Tag Archives: dispute resolution

Interesting from the Lively/Baldoni litigation: defamation and civil extortion allegations

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I am finding the defamation and civil extortion allegations some of the more interesting from a legal perspective, of course while seeing the allegations and the arguments and supposed evidence presented to the public is very interesting and something that we almost never see. Broadly speaking, defamation is: an untrue statement of fact or purported fact (e.g., not opinion) that is published (i.e., said or in print or in writing) to a third party (i.e. not simply to the person about whom the statement or writing is about, but to a third person) that hurts the reputation of the person about whom the statement or writing is about.

In Lively/Baldoni there are allegations that defamatory statements were made by Lively and by Baldoni themselves, and by agents such as PR or crisis firms representing Lively and Baldoni, and by the regular press (NYT). The allegations against the press include allegations that what they wrote was defamatory because of the alleged selective or incomplete nature of the statements and information that were included in the writing – thus allegedly not presenting an accurate writing or statement and alleged defamatory. If you are wondering, yes, a claim of defamation can be alleged on the basis of an alleged selective or incomplete statement or writing. As defamation is not an uncommon possibility, you might also be wondering whether someone possibly has defamed someone else in your circles or activities – slander (i.e., spoken) or libel (i.e., written).

There is a lot of discovery to be done – requests and subpoenas for documents, taking depositions, interrogatories, requests for admissions, experts, and more.

Keep in mind however, that none of what you are seeing is actual evidence that has been rebutted or cross-examined or questioned or even presented and admitted into evidence in Court at trial. I will be providing additional posts pertaining to defamation, and we also have not touched on the claim of civil extortion, or on the allegations of hostile or harassing workplace environment (including in the context of the script, the filming, and Hollywood), or on the efforts to resolve issues during the filming, or on workplace and filming oversight, diligence and compliance by HR, executive and management officers, boards/committees, and others.

Also keep in mind that the allegations, documents and arguments that you are seeing are or will be questions and issues of fact to be applied to the applicable laws and to be determined by the trier of fact (i.e., the jury). No one knows how the claims would be viewed by the selected jury at trial. And I should add that of course the above is just a summary discussion – for example, some statements are privileged or protected, there can be First Amendment freedom of speech issues, there are differing standards of culpability or wrongdoing depending on whether the person to whom the alleged statement applies is a public person or figure, and in California you can have anti-SLAPP issues, in addition to other issues, criteria and elements.

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Thank you for viewing this discussion. Please do pass this blog and blog post and information to other people who would be interested as it is only through collaboration and sharing that great things and success are more quickly achieved. If you are interested in discussing anything that I have said in the discussion above or in either of my two blogs (see blog addresses below), or if you simply want to reach out or are seeking assistance, it is best to reach me by email at dave@tateattorney.com.

David Tate, Esq. (and inactive CPA)

Trust, estate, probate, will, fiduciary and elder abuse disputes, litigation, trials and law – probate, trust, estate, will, power of attorney, elder abuse, real property and conservatorship disputes, conflicts and litigation, challenging and contentious administrations, and personalities, people and relationships, mental and physical health, limitations and capacity, undue influence and fraud; and and mediator services.

Business litigation and internal business and co-ownership disputes, litigation, trials and law, and contentious officer, director, board and audit and governance committee, D&O, conflict of interest, workplace, and governance disputes, conflicts and litigation; and mediator services. Legal authority, duties, rights, conflicts of interest, governance, diligence, compliance, legal risk management, and personalities, people and relationships; and mediator services.

Governance, law, legal risk management processes, compliance and success, audits and auditing, internal controls, executive officers, boards, directors, audit and governance committees, investigations, publicity rights, AI, defamation and First Amendment, legislation, statutes and laws, regulations, and headline news, and issue, people and relationship effective meetings, discussions and deliberations, debates and debating, communications, and wording and use of words.

Real property disputes, litigation, trials and law – primarily co-ownership and joint-ownership disputes, conflicts and litigation, and sales and purchases that go wrong, and mediator services.

Mediator and mediator and dispute resolution services (evaluative and facilitative).

