'Litigation Prenup' Could Face Obstacles In Court

By Brendan Pierson

Law360, New York (June 02, 2010, 12:17 PM ET) -- A new litigation model that allows companies to agree to a hybrid of arbitration and litigation in order to reduce costs is gaining ground among attorneys, but experts say it will likely face an uphill battle as it runs up against courts' established powers.

This “litigation prenup,” known more formally as an economical litigation agreement, is the brainchild of Daniel Winslow, a partner at Proskauer Rose LLP.

Winslow unveiled the first version of the prenup in April at a Pepperdine University conference, and is currently finishing...
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