Neal Ross Marder

Neal Ross Marder, a distinguished attorney, recently handled a complex, bet-the-company partnership dispute for his client, Investment Management Group. This case was particularly notable for its challenges and the innovative approach required to navigate the legal process during the COVID-19 pandemic. The dispute involved intricate claims of breach of fiduciary duty and breach of the partnership agreement.

One of the most significant aspects of this case was the shift from traditional court proceedings to a month-long arbitration process, a decision influenced by the constraints of the pandemic. Marder’s success in this alternative legal setting was a testament to his adaptability and skill in managing complex legal disputes outside the conventional courtroom environment. Not only did Marder and his team triumph in the arbitration, but they also successfully defended the arbitration award in subsequent court challenges and on appeal, further solidifying their victory.

Conducting the case remotely presented a unique set of challenges, particularly in the realm of effective communication and advocacy. The inability to engage directly with the trier of fact and to establish a personal connection during critical phases such as opening statements, closing arguments, and witness cross-examinations via Zoom added layers of complexity to the case. Additionally, the technological aspects of managing and introducing trial exhibits in a virtual environment required innovative solutions and adaptability.

Marder’s work on this case highlights a growing trend in the legal field: the increasing integration and impact of artificial intelligence (AI) on litigation.

“The use of AI and its impact on litigation is on the forefront of everyone’s minds. Currently, we are in a major dispute with our adversary in a significant class action matter over the use AI in connection with the review of client documents response to request for production. The courts are going to be very challenged with balancing attempts to save time and money through the utilization of AI instead of expensive hourly lawyers to respond to discovery.” said Marder.