Dispute Resolution

Mark R. Osherow is a Florida Bar Board Certified Specialist in Business Litigation with over 30 years of experience. He has practiced for most of those years in both state and federal courts throughout Florida. With significant trial and alternative dispute resolution experience, Osherow has taken countless depositions and served as first-chair in numerous trials, arbitrations and mediations. He serves as a legal advisor for his clients as they assess their business risks across a large segment of industry and service providers. Lawyer.com Member Questionnaire How did you build a successful practice? Throughout my early career, I was involved in class action litigation, complex litigation for major clients and product liability cases. I was fortunate to be involved in complex cases and, through that experience, to develop expertise in a variety of areas,” he says. Osherow learned early on that success as a litigator requires a very high level of commitment and tenacity. After 2006, my practice focused almost exclusively on business litigation and related areas such as real estate, construction and employment litigation. Osherow believes in leading by example, a philosophy he developed and has carried out through his over 30 years of practice. Osherow says he works to be a good listener. That skill, combined with his experience as a board-certified business litigator, allows him to respond quickly and effectively to client needs in diverse areas of the law. He believes in The Florida Bar board certification process. He says he is proud of his certification as a board-certified business litigation specialist, and frequently encourages his colleagues to apply. “I believe in team effort and in leading in a way that makes other people want to perform for you as a team. My philosophy has come down to this – the way I define a problem is whether somebody is going to remember in a day, a week, a month, six months, a year or five years from now. If they are not going to remember it in the long term, it is really not a problem; it is just a bump in the road. And 99.9 percent of things fall into that category, although at that moment they may seem like major issues. We work in a high pressure, stressful profession and it’s important that people know someone has his or her back,” he says. “I’d say the biggest challenge is getting a case to the point that the client fully realizes how cases are resolved. It is basically strategy. Most cases can ultimately be resolved. Finding those solutions that get the participants to a point where they are ready to resolve the case is for me one of the most interesting aspects of practicing law,” Osherow says. He helps clients to see that sometimes they are motivated more by hostility, anger, frustration or something else that interferes with their ability to focus on the practical business aspects of their situation. One of his primary goals is to motivate those clients to see their situation from a practical perspective rather than an emotional perspective, to see the situation as it really is – a purely business transaction. “Sometimes clients don’t think as rationally as they believe they are and sometimes when they think rationally they don’t necessarily weigh all the different aspects of the case. It is very important to help clients see the various motivations and causes that are influencing them to make a decision. Once we have done that analysis and we have gone through all of the specifics, then they can decide whether or not litigation is called for,” he says. Osherow sometimes faces a client who initially only wants to litigate, someone who doesn’t want or doesn’t realize that one of the key aspects of a case is an attorney’s ability to resolve or at least attempt to resolve the case before the client gets involved in expensive, time-consuming and often emotionally-draining litigation. He says it is crucial for a lawyer to help a client assess his or her willingness to take a case through the litigation process and trial. The client must also feel comfortable that their law firm is providing advice that is in their best interests, whether they go the distance through trial or seek alternative dispute resolution. “I always want our clients to understand the costs and risks of the decisions they’re making. For me, that is critical. I’m always advising clients about the next step, about what they need to know, what we should be doing, and advising them constantly on pre-litigation, litigation, settlement and trial issues,” he says. Osherow says that whether cases are rewarding or difficult, an attorney has to have an even keel as a litigator. He upholds a philosophy of trust when it comes to his clients’ interests. “My father taught me to never give up and my first boss taught me how to think like a lawyer, to be precise, and to be articulate in my writing. From those mentors and others, I have come to believe strongly in creating an environment where people can do their best.” What should clients look for in a lawyer? Do not rely on what is on a lawyer’s website alone. Speak to the lawyer and make sure your questions are fully answered and there is no run around or diversion in providing direct answers. That does not mean that every question is subject to an easy answer however. Make sure the lawyer has the competence to proceed with your case or its defense. Many inexperienced lawyers claim to be experts in matters that are really outside of their experience level or abilities. Many lawyers do not have the extensive training and experience to handle complex litigation but represent to the public that they have this experience. But they can be cost effective by charging lower rates. Sometimes you get what you pay for so be careful in selecting a lawyer who can at a minimum learn the issues and competently address your situation. Look for a lawyer who will represent you or your company vigorously and professionally and will take the time to learn all the critical issues involved in your particular matter. Check for prior cases handled by the lawyer and the actual experience the lawyer has in similar or related types of cases, recognizing that each case may well present distinct issues. Find out when the lawyer was admitted to the Bar and if they are Board Certified as a specialist in their particular area of practice, which can also help select a lawyer with the competency to handle a matter within their specialty. How important is local knowledge to the success of your cases? It is important to know the lawyers on the other side and the court rules and the reputations and differences in the way judges handle cases before them. This helps provide each client with valuable insight on how the case may progress in court. Where a case is in arbitration, where possible, it is critical to know the reputation of the arbitrators who may be chosen to hear the case.

