Risk Avoidance, Transfer & Management
Matters
- Contractual Protection Methods, Tools and Techniques
- Negotiation, collaboration, mediation, litigation, arbitration and judicial reference provisions.
- Holding companies and long-term and collapsible corporations, LLC’s, partnerships and joint ventures.
- Contractual statutes of limitations.
- Customer care programs and protocols.
- Trade partner programs and protocols.
- Indemnities.
- Limitations on the types of claims and the types and amount of liquidated damages.
- Prevailing party attorney and expert fee provisions.
- Releases and waivers.
- Limited warranties.
- Statutory and contractual offers to compromise.
- Claims Resolution Methods, Tools and Techniques
- Negotiation, collaboration, mediation and litigation.
- High-low recovery agreements.
- Baseball and night baseball recovery agreements.
- Resolution by chance (including the Dow Jones method).
- Open and double blind mediator proposals.
- Focus Groups.
- Mock arbitrations, court trials and jury trials.
- Jury selection techniques.
- Shadow jurors.
- Mary Carter agreements.
- Assignments of rights with covenants not to execute
- Pre-verdict per juror recovery agreements