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Early neutral evaluation

Lawyers too optimistic about whether they’ll win their cases – men especially – says study

May 14, 2010

Recent research indicates — “confirms” is more like it, if you ask me — that lawyers, especially male lawyers, tend to be overly optimistic about their clients’ likely outcomes in litigation. See this summary in the ABA Journal of the published research findings. This, incidentally, is a compelling reason for contract drafters to include a provision requiring [...]

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An early-neutral-evaluation clause can help keep contract disputes out of court and protect business relationships

July 8, 2009

Advantages of ENE A simple sample ENE clause Additional reading I’m becoming convinced that most business contracts should include an early-neutral-evaluation (ENE) clause to help head off litigation.  If a contract dispute starts to get serious, an early, non-binding "sanity check" from a knowledgeable neutral can help the parties and lawyers get back onto a [...]

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A better way of nipping business legal disputes in the bud

April 16, 2008

The horrors of lawsuit discovery Cut the crap As I mentioned a few minutes ago, the CEO of Blue Jeans Cable, a former litigator, responded pretty forcefully to a cease and desist letter from Monster Cable, alleging various forms of infringement. One of the things I liked about the Blue Jeans response was its detailed [...]

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