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April 2026 Welcome Welcome to readers of Making the Connection!    In this issue, you will find:  In Focus : Balancing Impartiality and Effectiveness in Mediation Question of the Month, discussing the Denver Nuggets' corporate culture Case on Point, discussing applicability of the attorney client privilege in the artificial intelligence context At the Podium, listing my speaking engagements and public appearances In Focus Balancing Impartiality and Effectiveness in Mediation Recently, I received some positive feedback from counsel for one of the parties in a large commercial mediation that resulted in a settlement after two sessions:  "I just wanted to send you a note after some time passed to tell you what a terrific job you did getting the parties to a place to reach a resolution.  I truly believed there was zero chance of settlement going into the mediation.  Your approach with the different parties was great." His comment prompted me to reflect on the differences in how I approached the parties in the mediation.  One party appeared to be over-confident about the likely result in litigation, while the other party, a smaller company, thought it was being taken advantage of and treated disrespectfully.  To get the parties to a place where they could reach resolution required approaches tailored to the different obstacles they faced.  The first party required reality testing of its case analysis, while the second party needed to be heard and to have its concerns acknowledged. Thus, adopting the same approach for each party would not have been effective. While I did not treat the two parties identically, I treated each of them fairly and impartially by ensuring that their needs and concerns were addressed.  Question of the Month Q: What can we learn about corporate culture from the Denver Nuggets? A: After moving to Denver, I have become an enthusiastic Denver nuggets fan. Although team members are in competition for playing time, shot attempts, money, etc. the team members genuinely seem focused on helping the team and other team members succeed. This is reflected in the fact that Nikola Jokic leads the team not only in scoring and rebounds, but also in assists. He is also very frank in criticizing his own performances and working to improve. Criticisms of teammates are expressed privately. Last year, team members publicly campaigned for Christian Braun to win the most improved player award. When starting team members were injured this season, the reserves stepped in to continue the team's winning ways.  When reserve Julian Strawther had an excellent game, injured teammate Peyton Watson borrowed the microphone from reporter Katie Winge to interview Strawther and praise his accomplishments.  These characteristics are in stark contrast with toxic workplaces where employees look to take credit,  avoid responsibility and pass the buck.  Case On Point United States v. Heppner (U.S. D. Ct. for the S.D.N.Y. 2026) Defendant Claude Heppner, anticipating that he would be criminally indicted for alleged misconduct as a corporate executive, consulted with Claude, an artificial intelligence platform to develop various potential strategies and arguments to present to and discuss with his attorney.  When the FBI executed a search warrant at Heppner's home, they seized documents and electronic devices, including the exchanges with Claude. Heppner claimed that these exchanges were covered by the attorney client and work product privileges and therefore not discoverable. The Court disagreed. It observed that the attorney-client privilege only applied to confidential communications between client and attorney for the purpose of obtaining or providing legal advice.  These communications did not satisfy this test: Under Claude's terms of use, the communications were not confidential but could be disclosed or used for other purposes; and The communications were not with an attorney. The Court also rejected application of the work product privilege protecting documents prepared by or for counsel in anticipation of litigation and containing or reflecting the attorney's thought processes.  These documents were not prepared by or for counsel, who was not aware of the client's communications with Claude, and did not reflect the attorney's thought processes.  At the Podium This is a listing of speaking engagements, workshops, events and other public appearances.  To book me as a speaker or facilitator at your next company, client or association function, contact me at lisa@lisapom.com.          On April 1, 2026, I was delighted to be a guest on the How to Survive Your Boss podcast.  The episode is available by clicking here.  © 2026, Lisa Renee Pomerantz. All rights reserved.

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