Many courts across the country are essentially closed to class action
litigants during this pandemic. The court closures result in a stalemate of
critical disputed motions and perpetual uncertainty, but continued legal
bills for the parties and carriers.
Some courts are commenting on the magnitude of the health crisis and its
impact on litigation, and encouraging litigants, particularly in complex
litigation, to turn to alternative dispute resolution as a valuable
resource. Other courts, however, are all or partially dark, removing any
chance of an impetus from the court to get settlement talks going. This
circumstance may present a window for class action litigants to raise
mediation as an option where they otherwise would be concerned about the signal it was
sending to the other side. Continue Reading
Dear Valued Clients, Colleagues, and Friends:
In light of the impact of the current COVID-19 pandemic, we hope that you are staying safe and healthy.
At PADRE, supporting your unique ADR needs is a priority. We remain committed to assisting you in obtaining certainty with your resolution outcomes in these uncertain times. We continue to have our virtual doors open to provide you with a variety of ADR options, supported by our customary advance preparation and follow-up communications.
To maintain our effective ADR process, one of our mediation options is a full-service video-conferencing platform. This technology allows us to simultaneously utilize various virtual “rooms” such that the parties’ private separate caucus sessions, as well as their joint sessions, can proceed with our trademark candid questioning, and evaluations traditionally associated with a PADRE mediation. Continue Reading
I am pleased to announce that Greg Danilow has agreed to join our outstanding team of neutrals.
Greg is joining Phillips ADR after a 40-year career litigating high-stakes securities class actions, fiduciary duty cases, and complex commercial disputes in federal, state and bankruptcy courts. After clerking for John Cannella in the SDNY, Greg joined Kramer Levin, where he became a partner in 1981. At Kramer he litigated numerous hostile takeover battles in the 70’s and 80’s, often on the side of the raider.
In 1988, Greg moved his practice to the Securities Litigation Group at Weil Gotshal & Manges and became co-head of the Group in 1998. Continue Reading
I am pleased to announce The Hon. Robert Henry has become the newest member of the Phillips ADR Enterprises (“PADRE”) team. He brings a wealth of experience to our panel of neutrals.
Robert Henry is a former Chief Judge of the United States Court of Appeals for the Tenth Circuit. He was appointed to the United States Court of Appeals for the Tenth Circuit in 1994. Judge Henry served in that position for 16 years, the last two as Chief Judge. He has written over 750 decisions.
In 2010 Chief Judge Henry stepped down from the bench to become President of Oklahoma City University, a position he held until 2018. Continue Reading
With excitement and anticipation, I am pleased to announce the three newest members of the Phillips ADR Enterprises (“PADRE”) team: The Hon. Tim Garcia, Elliot Brown and Edwin V. Woodsome. Each of these outstanding gentlemen brings a wealth of experience to our panel of neutrals.
Timothy L. Garcia is a retired New Mexico Court of Appeals Judge with over thirty-four years of legal experience as a private attorney, trial court judge, and appellate court judge.
Judge Garcia had eighteen years of litigation experience before being appointed to the bench in 2002. Judge Garcia has presided over hundreds of civil and criminal trials, including high-profile cases involving wrongful death, personal injury, product liability, major catastrophes, and class action lawsuits. Continue Reading
The newest member of the Phillips ADR Enterprises (“PADRE”) team, David M. Murphy, joined PADRE’s group of independent panelists in 2017 and is available both as a mediator and arbitrator.
David, a retired partner at Wachtell, Lipton, Rosen and Katz, is one of the most seasoned litigators in America. He brings three decades of experience representing plaintiffs and defendants before courts and arbitration panels all over the country. He is also an accomplished mediator and arbitrator.
After graduating with honors from Yale University, David attended the University of Chicago Law School, where he won the annual Hinton Moot Court Competition, the Mulroy Prize for oral advocacy, and the Beale Prize for legal research and writing. Continue Reading