  • Trust, estate, probate, conservatorship, elder and dependent abuse, etc.
  • Business, breach of contract/commercial, owner, shareholder, investor, etc.
  • D&O, board, audit and governance committee, accountant and CPA related.
  • Other: workplace and employment, environmental, trade secret.
  • Law and legal issues relating to authority, duties, rights, conflicts of interest, governance, diligence, compliance, risk management, disputes, evidence, liability, litigation, and mediation and resolution services.

Remember, every case and situation is different. It is important to obtain and evaluate all of the evidence that is available, and to apply that evidence to the applicable standards and laws. You do need to consult with an attorney and other professionals about your particular situation. This post is not a solicitation for legal or other services inside of or outside of California, and, of course, this post only is a summary of information that changes from time to time, and does not apply to any particular situation or to your specific situation. So . . . you cannot rely on this post for your situation or as legal or other professional advice or representation, or as or for my opinions and views on the subject matter.

Also note – sometimes I include links to or comments about materials from other organizations or people – if I do so, it is because I believe that the materials are worthwhile reading or viewing; however, that does not mean that I do not or that I might not have a different view about some or even all of the subject matter or materials, or that I necessarily agree with, or agree with everything about or relating to, that organization or person, or those materials or the subject matter.

Please also subscribe to this blog and my other blog (see below), and connect with me on LinkedIn and Twitter.

My two blogs are:

http://tateattorney.com – business, D&O, audit committee, governance, compliance, etc. – previously at http://auditcommitteeupdate.com

Trust, estate, conservatorship, elder and elder abuse, etc. litigation and contentious administrations http://californiaestatetrust.com

David Tate, Esq. (and inactive California CPA) – practicing only as an attorney in California.

I have consolidated blogs – future posts on this topic will be made at http://tateattorney.com – thank you. David Tate, Esq.

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I have consolidated blogs – future posts on this topic will be made to http://tateattorney.com. Please click on http://tateattorney.com

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Thank you for viewing this discussion. Please do pass this blog and blog post and information to other people who would be interested as it is only through collaboration and sharing that great things and success are more quickly achieved. If you are interested in discussing anything that I have said in the discussion above or in either of my two blogs (see blog addresses below), or if you simply want to reach out or are seeking assistance, it is best to reach me by email at dave@tateattorney.com.

David Tate, Esq. (and inactive CPA)

Trust, estate, probate, will, fiduciary and elder abuse disputes, litigation, trials and law – probate, trust, estate, will, power of attorney, elder abuse, real property and conservatorship disputes, conflicts and litigation, challenging and contentious administrations, and personalities, people and relationships, mental and physical health, limitations and capacity, undue influence and fraud; and and mediator services.

Business litigation and internal business and co-ownership disputes, litigation, trials and law, and contentious officer, director, board and audit and governance committee, D&O, conflict of interest, workplace, and governance disputes, conflicts and litigation; and mediator services. Legal authority, duties, rights, conflicts of interest, governance, diligence, compliance, legal risk management, and personalities, people and relationships; and mediator services.

Governance, law, legal risk management processes, compliance and success, audits and auditing, internal controls, executive officers, boards, directors, audit and governance committees, investigations, publicity rights, AI, defamation and First Amendment, legislation, statutes and laws, regulations, and headline news, and issue, people and relationship effective meetings, discussions and deliberations, debates and debating, communications, and wording and use of words.

Real property disputes, litigation, trials and law – primarily co-ownership and joint-ownership disputes, conflicts and litigation, and sales and purchases that go wrong, and mediator services.

Mediator and mediator and dispute resolution services (evaluative and facilitative).

  • Trust, estate, probate, conservatorship, elder and dependent abuse, etc.
  • Business, breach of contract/commercial, owner, shareholder, investor, etc.
  • D&O, board, audit and governance committee, accountant and CPA related.
  • Other: workplace and employment, environmental, trade secret.
  • Law and legal issues relating to authority, duties, rights, conflicts of interest, governance, diligence, compliance, risk management, disputes, evidence, liability, litigation, and mediation and resolution services.

