By Gary Birnberg | November 22, 2019
This article will provide a primer for New York practitioners on the Singapore Convention, including: takeaways from the global think tank discussion; observations regarding the initial and future signatories of and what lessons can be learned from the New York Convention; how New York transactional attorneys and litigators can prepare for the impact of the Convention; and the Convention's impact on New York mediations.
By Jennifer B. Zourigui | November 22, 2019
If you have decided the time is right to mediate, then the incentives are there too. Below are five tips to aid in the effectiveness of the mediation process.
New Jersey Law Journal | Live Coverage
By Suzette Parmley | November 21, 2019
Jenny Craig's lawyer said the appellate ruling "overreached and extended 'Atalese' to a level it shouldn't have," while the plaintiff's lawyer asked, "How can you waive your right to a jury trial if you have absolutely zero information?"
The Legal Intelligencer | Commentary
By Will Sylianteng | November 21, 2019
I recently participated in two mediations, one as plaintiffs counsel and one as defense counsel, while they both successfully brought to a close the underlying cases, the parties to each had a different approach to the submission of mediation statements.
Daily Report Online | Commentary
By Judge Christopher C. Edwards and Kyle Harris Timmons | November 19, 2019
Professionalism is its own reward but, like any job done well, highly professional lawyers tend to have the greatest financial success in private practice.
By David N. Cinotti | November 19, 2019
New York courts have generally taken a pro-arbitration approach. A series of decisions in a long-running investor-broker dispute, however, is counter to that trend.
By Ross Todd | November 18, 2019
Lawyers at Keller Lenkner claim that moves the company and its counsel at Gibson, Dunn & Crutcher took to push a new arbitration agreement directly to their "Dasher" clients via the delivery app skirted ethical rules against communicating directly with a represented party. Gibson Dunn lawyers have previously called Keller Lenkner's arbitration tactics a "shakedown."
By Greg Land | November 18, 2019
With multiple lawsuits proceeding around the country, Ohio National Life Insurance and the broker-dealers suing it for terminating trail commissions asked a Texas court to stay litigation there until an Ohio case moves forward.
The Legal Intelligencer | Commentary
By Abraham J. Gafni | November 18, 2019
Employers often fail in their attempts to enforce such provisions because they cannot demonstrate that they have satisfied a basic element in making a contract under state law, i.e., securing the acceptance of the employee.
By John M. Baker and Katherine M. Swenson | November 18, 2019
it was not until October 2019 that the Eighth Circuit analyzed the unconscionability of an arbitration clause in a retainer agreement between a law firm and its client. The court concluded, without fully addressing the issue of unconscionability, that the law firm cured any potential substantive unconscionability by offering to pay the client's share of the arbitration costs—but left open the possibility that arbitration fees might render an agreement unconscionable in another case.
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