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Articles 1 - 6 of 6

Full-Text Articles in Law

Unilateral Forum Selection Clauses In Corporate Bylaws: A Synopsis Of The Debate, Bryce Cullinane Nov 2014

Unilateral Forum Selection Clauses In Corporate Bylaws: A Synopsis Of The Debate, Bryce Cullinane

The Journal of Business, Entrepreneurship & the Law

No abstract provided.


Secret Arbitration Or Civil Litigation?: An Analysis Of The Delaware Arbitration Program, Jores Kharatian Jan 2014

Secret Arbitration Or Civil Litigation?: An Analysis Of The Delaware Arbitration Program, Jores Kharatian

The Journal of Business, Entrepreneurship & the Law

No abstract provided.


The Delaware Arbitration Experiment: Not Just A “Secret Court”, Jessica Tyndall Jan 2014

The Delaware Arbitration Experiment: Not Just A “Secret Court”, Jessica Tyndall

The Journal of Business, Entrepreneurship & the Law

No abstract provided.


Delaware's Closed Door Arbitration: What The Future Holds For Large Business Disputes And How It Will Affect M&A Deals, Myron T. Steele, Thomas J. Stipanowich, Robert Anderson, James R. Griffin, Katherine Blair, Monica Shilling Jan 2014

Delaware's Closed Door Arbitration: What The Future Holds For Large Business Disputes And How It Will Affect M&A Deals, Myron T. Steele, Thomas J. Stipanowich, Robert Anderson, James R. Griffin, Katherine Blair, Monica Shilling

The Journal of Business, Entrepreneurship & the Law

No abstract provided.


In Quest Of The Arbitration Trifecta, Or Closed Door Litigation?: The Delaware Arbitration Program , Thomas J. Stipanowich Jan 2014

In Quest Of The Arbitration Trifecta, Or Closed Door Litigation?: The Delaware Arbitration Program , Thomas J. Stipanowich

The Journal of Business, Entrepreneurship & the Law

The Delaware Arbitration Program established a procedure by which businesses can agree to have their disputes heard in an arbitration proceeding before a sitting judge of the state’s highly regarded Chancery Court. The Program arguably offers a veritable trifecta of procedural advantages for commercial parties, including expert adjudication, efficient case management and short cycle time and, above all, a proceeding cloaked in secrecy. It also may enhance the reputation of Delaware as the forum of choice for businesses. But the Program’s ambitious intermingling of public and private forums brings into play the longstanding tug-of-war between the traditional view of court …


Market-Based Prediction Models As An Aid To Litigation Strategy And Settlement Negotiations, Kris Steckman Jan 2012

Market-Based Prediction Models As An Aid To Litigation Strategy And Settlement Negotiations, Kris Steckman

The Journal of Business, Entrepreneurship & the Law

In his recent book, “Litigation is War,” Fredrick L. Whitmer suggests effective advocacy in litigation mirrors many tactics common in strategic military preparation. On a battlefield or in a courtroom, quantifying the likelihood of uncertainties that may hinder or facilitate a particular line of attack will provide an advantage to the party holding such information. Consider this scenario: you are a plaintiff bringing suit against a corporation for ten million dollars, your trial starts in two weeks, the corporation has offered to settle for one million dollars, but you believe that you deserve more; do you accept? There is no …