ABA Section of Business Law
Business Law Today
Volume 8, Number 4 - March/April 1999
It's a matter of bribery
The feds’ powers are greatly expanded. Is your client company safe?
By CRAIG A. RAABE and SEAN JOHNSTON
Is it possible that a company you’re advising is running afoul of a federal bribery statute? Before you answer too quickly, do a quick read of this article or check 18 U.S.C. Article 666. The feds may have your client in their expanded sights.
Mediation’s not a four-letter word
It can work in your business case
By JEFFREY G. KICHAVEN
Some business lawyers think there’s no way they would ever get involved in mediation. They think it’s too nicey-nice. But they should consider the possibility; the whole story of the case can come out in a more flexible environment. And it can work in tandem with litigation. The author suggests there are good reasons why business lawyers should give mediation a shot; it’s not just for "smaller" cases.
Top general counsels support ADR
Fortune 1000 lawyers comment on its status and future
By DAVID B. LIPSKY and RONALD L. SEEBER
The authors surveyed the general counsels of Fortune 1000 companies about how and why they use ADR. Most responded and most favored its use. How do they use it? What reservations do they have? See how the results reflect what your company or client does or might do.
ADR: A litigator’s perspective
Viewing the pluses and minuses
By STEVEN A. WEISS
ADR usually means a faster, less-expensive resolution. But it does not always allow a lawyer to delve deeply into the evidence. It can even be more expensive and slower if it’s nonbinding arbitration or mediation. This article is an overview of the options -- with their advantages and disadvantages -- from the perspective of the litigator.
Building an ADR program
What works, what doesn’t
By HARRY N. MAZADOORIAN
The use of ADR is growing fast. If your legal department is considering it, what should you keep in mind? After all, one size does not fit all needs. What are the "best practices"?
One clause doesn’t fit all
Designing ADR to meet your client’s needs
By TERRY L. TRANTINA
What should a lawyer do when designing an ADR clause? How can you tailor it to your client? The article is a checklist of alternatives that the business lawyer should consider, such as inclusive of all issues or specific just to certain issues.
A new dimension
Preventive law: An idea whose time has come
By ED DIETEL and DICK LYNCH
Some might call it crisis planning, continuous improvement, total quality management, reengineering, due diligence or scenario analysis. The authors call it "preventive law." The lawyer has to engage in anticipatory thinking; what might the future hold for his/her client? The authors show the difference this alternate type of legal planning might make.
It's a matter of briberyThe feds’ powers are greatly expanded. Is your client company safe?
By CRAIG A. RAABE and SEAN JOHNSTON
Is it possible that a company you’re advising is running afoul of a federal bribery statute? Before you answer too quickly, do a quick read of this article or check 18 U.S.C. Article 666. The feds may have your client in their expanded sights.
Mediation’s not a four-letter word
It can work in your business case
By JEFFREY G. KICHAVEN
Some business lawyers think there’s no way they would ever get involved in mediation. They think it’s too nicey-nice. But they should consider the possibility; the whole story of the case can come out in a more flexible environment. And it can work in tandem with litigation. The author suggests there are good reasons why business lawyers should give mediation a shot; it’s not just for "smaller" cases.
Top general counsels support ADR
Fortune 1000 lawyers comment on its status and future
By DAVID B. LIPSKY and RONALD L. SEEBER
The authors surveyed the general counsels of Fortune 1000 companies about how and why they use ADR. Most responded and most favored its use. How do they use it? What reservations do they have? See how the results reflect what your company or client does or might do.
ADR: A litigator’s perspective
Viewing the pluses and minuses
By STEVEN A. WEISS
ADR usually means a faster, less-expensive resolution. But it does not always allow a lawyer to delve deeply into the evidence. It can even be more expensive and slower if it’s nonbinding arbitration or mediation. This article is an overview of the options -- with their advantages and disadvantages -- from the perspective of the litigator.
Building an ADR program
What works, what doesn’t
By HARRY N. MAZADOORIAN
The use of ADR is growing fast. If your legal department is considering it, what should you keep in mind? After all, one size does not fit all needs. What are the "best practices"?
One clause doesn’t fit all
Designing ADR to meet your client’s needs
By TERRY L. TRANTINA
What should a lawyer do when designing an ADR clause? How can you tailor it to your client? The article is a checklist of alternatives that the business lawyer should consider, such as inclusive of all issues or specific just to certain issues.
A new dimension
Preventive law: An idea whose time has come
By ED DIETEL and DICK LYNCH
Some might call it crisis planning, continuous improvement, total quality management, reengineering, due diligence or scenario analysis. The authors call it "preventive law." The lawyer has to engage in anticipatory thinking; what might the future hold for his/her client? The authors show the difference this alternate type of legal planning might make.