Deena R. Merlen is a Partner at the firm. She serves clients at both our New York and Stamford offices and heads the Connecticut practice. Her practice areas include intellectual property, employment and labor law, media and entertainment, general business law, commercial transactions and dispute resolution. In her employment practice, Ms. Merlen is a trusted “go to” problem solver and counsel to individuals, established name brand companies and startups alike. She has extensive experience representing clients in matters including general counseling, discrimination actions, mediations and dispute resolution, investigations by federal or state agencies, as well as wage and hour claims and other labor law matters. She also advises on and regularly negotiates employment and separation agreements, independent contractor arrangements and other services-related arrangements. Ms. Merlen also counsels clients on employment and business matters in response to a crisis or other unexpected business impact, such as the COVID-19 pandemic and resulting business closures, including continuity plans, employee furloughs, reductions in force and other critical measures. In her intellectual property practice, Ms. Merlen helps her clients with the development, acquisition and protection of their valuable brands and other vital intellectual property assets. She manages and grows trademark portfolios in the U.S. and internationally; negotiates licensing, assignment, distribution and branding agreements; prosecutes trademark and copyright registrations; enforces intellectual property rights; and provides strategic counsel to safeguard brand platforms and expand the value of her clients’ intellectual property assets. Ms. Merlen’s media practice encompasses the development and protection of creative works in the fields of music, film, television, theatre, publishing, literary arts, performing arts, design and technology. She ran her own business in the entertainment industry for over a decade and brings that business experience and acumen to her legal practice. In addition, Ms. Merlen provides general business counsel and represents clients in company and transactional matters such as partnerships, joint ventures, licensing arrangements, the purchase or sale of businesses, and a wide range of other corporate matters, including company formation, capitalization and governance, compliance and contracts. Representative clients include technology companies, schools and other academic institutions, personal care and beauty companies, fashion and design companies, media, arts and entertainment companies, wholesalers, retailers and more. Prior to her work with RPJ, Ms. Merlen served as Law Clerk to The Honorable Roger J. Miner of the United States Court of Appeals for the Second Circuit, after which she joined Debevoise & Plimpton, where she practiced for over five years in the areas of corporate law and intellectual property. Ms. Merlen is admitted to practice in Connecticut and New York.

Mark S. Cochran exclusively practices Family Law, which includes divorce, visitation establishment and enforcement, child support establishment and enforcement, modification, custody, paternity, contempt, pre-marital agreements, step-parent adoption, and other child and family-related matters. Mr. Cochran has extensive litigation experience, and is qualified and capable of the trial of complex or large estates. We believe it is essential that a client be fully informed of his or her options and the progress of the case. We zealously represent our clients' interests while frankly advising as to the reality of the clients' expectations, given the specific circumstances of the case. Although Mr. Cochran is a trial attorney, we acknowledge that most family law matters are best settled and resolved prior to trial. Settlement, when fairly done, can save a client significant time and money. Settlement also allows the parties to have total control over the decision-making involving their children and property. Each attorney, therefore, has extensive experience in alternate dispute resolution, including mediation, settlement conferences, access facilitation and old-fashioned negotiation between lawyers. While encouraging alternate dispute resolution, we recognized that certain cases and issues must be tried by a Judge or jury, and are prepared to do so. Most importantly, we believe that an effective family law attorney must work to resolve problems, not create conflict and escalate hostilities.