Remember, every case and situation is different. It is important to obtain and evaluate all of the evidence that is available, and to apply that evidence to the applicable standards and laws. You do need to consult with an attorney and other professionals about your particular situation. This post is not a solicitation for legal or other services inside of or outside of California, and, of course, this post only is a summary of information that changes from time to time, and does not apply to any particular situation or to your specific situation. So . . . you cannot rely on this post for your situation or as legal or other professional advice or representation, or as or for my opinions and views on the subject matter.

Also note – sometimes I include links to or comments about materials from other organizations or people – if I do so, it is because I believe that the materials are worthwhile reading or viewing; however, that does not mean that I do not or that I might not have a different view about some or even all of the subject matter or materials, or that I necessarily agree with, or agree with everything about or relating to, that organization or person, or those materials or the subject matter.

Please also subscribe to this blog and my other blog (see below), and connect with me on LinkedIn and Twitter.

My two blogs are:

http://tateattorney.com – business, D&O, audit committee, governance, compliance, etc. – previously at http://auditcommitteeupdate.com

Trust, estate, conservatorship, elder and elder abuse, etc. litigation and contentious administrations http://californiaestatetrust.com

David Tate, Esq. (and inactive California CPA) – practicing only as an attorney in California.

WHAT ARE BRACKETS – USING BRACKETS IN MEDIATIONS AND SETTLEMENT EFFORTS, AND POSSIBLY IN OTHER NEGOTIATIONS

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Brackets can be used in mediation and settlement efforts, and might be used in other negotiations. What are brackets? Say the parties in a mediation are going back and forth, inch by inch, counteroffer followed by counteroffer, getting closer to a mutual dollar settlement amount, but are still far apart and are unlikely to reach settlement under that traditional approach.  

Using brackets the parties propose ranges within which they agree to negotiate further. For example, plaintiff says plaintiff will move to $___ if defendant will move to $___; and defendant says that defendant will move to $___ if plaintiff will move to $___. Thus, each party provides a range within which that party says that it will continue to negotiate. But plaintiff does not represent where within plaintiff’s range plaintiff is willing to settle, and defendant also does not represent where within defendant’s range defendant is willing to settle. Brackets can be used to at least reduce the settlement gap. Sometimes, or eventually after multiple back and forth bracket counteroffers, the bracket ranges may in part cross each other; however, again, a bracket communicated by a party is not a representation of the specific amount within the range that that party is willing to settle. Also, of course, in the context of litigation, no settlement is binding unless it is in writing, signed by the parties, or put on the record in Court.

One caveat: attorneys and parties can have differing views or beliefs about how brackets work. If brackets are going to be used, there needs to be a mutual understanding about how the brackets are going to be used and what the bracketed amounts will represent. For example, based on experience, or based on what they have been told, some people might have the belief or understanding that it is implied that a party will be willing to settle at the halfway, mid-point number or amount within the bracket range that they have communicated. Before agreeing to proceed with brackets, the parties need to discuss and agree upon how the brackets will be used. In my view or practice, such a halfway or mid-point belief or understanding is not implied and should not be implied, unless, of course, the parties have previously agreed.

Keep brackets in mind as one technique to help parties reach resolution and settlement.

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Thank you for viewing this discussion. Please do pass this blog and blog post and information to other people who would be interested as it is only through collaboration and sharing that great things and success are more quickly achieved. If you are interested in discussing anything that I have said in the discussion above or in either of my two blogs (see blog addresses below), or if you simply want to reach out or are seeking assistance, it is best to reach me by email at dave@tateattorney.com.

David Tate, Esq. (and inactive CPA)

Probate Court and administration related disputes and litigation – probate, trust, estate, will, power of attorney, elder abuse, real property and conservatorship disputes, conflicts and litigation, and challenging and contentious administrations, and personalities and relationships; and mediator services.

Business litigation and internal business and co-ownership disputes, and contentious officer, director, board and audit and governance committee, D&O, conflict of interest, workplace, and governance disputes, conflicts and litigation; and mediator services. Legal authority, duties, rights, conflicts of interest, governance, diligence, compliance, and risk Management.

Real property disputes and litigation – primarily co-ownership and joint-ownership disputes, conflicts and litigation, and sales and purchases that go wrong; and mediator services.

Mediator services and dispute resolution (evaluative and facilitative).

