Robert J Jossen

November 17, 2023 | New York Law Journal

When is the best time to undertake mediation of a dispute? In this article, Robert J. Jossen presents 10 observations that can bring light to this complex questions.

By Robert J. Jossen

8 minute read

November 17, 2021 | New York Law Journal

In the absence of national rulemaking, participants in mediations must be aware of the risk of non-confidentiality.

By Robert J. Jossen

7 minute read

November 28, 2016 | New York Law Journal

Robert J. Jossen, Matthew L. Mazur and Michael J. Sullivan of Dechert write: In drafting arbitration agreements, parties should deal with discovery issues at a time when they are in an agreeing mood. Where this has not occurred, counsel must take a targeted approach to arbitration discovery. The focus must be on obtaining evidence necessary to prove key facts at a hearing, with recognition that many of the evidence-gathering tools familiar to civil litigators may be unavailable.

By Robert J. Jossen, Matthew L. Mazur and Michael J. Sullivan

16 minute read

June 29, 2016 | Corporate Counsel

The specter of competition among international regulators makes it essential for these entities to develop and pursue a coordinated strategy for all such matters.

By Robert J. Jossen, Michael J. Gilbert and Hrishikesh N. Hari

16 minute read

September 09, 2013 | New York Law Journal

Dechert's Robert J. Jossen and Neil A. Steiner write: A recent decision from the U.S. District Court for the Eastern District of New York highlights the personal risk that an employee's use of a work email account to send or receive otherwise privileged and confidential communications - for example, with a spouse, personal lawyer, or doctor - will be deemed a waiver of the applicable privilege.

By Robert J. Jossen and Neil A. Steiner

13 minute read

August 20, 2012 | New York Law Journal

Robert J. Jossen and Neil A. Steiner, partners at Dechert, write that since the 1993 amendments to the FRCP, sanctions motion practice has become a relatively small part of litigation in commercial cases in federal court, typically reserved by most practitioners for rare and truly egregious misconduct. In the view of some, this development also improved the civility among litigators. A recent decision by the Second Circuit may have the potential to reverse that trend and revitalize Rule 11 sanctions as a weapon in the litigator's arsenal.

By Robert J. Jossen and Neil A. Steiner

16 minute read

November 26, 2012 | New York Law Journal

Robert J. Jossen and Neil A. Steiner, partners at Dechert, write that while it is common for parties to insert a fairly standard dispute resolution clause into a contract, doing so misses out on an opportunity to tailor the form of the arbitration to the contract and the overall business relationship at issue. It is far preferable to address such issues in a time of peace and good feeling than once a dispute has materialized.

By Robert J. Jossen and Neil A. Steiner

14 minute read

July 11, 2003 | Law.com

The Sarbanes-Oxley Act will likely give rise to several issues in civil litigation and potentially become the basis of class-action plaintiffs' attempts to expand their arsenal of weapons in securities litigation. This article discusses three issues that may arise in future securities litigation: statute of limitations on securities claims, the advancement of legal fees, and bootstrapping provisions of Sarbanes-Oxley to support older securities law claims.

By Robert J. Jossen and Neil A. Steiner

18 minute read

August 01, 2002 | New York Law Journal

COMMON PRACTICE among lawyers representing separate clients in litigation or criminal investigations is to discuss with one another privileged information including both factual information and strategy in attempting to prepare a unified defense. This sharing of privileged information is done pursuant to a "joint defense agreement," or a "common interest agreement," as they are sometimes known, which serves to insulate the exchange of information and to prevent waiver of the applicable attorney-client or wo

By Robert J. Jossen And Neil A. Steiner

17 minute read

July 13, 2009 | New York Law Journal

Robert J. Jossen and Neil A. Steiner, partners at Dechert, discuss the wide range of Upjohn warnings currently in use and the recent actions involving the options backdating investigation at Broadcom Corporation and the SEC investigation of Stanford Financial Group that highlight the pitfalls that even very experienced counsel may encounter.

By Robert J. Jossen and Neil A. Steiner

15 minute read