by Stephen Hilger
Mediations: To Zoom or not to Zoom, that is the Question… The Pandemic brought many challenges, but it also presented opportunities. One of those opportunities was participating in litigation mediations via Zoom. At first, there was a general reluctance to utilize...
by Stephen Hilger
Anyone who has participated in the mediation process knows the scenario: you get to the end of a mediation and there is little or no likelihood that the dispute will settle. What do you do? Most people simply pack their bags and walk away. There is, however, an...
by Stephen Hilger
It is no secret that the price of construction materials and equipment is increasing faster than bids are accepted, contracts awarded and projects built. Much has been written and debated about price escalation clauses, Force Majeure and other legal positions, but...
by Stephen Hilger
In the ever-increasing race to protect against contract risk brought on as a result of the pandemic, some obvious contract clauses are negotiated while others are left untouched. Some of those untouched clauses can wreak havoc on contract risk. In addition, early...
by Stephen Hilger
Whoever coined the phrase “justice delayed is justice denied” was certainly not contemplating a global pandemic. And yet, that is precisely what litigants in most state and federal courts are currently facing. In some circuits, even civil bench trials will not begin...