For over twenty-nine years Paul M. Gaide has been an accomplished litigation and transactional lawyer and advisor. When aggressive representation is desirable and appropriate, the Law Offices of Paul M. Gaide is quite capable of advocating for you. When a subtle approach will benefit you most, Attorney Gaide is fully capable of utilizing a collaborative approach and applying all pertinent facts and law to obtaining an acceptable and timely resolution of client matters. Paul M. Gaide’s law practice has emphasized superior representation of clients: (a) in conflict resolution, including litigations before probate courts, state trial courts, state appellate courts, United States District Courts, and United States Bankruptcy Courts; and (b) in connection with transactional and planning matters. Prior to relocating back to Colorado, Attorney Gaide practiced law in New England with the Am Law 100 firm of Edwards & Angell, LLP, n/k/a Edwards Wildman Palmer LLP, now having over 620 lawyers in the United States, the United Kingdom and Asia, with Schatz & Schatz, Ribicoff & Kotkin, the then third largest law firm in the State of Connecticut with 135 attorneys, and in his own firm. Attorney Gaide is admitted and licensed to practice law in Colorado, Connecticut and Massachusetts. Paul M. Gaide is a graduate of the University of Colorado School of Law, Juris Doctor, Emphasis in Taxation (1989) (Research Assistant: N. Steuben, Real Estate Planning (Cases, Materials, Problems, Questions and Commentary) (3d ed. 1989)); and a graduate of the University of Denver, College of Business Administration, B.S.B.A. - Finance (Bal F. Swan Scholar, Dean’s Lists). You are encouraged to contact the Law Offices of Paul M. Gaide to confidentially communicate your concerns and determine if the firm can be of assistance to you. The firm offers a no-cost initial consultation of up to one hour. Weekend and evening appointments may be available. The website of Law Offices of Paul M. Gaide may be found at www.Law-Or-Equity.com Paul M. Gaide maintains a physical presence at the Law Offices of Paul M. Gaide, 417 West Mountain Avenue, Fort Collins, Colorado 80521.

Deena R. Merlen is a Partner at the firm. She serves clients at both our New York and Stamford offices and heads the Connecticut practice. Her practice areas include intellectual property, employment and labor law, media and entertainment, general business law, commercial transactions and dispute resolution. In her employment practice, Ms. Merlen is a trusted “go to” problem solver and counsel to individuals, established name brand companies and startups alike. She has extensive experience representing clients in matters including general counseling, discrimination actions, mediations and dispute resolution, investigations by federal or state agencies, as well as wage and hour claims and other labor law matters. She also advises on and regularly negotiates employment and separation agreements, independent contractor arrangements and other services-related arrangements. Ms. Merlen also counsels clients on employment and business matters in response to a crisis or other unexpected business impact, such as the COVID-19 pandemic and resulting business closures, including continuity plans, employee furloughs, reductions in force and other critical measures. In her intellectual property practice, Ms. Merlen helps her clients with the development, acquisition and protection of their valuable brands and other vital intellectual property assets. She manages and grows trademark portfolios in the U.S. and internationally; negotiates licensing, assignment, distribution and branding agreements; prosecutes trademark and copyright registrations; enforces intellectual property rights; and provides strategic counsel to safeguard brand platforms and expand the value of her clients’ intellectual property assets. Ms. Merlen’s media practice encompasses the development and protection of creative works in the fields of music, film, television, theatre, publishing, literary arts, performing arts, design and technology. She ran her own business in the entertainment industry for over a decade and brings that business experience and acumen to her legal practice. In addition, Ms. Merlen provides general business counsel and represents clients in company and transactional matters such as partnerships, joint ventures, licensing arrangements, the purchase or sale of businesses, and a wide range of other corporate matters, including company formation, capitalization and governance, compliance and contracts. Representative clients include technology companies, schools and other academic institutions, personal care and beauty companies, fashion and design companies, media, arts and entertainment companies, wholesalers, retailers and more. Prior to her work with RPJ, Ms. Merlen served as Law Clerk to The Honorable Roger J. Miner of the United States Court of Appeals for the Second Circuit, after which she joined Debevoise & Plimpton, where she practiced for over five years in the areas of corporate law and intellectual property. Ms. Merlen is admitted to practice in Connecticut and New York.

