercing the corporate veil matters, and
enforcement of restrictive covenants. Her experience includes first-chairing trials before the Delaware Court of Chancery,
Delaware Superior Court, and the Philadelphia Court of Common Pleas Commerce Program. She also has handled
mediations and arbitrations before the American Arbitration Association, the International Center for Dispute Resolution,
and JAMS.
Over two decades in private practice, Beth has obtained successful business and litigation results for companies ranging
from emerging companies to the Fortune 50 in the information technology, financial services, and life sciences industries.
In addition, Beth has led internal investigations of ethics violations for publicly traded companies and managed
remediation and compliance processes. She also handles internal investigations, self-disclosures, and related
proceedings before the Commodity Futures Trading Commission, Department of Justice, Federal Trade Commission,
and Securities and Exchange Commission.
Beth is a Certified Information Privacy Professional/U.S. (CIPP/US).
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36. About The Faculty
Timothy J. Pastore - TPastore@mmwr.com
Timothy J. Pastore is Vice-Chair of Montgomery McCracken’s Litigation Department and a former military
prosecutor (USAF JAG, Captain) and Special Assistant U.S. Attorney. Tim is a trusted advisor to some of the
country’s most sophisticated companies, including industry-leading cable, telecommunications, technology, and
commercial real estate companies. Tim counsels clients in litigation/arbitration proceedings around the country
and on advisory matters, with an emphasis on home automation, electronic security and commercial real estate.
Tim’s commercial real estate experience includes commercial lease disputes, commercial mortgage
foreclosures, breach of servicing standards, partnership disputes, land use, and other sophisticated matters
involving commercial property. Tim is also lead counsel to a series of the largest electronic security companies
in the world, is a columnist in Security Business Magazine, and is a frequent speaker at security conferences
across the country.
Tim received his J.D. degree from Boston College Law School and his B.A. degree from Bucknell University.
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37. About The Faculty
Jonathan Weis - jweis@lgattorneys.com
Jonathan joined Levin Ginsburg upon graduating, cum laude, from law school in 1996 and is co-
managing partner of the firm. As a partner at Levin Ginsburg, his practice focuses primarily on
litigation and dispute resolution. Jonathan has extensive complex litigation and trial experience,
and represents large multi-national and public companies as well as condominium associations
and smaller businesses and individuals. Jonathan has experience litigating claims relating to
contracts, business torts, real estate transactions, shareholder and partnership disputes, landlord-
tenant, condominium issues, municipal and building code matters, trust and probate, construction
and mechanics liens, banking and foreclosure, employment, Illinois Department of Revenue
matters, and tobacco master settlement and tobacco regulatory issues.
He serves as the firm’s co-managing partner and hiring partner.
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38. Questions or Comments?
If you have any questions about this webinar that you did not get to ask during the live
premiere, or if you are watching this webinar On Demand, please do not hesitate to email us
at info@financialpoise.com with any questions or comments you may have. Please include
the name of the webinar in your email and we will do our best to provide a timely response.
IMPORTANT NOTE: The material in this presentation is for general educational purposes
only. It has been prepared primarily for attorneys and accountants for use in the pursuit of
their continuing legal education and continuing professional education.
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41. About Financial Poise
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