17 Ways To Lose A Winning Argument In Court, and Implications for Mediation

First Published  by Law360 and later revised: Expert Analysis By Richard Seymour January 2, 2018, 11:48 AM EST Nothing stings worse than losing a winning claim or defense because of a mistake. In the course of reading several thousand published appellate decisions in federal courts for 15 volumes of “Equal Employment Law Update,” published by the Bureau of National Affairs (now Bloomberg BNA) for the American Bar Association Section of Labor and Employment Law from 1996 to 2007, and in the course of reading many hundreds more decisions for the annual updates on employment law I’ve done for the Arizona…

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6 Legal Issues That Enable Serial Harassers

Published by Law360 on November 16, 2017; posted with permission under license. 6 Legal Issues That Enable Serial Harassers By Richard Seymour Richard Seymour The questions raised in the public mind by the allegations against Bill Cosby, Roger Ailes, Bill O’Reilly, Harvey Weinstein and other powerful accused sexual and racial harassers are important: If the allegations are true, how did they manage to get away with it for so long? Why didn’t the victims complain earlier? Where were human resources and company compliance officers? Parts of the answers to these questions are clear, and the evidence of the enablers is…

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How Proportionality in Discovery is Handled in Arbitration

How Proportionality in Discovery is Handled in Arbitration, as published by Law360 on October 23, 2017; posted with permission under license. by Richard T. Seymour, Washington, D.C. There has been a great deal of discussion of the effects of the increased prominence of proportionality in Federal-court litigation since the December 2015 changes to Civil Rule 26.  See, for example, “A Plaintiff’s Guide To Discovery Proportionality: Part 1” by Max Kennerly, and “Discovery Proportionality: A Defense View” by Alan Hoffman.  There has been relatively little discussion of how the issue of proportionality in discovery is handled in arbitration, and some comments…

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