NFL - Brady Settlement Not Looking Good

As the New England Patriots begin training camp, there is no certainty about whether Tom Brady will be available for game one of their NFL season. While there have been reports regarding a possible settlement for Brady’s appeal of his four-game suspension, with leaks that he is seeking either a complete exoneration or only a fine, others say he may be willing to accept a reduced suspension. It is unlikely that Brady would agree to miss games without taking the case to court to avoid admitting any guilt. They say a fine could be interpreted as putting the so-called Deflategate distraction behind his team. But now, the NFL could reject Tom Brady’s appeal and uphold the four‐game suspension. The NFL claims the quarterback's actions were detrimental to the integrity of the sport. ESPN today reported Commissioner Roger Goodell will not reduce or overturn Brady’s suspension and that Brady may have actually destroyed his own personal cell phone rather than just refusing to turn it over. The NFL was annoyed Brady would not give up relevant text messages and emails that might help clarify his level of involvement in Patriots equipment managers allegedly letting air out of game balls. Now it appears that electronic evidence may have been spoliated. Still, NFL Media's National Insider reports that the NFL and NFL Players Association exchanged offers for a potential settlement on Brady's suspension, according to sources informed of the negotiations. See stories here-- http://bit.ly/1Jq4HuT and http://bit.ly/1fEbJ39 and http://www.nfl.com/news/story/0ap3000000504228/article/nfl-nflpa-exchange-offers-on-brady-settlement

Masters Conference for Legal Professionals

Please join me tomorrow as I speak about streamlining electronic discovery at the Masters Conference for Legal Professionals on Tuesday, July 21, in New York City. Having chaired the recent effort to amend Florida Civil Procedure Rules to include e-discovery and previously taught for the state’s Advanced Judicial College, I'll join other industry experts in taking attendees through the life cycle of a complex case. We'll be focusing on fixing problem areas for a more cost-effective approach in a panel discussion titled “How to Streamline E-Discovery,” which runs from 11 am to noon. All eight of the conference’s sessions will take place at New York’s famed Harvard Club. The conference will concentrate on e-discovery, data protection, records management and related topics. My emphasis will be on avoiding discovery disputes in the courts through the use of E-Neutrals, Mediated Case Management and Special Masters by culling the universe of information available to parties, in order to let them focus back on the merits of the claims and defenses. E-Neutrals or mediators specializing in complex cases involving electronic evidence can shape discovery plans, allocate costs and suggest and create efficiencies. The mediation process may focus a confidential conference solely on managing ESI, or the neutral may broaden the discussion, perhaps dissuading parties and counsel from merely using e-discovery as a sword or shield. Mediation is an avenue that can present parties with significant cost-savings in ESI cases, if performed early enough in the litigation. For more information about our panel at the Masters Conference, please visit-- http://themastersconference.com/agenda/how-streamline-ediscovery and for the full agenda tomorrow, see-- http://themastersconference.com/events/new-york-city

Frank Lloyd Wright Preservation Mediation

A Frank Lloyd Wright-designed home near Camelback Road in Phoenix was bought a few years ago by the David & Gladys Wright House Foundation while facing demolition. However, a battle with neighbors has arisen over plans to host events and build an events center at the property just south of Camelback Mountain in a wealthy Phoenix enclave. The former mayor there strongly supports preserving the mid-century home Frank Lloyd Wright designed for his own son and daughter-in-law before the architect's death in 1959, and wants to see a resolution of the dispute with concerned neighbors. Supporters want the Wright House to be open for public viewing as a historic site but are sensitive to concerns about events, traffic and noise in the residential neighborhood. Reportedly, they are looking for an independent knowledgeable mediator that all parties agree upon in order to bring about a resolution. This story caught my attention because we have gone through similar disputes in the Orlando suburb of Winter Park, where I was raised. James Gamble Rogers II was a noted architect here and a significant historic property designed by him, Casa Feliz, faced the threat of demolition. More than a million dollars was raised in private donations to save and restore the home which required moving the house. The event became a media spectacle, as the 750 ton behemoth, balanced on 20 pneumatically leveled dollies, rode the 300 yards across the street to its new home. Once the house was positioned in its new location, complete restoration began. Full disclosure: I served on the board of directors for a time and remain a friend of the Rogers family. Today, Casa Feliz serves the community as a historic home museum and venue for public cultural, private party and business events. Its rescue even inspired the saving of another of home, known as the Capen House, which was recently floated across Lake Osceola to a new location. See story here-- http://bit.ly/1DkWIsy and information on Casa Feliz here-- http://www.casafeliz.us and the Capen House here-- http://preservationcapen.org/

