The landscape of dispute resolution is ever-evolving, presenting new challenges and opportunities. In 2024, Kyle-Beth Hilfer a seasoned arbitrator and mediator, provided her insights at high-profile events on dispute resolution. The post Hilfer Law’s 2024 Dispute Resolution Insights: Arbitration and Mediation appeared first on Hilfer Law ..read more

Kyle-Beth Hilfer explained to The New York Times that businesses and political campaigns must follow federal and state laws when running prize promotions. The post Kyle-Beth Hilfer Quoted in The New York Times On Sweepstakes Ambiguity appeared first on Hilfer Law ..read more

In 2024, brands and their agencies confront a heightened regulatory climate with enhanced legal risk. Twelve hot topics in advertising law for 2024 deserve priority. The Federal Trade Commission (FTC) is activist and pursuing creative ways to obtain financial penalties. In so doing, it is working with state attorney-generals to investigate and pursue settlements. At the same time, the class action bar is similarly active, filing lawsuits that pursue the regulatory trends. Below are twelve areas of risk for advertisers and their agencies. In preparing a business plan for 2024, brands should wor ..read more

On September 21, 2023, Kyle-Beth Hilfer spoke on a panel for the New York Foundation for the Arts and New York State Bar Association. She discussed various alternate dispute resolution (ADR) options for copyright disputes of all sizes.  Copyright Law Basics The panel first reviewed the basics of copyright law: Copyright law protects original works of authorship, such as books, music, art, movies, and software. Copyright owners own exclusive rights to reproduce, distribute, perform, display, and create derivative works from their copyrighted works. Copyright infringement occurs when someo ..read more

Kyle-Beth Hilfer spoke on a New York State Bar Association panel: “Why is Arbitration Ideal for Resolving Cannabis Industry Disputes?” The September 2023 panel discussed the unique advantages of arbitration for cannabis industry participants. Ms. Hilfer addressed arbitration procedural advantages, remedies, and dispute resolution clause drafting in her remarks. The full program is available to stream here. This blog contains some of Ms. Hilfer’s key insights the use of arbitration to resolve cannabis industry disputes. What are the advantages of arbitration for cannabis industry disputes? Can ..read more

On June 20, 2023, Kyle-Beth Hilfer moderated and spoke on a NYSBA panel exploring confidentiality in arbitration and press relations. The panel explored varying perspectives: the entertainment litigator, the arbitrator, the press relations manager, and the American Arbitration Association. Using a hypothetical arbitration from the entertainment world, the panel tackled a variety of questions about confidentiality in arbitration, such as: • How will you manage media relations before, during, and after the arbitration? • How do you handle a call from a reporter, asking for details that have not ..read more

Kyle-Beth Hilfer recently appeared on the Mediator in the Middle podcast. She discussed with two other mediators how mediation lessons from the $787.5 Million settlement in the Dominion v Fox News dispute. Here are some of the topics Kyle-Beth discussed: Why does mediation timing matter? The Judge was imploring them to settle that. That’s a very strong word, right? Imploring. He wasn’t urging. He wasn’t suggesting. He was imploring. That in and of itself, suggests we need help. We’re right at the door. We’re on the courtroom steps. The slide deck is being loaded for opening statements. If ..read more

On March 30, 2023, Kyle-Beth Hilfer spoke for the Westchester County Bar Association on a panel entitled: “Ready To Resolve: Preparing for Your Next Mediation.” Ms. Hilfer discussed best practices for litigators preparing for mediation. This blog contains some of Ms. Hilfer’s comments. Q. When attorneys contact you for a potential mediation, what questions do they ask and what questions do you wish they asked? A. Attorneys often ask about my industry and legal expertise, my style of mediation, and logistics. I wish they asked some of the following questions when preparing for mediation: • Do y ..read more

On December 6, 2022,  Kyle-Beth Hilfer spoke on a panel for the New York State Bar Association discussing “Tough Calls and Recovery Issues in Arbitration.” Below are some of the issues that Ms. Hilfer considered on this panel. AAA’s New Rule 45(b) The AAA Commercial Arbitration Rules now provide the arbitrator with authority to issue orders preserving confidentiality of the arbitration process. In combination with new rule R-24, 45(b) gives the arbitrator discretion to order confidentiality not only of documents but also of the whole proceeding. Such an order could apply not only to ..read more

Some commercial disputes end up in mandatory mediation. A court may send the parties to mandatory mediation. A contract’s dispute resolution clause may mandate mediation before arbitration or lawsuit. In these instances, parties and their litigation counsel may feel like prisoners of the process. They may emotionally analogize mandatory mediation to their experience as a student in high school: endure and survive rather than participate and thrive. (Apologies to readers who liked high school.) The survival skills from high school likely do not apply in a productive mediation, especially where ..read more