Trust, estate, probate, conservatorship, elder and dependent abuse, etc.

Business, breach of contract/commercial, owner, shareholder, investor, etc.

D&O, board, audit and governance committee, accountant and CPA related.

Other: workplace and employment, environmental, trade secret.

Law and legal issues relating to authority, duties, rights, conflicts of interest, governance, diligence, compliance, risk management, disputes, liability, litigation, and mediation and resolution services.

Remember, every case and situation is different. It is important to obtain and evaluate all of the evidence that is available, and to apply that evidence to the applicable standards and laws. You do need to consult with an attorney and other professionals about your particular situation. This post is not a solicitation for legal or other services inside of or outside of California, and, of course, this post only is a summary of information that changes from time to time, and does not apply to any particular situation or to your specific situation. So . . . you cannot rely on this post for your situation or as legal or other professional advice or representation, or as or for my opinions and views on the subject matter.

Also note – sometimes I include links to or comments about materials from other organizations or people – if I do so, it is because I believe that the materials are worthwhile reading or viewing; however, that does not mean that I do not or that I might not have a different view about some or even all of the subject matter or materials, or that I necessarily agree with, or agree with everything about or relating to, that organization or person, or those materials or the subject matter.

Please also subscribe to this blog and my other blog (see below), and connect with me on LinkedIn and Twitter.

My two blogs are:

http://tateattorney.com – business, D&O, audit committee, governance, compliance, etc. – previously at http://auditcommitteeupdate.com

Trust, estate, conservatorship, elder and elder abuse, etc. litigation and contentious administrations http://californiaestatetrust.com

David Tate, Esq. (and inactive California CPA) – practicing only as an attorney in California.

Presley trust dispute – mediation is worth a try – as is mediation in basically all probate court cases whether relating to trusts; wills; estates; administrations; elder, spousal and dependent abuse; conservatorship; real property, etc.

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Although information remains unknown in the Lisa Marie Presley trust case – indeed, it is very early in the case, the pleadings appear to still be unsettled, written discovery will be propounded, and depositions will be taken – in some cases an early mediation can be successful, or at least beneficial even if the mediation does not result in settlement at this point but requires multiple mediations.

As in most trust, estate and probate court cases there are multiple issues of fact, law, evidence admissibility, burdens of proof, and presumptions that could go one way or the other if the case proceeds to trial.

For example, it is reported in the news that one claim or allegation is that there was a requirement that the purported 2016 amendment to trust be served on the trustee(s) of the 2010 restated trust, and that that service was not done. It so happens that there have been a couple of new relatively recent California cases on this issue – i.e., what actions need to be taken for a purported amendment or modification to trust to be effective? It can be a complicated issue of law and fact based on the applicable statutes in the Probate Code, the trust wording (the wording in both the purported new amendment and in the prior existing trust instrument), case law decisions, factually what occurred and what did not occur, and the trier of fact (in this case, the Judge). And, if the case proceeds to evidentiary hearing/trial, there is always the prospect of a possible appeal.

As reported in the news, other claims or allegations might include questions about the signature and possible name misspelling. On the other hand, if the signature is authenticated and if the amendment is not otherwise invalid for some other reason, there is a rebuttable presumption that a person who signs a document understood and intended her actions and the provisions in the document (assuming, that is, that the document is clear, isn’t ambiguous, and covers all of the relevant issues that are involved in the factual situation). In California there is also a broad general rule that the wishes of a person who executes a testamentary instrument should be upheld; however, in some cases that general rule might merely beg the questions or issues in the case. Based on the news reports I can also imagine that there might be other possible additional issues that the news has not reported.

Mediation should be tried in all probate court cases, at least because of the significant uncertainties that exist, and sometimes multiple times in a particular case. In addition to issues of fact, law, etc., in most probate court cases relationships and personalities also are important and related to getting past impasse and to resolution.