Join me for the Masters Conference NYC

Please join me this month as I've been invited to speak about streamlining electronic discovery at the Masters Conference for Legal Professionals on Tuesday, July 21, in New York City. Having chaired the recent effort to amend Florida Civil Procedure Rules to include e-discovery and previously taught for the state’s Advanced Judicial College, I'll join other industry experts in taking attendees through the life cycle of a complex case. We'll be focusing on fixing problem areas for a more cost-effective approach in a panel discussion titled “How to Streamline E-Discovery,” which runs from 11 am to noon. All eight of the conference’s sessions will take place at New York’s famed Harvard Club. The conference will concentrate on e-discovery, data protection, records management and related topics. “Whether you’re dealing with e-discovery in a new, socially networked world, find your company expanding globally and thus facing international discovery issues, or planning for the future of e-discovery in your firm or company, you know there’s a divide between what is in practice today and where your firm needs to be in the near future,” according to conference organizers. “Legal professionals must develop strategies for spanning this e-discovery divide before it expands further across traditional borders, whether physical or technical.” My emphasis will be on avoiding discovery disputes in the courts through the use of E-Neutrals, Mediated Case Management and Special Masters in culling the universe of information available to parties, in order to let them focus back on the merits of the claims and defenses. For more information about our panel at the Masters Conference, please visit-- http://themastersconference.com/agenda/how-streamline-ediscovery and for the full agenda in New York, see-- http://themastersconference.com/events/new-york-city

BP Settlement

Over the course of the next 18 years, British Petroleum (BP) will pay Florida $3.25 billion or more for its role in the biggest offshore spill in U.S. history. The Deepwater Horizon drilling rig in the Gulf of Mexico exploded in 2010, killing eleven men aboard and spewing crude oil from the sea floor for almost 90 days. Along with Florida, some $18.7 billion will be paid to Mississippi, Louisiana and Alabama. BP already spent $42 billion in cleanup efforts, penalties and payouts for people whose livelihoods were directly affected by the spill. For businesses and individuals, about $5 billion was paid out. The accident led to thousands of lawsuits against BP, as well as Transocean, the rig’s owner, and Halliburton, which provided contract services for the project. Last week's settlement was the largest of BP’s agreements since the spill. BP agreed in 2012 to plead guilty and pay the government $4 billion to resolve a criminal case. BP also agreed that year to pay another $525 million over allegations of understating the size of the spill. The company also reached an estimated $10.3 billion settlement with most Gulf area residents and businesses harmed by the spill who did not opt out. That deal will probably cost more because claims that haven’t been fully processed. The settlement didn’t cover banks, casinos, insurance companies and businesses or residents in large swaths of Texas and Florida. It also didn’t include shareholders or businesses blaming BP for the Obama administration’s moratorium on deep-water drilling in the Gulf following the spill. BP has increased the amount set aside to pay for the spill to $53.8 billion which may not be enough. Investors filed a securities-fraud lawsuit, claiming BP downplayed the disaster, which goes to trial next year in Texas. A class action covers investors who bought BP’s U.S. shares from a period days after the blowout. BP will ask the U.S. Court of Appeals in New Orleans this month to block them from suing as a group, which could delay the case. Investors are seeking as much as $2.5 billion, according to court filings. BP's defense seeks to deny responsibility for those damages because the U.S. government ordered and extended the drilling ban for months. See stories here-- http://bit.ly/1H5iMIs and http://bit.ly/1NLxrOg