Litigation Law, Mediation Law and Arbitration Law

For hundreds of years, the world’s sovereign nations refused to allow any other foreign sovereign to be sued in their courts without the sovereign’s consent. The guiding principle was “absolute sovereign immunity,” an outgrowth of the ancient legal precept rex non potest peccare, understood to mean “the king can do no wrong.” The principle also was recognized as wise foreign policy because it extended "grace and comity" to other sovereigns.

In mediation, every move sends a message—and few tools shape that message more strategically than brackets. Used at the right time, brackets can help reset expectations, reduce friction and create momentum toward settlement. The use of brackets is a helpful negotiation tool in mediation. However, some parties are reluctant to use them, perhaps because they do not understand how bracketology can/should be used during the course of negotiations.

Organizations and their counsel must understand which GenAI tools employees use (approved and informal) and for what purposes, what data each tool retains, where that data resides, and how long it remains available, including any applicable vendor retention practices.