Adam’s practice focuses on family law, personal injury, and civil litigation. Adam’s family law practice focuses on issues such as divorce, child support, alimony, custody, protective orders, modification orders, and paternity actions. Adam helps clients through times of significant family transition through the court and mediation processes. Adam’s personal injury practice focuses on helping clients after car or motorcycle accidents, bicycle accidents, pedestrian accidents, slip and fall accidents, and medical malpractice claims. Adam has a passion for helping people that have been injured through the careless action of others. Adam’s litigation and settlement practice is focused on helping individuals and businesses resolve disputes and solve problems in a wide range of litigation matters, including business and commercial disputes, real property, trust disputes, torts, and contract disputes. While Adam has significant litigation and trial experience, he also understands the value and benefit of alternative dispute resolution. He understands that litigation is not always the best course of action for his clients, and he works closely with his clients to analyze their needs and desires and to develop a course of action to best further those needs and desires. In all of his cases, Mr. Kaas is committed to ensuring that his clients fully understand the legal process and providing his clients with the counsel, information, and resources they need to feel comfortable with the process and to make the best decisions for them.

Mark S. Cochran exclusively practices Family Law, which includes divorce, visitation establishment and enforcement, child support establishment and enforcement, modification, custody, paternity, contempt, pre-marital agreements, step-parent adoption, and other child and family-related matters. Mr. Cochran has extensive litigation experience, and is qualified and capable of the trial of complex or large estates. We believe it is essential that a client be fully informed of his or her options and the progress of the case. We zealously represent our clients' interests while frankly advising as to the reality of the clients' expectations, given the specific circumstances of the case. Although Mr. Cochran is a trial attorney, we acknowledge that most family law matters are best settled and resolved prior to trial. Settlement, when fairly done, can save a client significant time and money. Settlement also allows the parties to have total control over the decision-making involving their children and property. Each attorney, therefore, has extensive experience in alternate dispute resolution, including mediation, settlement conferences, access facilitation and old-fashioned negotiation between lawyers. While encouraging alternate dispute resolution, we recognized that certain cases and issues must be tried by a Judge or jury, and are prepared to do so. Most importantly, we believe that an effective family law attorney must work to resolve problems, not create conflict and escalate hostilities.

A divorce and other family related matters can be some of life’s most challenging events. Often, your family’s future is unclear. Let us help navigate you through these stressful times and transitions. We listen to your needs and provide skilled legal counsel. Having the right attorney can make all the difference. We are experienced in family law matters and can help to develop a well-planned strategy on how you should proceed. Our attorney listens to your needs and advocates accordingly. At the initial consultation, an attorney will clearly explain the legal process involved in your divorce or family law situation. We will provide you with the knowledge and confidence to take on the challenges ahead. Throughout your matter, our attorney will maintain continuous communication with you every step of the way. We work hard to advocate on your behalf and protect your interests. Contact us today at 314-216-7183 and put your mind at ease with a no-obligation free consultation with an attorney.

Emily is a Board Certified Family Law Specialist and has practiced almost exclusively family law since becoming an attorney in 2003 and formed McFarling Law Group. Emily became a certified mediator in 1999 through Humboldt University in Berlin, Germany. Emily receives mediation referrals from family court Judges through the Settlement Masters program as a trusted and effective mediator. Emily is a certified Parenting Coordinator on the Outsource Referral list for the Clark County Family Court and works with high conflict parents to resolve ongoing disputes.

Odeha Warren is a seasoned attorney with a focus on dispute resolution, family law, and civil matters. With over 17 years of legal experience, she is dedicated to providing personalized, results-driven legal services. As part of The Wright Legal Team, Odeha is committed to upholding the firm's mission of delivering exceptional service to families and individuals navigating complex legal challenges. Odeha is a member of the State Bar of California and is admitted to practice in the U.S. District Court for the Southern and Central Districts of California. She holds an LLM in Dispute Resolution from Pepperdine University School of Law and a Juris Doctor from Thomas Jefferson School of Law, where she graduated Cum Laude. Outside the courtroom, Odeha enjoys spending time with her family. As a proud mother of four daughters, ages 19 to 10, she’s an avid softball mom, often found cheering on her 11-year-old daughter, who plays competitively as a pitcher. In addition to their love for sports, Odeha’s family is also passionate about theater, and they are always either at the ballpark or enjoying the latest theater productions. Odeha also has a strong passion for music, having been a music major at the University of Redlands, where she played piano and tuba. In her spare time, she loves experimenting in the kitchen and trying out new recipes with her family.