You will know from this blog that I both litigate these cases and also serve as a mediator in other cases. Mediation is important to reach resolution or at least to reduce the issues or to speed discovery and ultimate resolution. I have attached below the current version of my Questions to Consider to Help Facilitate Dispute Resolution and Settlement.

questions-to-consider-to-help-facilitate-dispute-resolution-and-settlement-david-tate-esq.-07052022-2Download

Thank you for reading. Please do pass this blog and blog post and information to other people who would be interested as it is only through collaboration and sharing that great things and success are more quickly achieved.

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Best to you,

David Tate, Esq. (and inactive CPA)

  • Business litigation and disputes – business, breach of contract/commercial, co-owners, shareholders, investors, founders, workplace and employment, environmental, D&O, governance, boards and committees.
  • Trust, estate and probate court litigation and disputes – trust, estate, probate, elder and dependent abuse, conservatorship, POA, real property, mental health and care, mental capacity, undue influence, conflicts of interest, and contentious administrations.
  • Governance, boards, audit and governance committees, investigations, auditing, ESG, etc.
  • Mediator and facilitating dispute resolution:
    • Trust, estate, probate, conservatorship, elder and dependent abuse, etc.
    • Business, breach of contract/commercial, owner, shareholder, investor, etc.
    • D&O, board, audit and governance committee, accountant and CPA related.
    • Other: workplace and employment, environmental, trade secret.

Remember, every case and situation is different. It is important to obtain and evaluate all of the evidence that is available, and to apply that evidence to the applicable standards and laws. You do need to consult with an attorney and other professionals about your particular situation. This post is not a solicitation for legal or other services inside of or outside of California, and, of course, this post only is a summary of information that changes from time to time, and does not apply to any particular situation or to your specific situation. So . . . you cannot rely on this post for your situation or as legal or other professional advice or representation, or as or for my opinions and views on the subject matter.

Also note – sometimes I include links to or comments about materials from other organizations or people – if I do so, it is because I believe that the materials are worthwhile reading or viewing; however, that doesn’t mean that I don’t or might not have a different view about some or even all of the subject matter or materials, or that I necessarily agree with, or agree with everything about or relating to, that organization or person, or those materials or the subject matter.

Please also subscribe to this blog and my other blog (see below), and connect with me on LinkedIn and Twitter.

My two blogs are:

http://tateattorney.com – business, D&O, audit committee, governance, compliance, etc. – previously at http://auditcommitteeupdate.com

Trust, estate, conservatorship, elder and elder abuse, etc. litigation and contentious administrations http://californiaestatetrust.com

David Tate, Esq. (and inactive California CPA) – practicing only as an attorney in California.

BATNA doesn’t get you to settlement or resolution – instead, looking for answers does –

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BATNA is an acronym that stands for Best Alternative To a Negotiated Agreement. It is defined as the best or most advantageous alternative that a negotiating or mediating party can take or has if negotiations and reaching settlement or resolution are failing or are not moving forward and if it is believed that settlement is breaking down cannot be reached. BATNA was presented in the book Getting to YES: Negotiating Agreement Without Giving In (first published in 1981), and it continues to be used as a consideration that a negotiating or mediating party can and should use when deciding whether or not to engage in negotiation or mediation, or whether or not to continue negotiating or mediating when things seem to have stalled or reached an impasse.

Whereas considering BATNA (i.e., why a party should negotiate or keep negotiating) is a good means of moving the parties or a party back from a precipice or position wherein negotiations or mediation breakdown or breakdown at least temporarily, BATNA doesn’t get you to settlement – instead, moving beyond or back from BANTA, being openminded, continuing to explore options, looking for answers, considering the negatives and unknowns, and moving forward toward resolution do move the parties toward settlement and resolution or at least in part on some of the issues.

Thus, the parties, and the mediator need to consider the toolbox of options, and approaches and ways for the parties to continue talking and moving forward from the current position and from their current positions toward resolution or resolutions.

Parties can move off of their positions – or can be willing or induced to move off of their positions, by any number of means, such as, for example:

Persuasion;

Moving within the or their perceived global range of options;

Expanding the or their global range of options;

Disclosing or making known more about or what was previously known about their global range of options;

Force or threat, so to speak;

Changed circumstances;

Optics or disclosure to or about outside stakeholders or influencers;

Additional examination, discovery, evidence or related information, documents, or disclosure;

Additional understanding about the applicable law, burdens of proof, and presumptions;

Additional information about the possible trier of fact; and

More – that is, the long list depends on the particular situation at issue.

