Stephen H. Sulmeyer, J.D., Ph.D.

Hon. Lynn Duryee (Ret.)

In this podcast, JAMS neutrals Stephen Sulmeyer, J.D., Ph.D., and Hon. Lynn Duryee (Ret.) weigh in on how to differentiate between the emotional and legal aspects of a dispute, including walking through poignant examples. Mr. Sulmeyer and Judge Duryee discuss the role of tools, such as developing negative capacity, in successfully navigating the emotional elements of a case, as well as their thoughts on recognizing and addressing defense mechanisms exhibited by parties during proceedings. They conclude with reflecting on how the dynamic of proceedings has shifted amidst the transition to mostly virtual proceedings, and what to keep in mind to support better case outcomes.

Thomas I. Elkind, Esq.

For many years, companies have required consumers and employees to sign contracts containing arbitration clauses that prohibit them from filing class action claims and require them to waive jury trials. The history of how this trend developed is interesting, in that it created unintended consequences that some companies are now trying to counter by no longer arbitrating consumer and employment claims.

Gary Fowler, Esq.

Tightening labor markets and high demand for key employees increase pressure on employers to enforce covenants not to compete. Those enforcement actions, though, carry heavy and immediate economic and non-economic costs and risks, particularly in seeking immediate injunctive relief. Attorney fees mount quickly because the work necessary for a temporary injunction compresses work done typically over a year in other litigation into less than a month.