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November 11, 2020 | GREG DAVID DERIN, ESQ.

Early Neutral Evaluation: The Road Less Traveled

Some years ago, I received a call to mediate a pre-litigation dispute. The controversy involved what is known as a vertical integration claim: one party alleging that the other had not paid it a fair license fee for the broadcast of its television production, because that licensor was the parent company of the broadcaster with which it was negotiating (i.e., it had not bargained at arm’s length).