Best to you. David Tate, Esq. (and inactive CPA)

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Remember, every case and situation is different. It is important to obtain and evaluate all of the evidence that is available, and to apply that evidence to the applicable standards and laws. You do need to consult with an attorney and other professionals about your particular situation. This post is not a solicitation for legal or other services inside of or outside of California, and, of course, this post only is a summary of information that changes from time to time, and does not apply to any particular situation or to your specific situation. So . . . you cannot rely on this post for your situation or as legal or other professional advice or representation.

Thank you for reading this post. I ask that you also pass it along to other people who would be interested as it is through collaboration that great things and success occur more quickly. And please also subscribe to this blog and my other blog (see below), and connect with me on LinkedIn and Twitter.

My two blogs are:

Business, D&O, audit committee, governance, compliance, etc. http://auditcommitteeupdate.com

Trust, estate, conservatorship, elder and elder abuse, etc. litigation and contentious administrations http://californiaestatetrust.com

Best to you, David Tate, Esq. (and inactive California CPA) – practicing in California only

Litigation, Disputes, Mediator & Governance: Business, Trust/Probate, Real Property, Governance, Elder Abuse, Workplace, Investigations, Other Areas

As the mediator – I facilitated a trust dispute settlement yesterday (and into the night)

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Success stories are good to report. As the mediator I helped the parties and their counsel reach settlement in a trust dispute case yesterday and last night. I cannot say anything specific about the case or the mediation, of course. There were multiple contentious issues about which the parties held strong viewpoints. But all of the parties and their counsel prepared well for the mediation and kept working toward resolution into the night. The parties and their counsel are to be congratulated for their successful resolution – and they will be much better off and happier having resolved their dispute.

Best to you. David Tate, Esq.

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Remember, every case and situation is different. It is important to obtain and evaluate all of the evidence that is available, and to apply that evidence to the applicable standards and laws. You do need to consult with an attorney and other professionals about your particular situation. This post is not a solicitation for legal or other services inside of or outside of California, and, of course, this post only is a summary of information that changes from time to time, and does not apply to any particular situation or to your specific situation. So . . . you cannot rely on this post for your situation or as legal or other professional advice or representation.

Thank you for reading this post. I ask that you also pass it along to other people who would be interested as it is through collaboration that great things and success occur more quickly. And please also subscribe to this blog and my other blog (see below), and connect with me on LinkedIn and Twitter.

Best to you, David Tate, Esq. (and inactive California CPA) – practicing in California only

Litigation, Disputes, Mediator & Governance: Business, Trust/Probate, Real Property, Governance, Elder Abuse, Investigations, Other Areas

Blogs: Trust, estate/probate, power of attorney, conservatorship, elder and dependent adult abuse, nursing home and care, disability, discrimination, personal injury, responsibilities and rights, and other related litigation, and contentious administrations http://californiaestatetrust.com

Business, D&O, board, director, audit committee, shareholder, founder, owner, and investor litigation, governance and governance committee, responsibilities and rights, compliance, investigations, and risk management  http://auditcommitteeupdate.com

My law practice primarily involves the following areas and issues:

Trust, Estate, Probate Court, Elder and Dependent Adult, and Disability Disputes and Litigation

  • Trust and estate disputes and litigation, and contentious administrations representing fiduciaries, beneficiaries and families; elder abuse; power of attorney disputes; elder care and nursing home abuse; conservatorships; claims to real and personal property; and other related disputes and litigation.

Business, Business-Related, and Workplace Disputes and Litigation: Private, Closely Held, and Family Businesses; Public Companies; Nonprofit Entities; and Governmental Entities

  • Business v. business disputes including breach of contract; unlawful, unfair and fraudulent business practices; fraud, deceit and misrepresentation; unfair competition; licensing agreements, breach of the covenant of good faith and fair dealing; etc.
  • Misappropriation of trade secrets.
  • M&A disputes.
  • Founder, officer, director and board, investor, shareholder, creditor, VC, control, governance, decision making, fiduciary duty, conflict of interest, independence, voting, etc., disputes.
  • Buy-sell disputes.
  • Funding and share dilution disputes.
  • Accounting, lost profits, and royalty disputes and damages.
  • Insurance coverage and bad faith.
  • Access to corporate and business records disputes.
  • Employee, employer and workplace disputes and processes, discrimination, whistleblower and retaliation, harassment, defamation, etc.

Investigations, Governance, and Responsibilities and Rights

  • Corporate, business, nonprofit and governmental internal investigations.
  • Board, audit committee, governance committee, and special committee governance and processes, disputes, conflicts of interest, independence, culture, ethics, etc.; and advising audit committees, governance committees, officers, directors, and boards.

Mediator Services and Conflict Resolution

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Questions to Consider to Facilitate Dispute and Conflict Resolution – Dave Tate, Esq.

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David W. Tate, Esq., San Francisco and California – dave@tateattorney.com

I have provided a link below to my paper “Questions to Consider to Facilitate Dispute and Conflict Resolution, and a snapshot of the paper’s first page. I have also provided below a link to a recent blog post with a short video summarizing my mediator services. Enjoy, and have a good day.  Dave Tate, Esq.

The following is a link to my paper “Questions to Consider to Facilitate Dispute and Conflict Resolution: QUESTIONS TO CONSIDER TO FACILITATE DISPUTE AND CONFLICT RESOLUTION, David Tate, Esq. 05242020

The following is a link to my blog post with a short video summarizing my mediator services: https://wp.me/p75iWX-x7

The following is a snapshot of the first page to my paper “Questions to Consider to Facilitate Dispute and Conflict Resolution:

 

Mediation and Conflict Resolution Hexagon Matrix to Help Achieve Resolution and Settlement

 

Best to you, Dave Tate, Esq. (San Francisco and California) – dave@tateattorney.com

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Remember, every case and situation is different. It is important to obtain and evaluate all of the evidence that is available, and to apply that evidence to the applicable standards and laws. You do need to consult with an attorney and other professionals about your particular situation. This post is not a solicitation for legal or other services inside of or outside of California, and, of course, this post only is a summary of information that changes from time to time, and does not apply to any particular situation or to your specific situation. So . . . you cannot rely on this post for your situation or as legal or other professional advice or representation.

Thank you for reading this post. I ask that you also pass it along to other people who would be interested as it is through collaboration that great things and success occur more quickly. And please also subscribe to this blog and my other blog (see below), and connect with me on LinkedIn and Twitter.

Best to you, David Tate, Esq. (and inactive California CPA) – practicing in California only.

I am also the Chair of the Business Law Section of the Bar Association of San Francisco.

Blogs

Trust, estate/probate, power of attorney, conservatorship, elder and dependent adult abuse, nursing home and care, disability, discrimination, personal injury, responsibilities and rights, and other related litigation, and contentious administrations http://californiaestatetrust.com

Business, D&O, board, director, audit committee, shareholder, founder, owner, and investor litigation, governance and governance committee, responsibilities and rights, compliance, investigations, and risk management  http://auditcommitteeupdate.com

My law practice primarily involves the following areas and issues:

Trust, Estate, Probate Court, Elder and Dependent Adult, and Disability Disputes and Litigation

      • Trust and estate disputes and litigation, and contentious administrations representing fiduciaries, beneficiaries and families; elder abuse; power of attorney disputes; elder care and nursing home abuse; conservatorships; claims to real and personal property; and other related disputes and litigation.

Business, Business-Related, and Workplace Disputes and Litigation: Private, Closely Held, and Family Businesses; Public Companies; Nonprofit Entities; and Governmental Entities

      • Business v. business disputes including breach of contract; unlawful, unfair and fraudulent business practices; fraud, deceit and misrepresentation; unfair competition; licensing agreements, breach of the covenant of good faith and fair dealing; etc.
      • Misappropriation of trade secrets.
      • M&A disputes.
      • Founder, officer, director and board, investor, shareholder, creditor, VC, control, governance, decision making, fiduciary duty, conflict of interest, independence, voting, etc., disputes.
      • Buy-sell disputes.
      • Funding and share dilution disputes.
      • Accounting, lost profits, and royalty disputes and damages.
      • Insurance coverage and bad faith.
      • Access to corporate and business records disputes.
      • Employee, employer and workplace disputes and processes, discrimination, whistleblower and retaliation, harassment, defamation, etc.

Investigations, Governance, and Responsibilities and Rights

      • Corporate, business, nonprofit and governmental internal investigations.
      • Board, audit committee, governance committee, and special committee governance and processes, disputes, conflicts of interest, independence, culture, ethics, etc.; and advising audit committees, governance committees, officers, directors, and boards.

Mediator Services and Conflict Resolution

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Mediation and Conflict Resolution Hexagon Matrix to Help Achieve Resolution and Settlement – Dave Tate, Esq.

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David W. Tate, Esq., San Francisco and California – dave@tateattorney.com

I have found that obtaining the best understanding from and about the parties and stakeholders with respect to their views pertaining to the six primary areas that are identified in my mediation and conflict resolution hexagon matrix will greatly increase the likelihood of reaching a resolution and settlement. Of course there are sub-parts to each of the six areas – however, the hexagon matrix does help to provide focus.

Best to you, Dave Tate, Esq. (San Francisco and California) – dave@tateattorney.com

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Remember, every case and situation is different. It is important to obtain and evaluate all of the evidence that is available, and to apply that evidence to the applicable standards and laws. You do need to consult with an attorney and other professionals about your particular situation. This post is not a solicitation for legal or other services inside of or outside of California, and, of course, this post only is a summary of information that changes from time to time, and does not apply to any particular situation or to your specific situation. So . . . you cannot rely on this post for your situation or as legal or other professional advice or representation.

Thank you for reading this post. I ask that you also pass it along to other people who would be interested as it is through collaboration that great things and success occur more quickly. And please also subscribe to this blog and my other blog (see below), and connect with me on LinkedIn and Twitter.

Best to you, David Tate, Esq. (and inactive California CPA) – practicing in California only.

I am also the Chair of the Business Law Section of the Bar Association of San Francisco.

Blogs

Trust, estate/probate, power of attorney, conservatorship, elder and dependent adult abuse, nursing home and care, disability, discrimination, personal injury, responsibilities and rights, and other related litigation, and contentious administrations http://californiaestatetrust.com

Business, D&O, board, director, audit committee, shareholder, founder, owner, and investor litigation, governance and governance committee, responsibilities and rights, compliance, investigations, and risk management  http://auditcommitteeupdate.com

My law practice primarily involves the following areas and issues:

Trust, Estate, Probate Court, Elder and Dependent Adult, and Disability Disputes and Litigation

      • Trust and estate disputes and litigation, and contentious administrations representing fiduciaries, beneficiaries and families; elder abuse; power of attorney disputes; elder care and nursing home abuse; conservatorships; claims to real and personal property; and other related disputes and litigation.

Business, Business-Related, and Workplace Disputes and Litigation: Private, Closely Held, and Family Businesses; Public Companies; Nonprofit Entities; and Governmental Entities

      • Business v. business disputes including breach of contract; unlawful, unfair and fraudulent business practices; fraud, deceit and misrepresentation; unfair competition; licensing agreements, breach of the covenant of good faith and fair dealing; etc.
      • Misappropriation of trade secrets.
      • M&A disputes.
      • Founder, officer, director and board, investor, shareholder, creditor, VC, control, governance, decision making, fiduciary duty, conflict of interest, independence, voting, etc., disputes.
      • Buy-sell disputes.
      • Funding and share dilution disputes.
      • Accounting, lost profits, and royalty disputes and damages.
      • Insurance coverage and bad faith.
      • Access to corporate and business records disputes.
      • Employee, employer and workplace disputes and processes, discrimination, whistleblower and retaliation, harassment, defamation, etc.

Investigations, Governance, and Responsibilities and Rights

      • Corporate, business, nonprofit and governmental internal investigations.
      • Board, audit committee, governance committee, and special committee governance and processes, disputes, conflicts of interest, independence, culture, ethics, etc.; and advising audit committees, governance committees, officers, directors, and boards.

Mediator Services and Conflict Resolution

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